Fair enforcement procedures as a means to enhance substantive flexibility in copyright law

Applying exceptions and limitations in copyright law faces a significant challenge due to enforcement procedures. Today, much of copyright enforcement is managed by online platforms, such as video-sharing services, driven by regulatory frameworks that require them to handle the vast influx of copyrighted content in the digital environment. These platforms rely heavily on automated, computerized systems for enforcement. Consequently, procedural barriers created by these automated systems hinder the effective application of exceptions and limitations intended by substantive copyright law. This article proposes a crucial approach to addressing these imbalances by advocating for fair enforcement procedures that enable more effective use of the flexibility embedded in copyright law. Since enforcement procedures are largely subject to national discretion, introducing new mechanisms in this area could play a practical role in promoting greater fairness and balance within the copyright system.