US and EU: diverging or intertwined paths?

Abstract

The chapter aims to verify the extent to which the US and EU courts influence each other in striking a balance between copyright and fundamental rights. It first turns to the internal and external balancing mechanisms provided for in both jurisdictions. It then analyses the nature of these safeguards and evaluates where the conflict between copyright law and fundamental/constitutional rights is resolved – within or outside copyright law. The authors then turn to the jurisprudence of the US Supreme Court and the US Courts of Appeal and compare it to the Court of Justice with the goal of establishing whether and to what extent the decision-making processes in the two jurisdictions converge or diverge.