The aims and objectives of the European Union as imperatives for more flexibility in copyright law

The flexibilities offered by the EU copyright acquis are extremely limited. Attempts to introduce judicially-managed flexibility through fundamental rights have failed in 2019. This contribution argued that flexibility can – or even must – be introduced to copyright law to realize the objectives of the EU Treaties, which themselves provide the competence for EU copyright harmonization. Constitutional objectives, such as sustainability and technological progress, are enshrined in art. 3 TEU, create constitutional imperatives for a more permissive copyright framework that enables technological innovation and artistic creativity. This much-needed flexibility could, for example, be introduced through broader purpose-dependent exceptions or remunerated uses that permit unauthorized uses while granting rightholders fair compensation for the use of their works. However, these changes must be implemented by the EU legislator, which can rely on a strong constitutional backing by the aims and objectives of the EU Treaties.