• What role the rights granted by the Charter of Fundamental Rights of the European Union plays: in particular, what is the relationship between copyright protection (Article 17(2)) and freedom of the arts (Article 13)?
• (C)can copyright protection be trumped by the need to safeguard freedom of the press and freedom of information? Or can fundamental rights be even directly invoked to prevent enforcement of copyright?
These two – rather fundamental – questions have been sent to the European Court of Justice from Germanys supreme court, undesgerichtshof (BGH).
Techdirt » Two Big Copyright Cases Sent To Top EU Court: One On Sampling, The Other On Freedom Of The Press »