This chapter discusses the evolution in jurisprudential understanding of the relationship between copyright and freedom of artistic expression in the European Union. It demonstrates how courts in France and several other EU member states have accepted a “fair use” approach that applies...

This chapter of the Oxford Handbook of Online Intermediary Liability sets the stage for considering the tension between intermediary liability and fundamental rights with special emphasis on the European legal framework. Competing fundamental rights, such as freedom of expression, privacy,...

According to EU and international trade mark law, signs that are contrary to public policy or to accepted principles of morality may be denied registration. Public policy and morality are open legal concepts that provide a typical entrance door for fundamental rights, allowing the taking into...

Much political conflict in the world revolves around the issue of how much freedom to accord people. Liberal democracies are characterized by, e.g., the rule of law and a strong protection of civil rights, giving individuals a great deal of legally guaranteed freedom to lead their lives as they...

The association between freedom of expression - freedom of speech and the freedom of the media - and social conflict is theoretically ambiguous and politically highly contested. On one side of the debate, people argue that freedom of speech and freedom of the media create social conflict by...