global future of cultural institutions, information industries, and
individual creative work hinges, in part, on present decisions about the
scope and character of copyright exceptions and limitations. Almost
everyone agrees that modern copyright law needs to be flexible in order
to accommodate rapid technological change and evolving media uses. In
the United States fair use is the flexible instrument
of choice. Author's rights systems in Europe are generally deemed to be
less flexible and less tolerant to open-ended limitations and
exceptions. But are they really?
lecture makes the case that (1) author’s rights systems can be made as
flexible as common law copyright systems, and (2) that the existing
EU legal framework does not preclude the development of flexible norms
at the national level.
Professor Bernt Hugenholtz
Hugenholtz is Professor of law and Director of the Institute for
Information Law (IViR) at the University of Amsterdam. He is also a
at the University of Bergen (Norway), and regularly teaches at the
Munich Intellectual Property Law Center (Munich), Monash University
(Melbourne) and Charles University (Prague).
He is the co-author, with Prof. Paul Goldstein (Stanford University), of
International Copyright. Principles, Law, and Practice (Oxford
University Press, 3nd ed. 2012), and has written extensively on a range
of copyright-related issues. He has acted as an advisor to the World
Intellectual Property Organization, the European
Commission, the European Parliament and the Netherlands Ministry of
The Peter Jaszi Distinguished Lecture in Intellectual Property
Program on Information Justice and Intellectual Property's
Distinguished Lecture on Intellectual Property Law is named in
recognition of the
extraordinary ongoing contributions of Professor Peter Jaszi to the
study of intellectual property at American University Washington College
of Law and in the world at large, and in particular for his lasting
contributions to the elevation of the public interest
in intellectual property discourse.
Support the Lecture: Supporters may make a pledge at
wcl.american.edu/go/give, and designate their gift to the lecture by
using the “Other” field. Checks mailed to the Development Office should
include “Peter Jaszi Lecture” in the memo line.
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I speak for myself. On this blog, I do not and cannot speak for Georgetown Law, the Organization for Transformative Works and/or AO3.