Using YouTube: Practical Consequences of the Approach Adopted by EU Copyright Law

Abstract

EU copyright law, in connection with exceptions and limitations to copyright, is far from harmonized. This paper examines exceptions and limitations in EU copyright law, with regard to the feasibility of the system established by the InfoSoc Directive. Factual situations of everyday use of works via YouTube and similar sites have been presented in order to establish whether the legal treatment of such uses as infringement of copyright is really the right path to take. Following the review of current developments in EU copyright policy, the paper argues the need for a system of copyright in which holders enjoy more limited rights. Nevertheless, due to the evident political infeasibility of the proposal, the paper argues the introduction of a general and broad fair use exception which would amount to a system of copyright protection which better aligns with the expectations and actual activities of ordinary people.