Rechtfertigung, Rechtsnatur und Disponibilität der Schranken des Urheberrechts

Copyright strikes a delicate balance between the interests of rightholders in the exploitation of their works, and society's competing interest in the free flow of information. This balance maintained by the limitations on copyright is at stake. The use of digital technology allows rightholders to enforce contractual terms restricting even legal uses of copyrighted works. After exploring the ethical and economic justification of copyright, Malte Stieper analyzes the extent to which copyright limitations can be overridden by contract and technological protection measures. Limits set by competition law and general contract law are taken into account, as is the overreaching legal protection against the circumvention of technological measures by the EU Information Society Directive.