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Article summary:
1. The article examines the degree of harmonisation achieved by Directive 2001/29/EC in relation to exceptions and limitations on copyright and related rights.
2. It provides an overview of the main characteristics of the list of exceptions and limitations contained in Article 5 of the Directive.
3. The article analyses three examples of limitations that have led to legislative changes at the Member State level, and concludes that there is still a significant degree of uncertainty for stakeholders regarding permissible acts with respect to copyright protected works.
Article analysis:
The article “Why Cherry-Picking Never Leads to Harmonisation: The Case of the Limitations on Copyright under Directive 2001/29/EC” by Lucie Guibault is a well-researched and comprehensive analysis of the implementation of Directive 2001/29/EC in relation to exceptions and limitations on copyright and related rights across the European Union. The article provides an overview of the main characteristics of Article 5, as well as a detailed examination of three examples – libraries, teaching and research, and persons with disabilities – which have led to legislative changes at the Member State level.
The article is reliable in its presentation, providing evidence for its claims through references to relevant sources such as European Commission documents, case law, national legislation, etc., which are cited throughout. Furthermore, it presents both sides equally by exploring potential risks associated with implementing Directive 2001/29/EC while also noting its potential benefits for digital knowledge economies.
The only potential bias present in this article is that it does not explore counterarguments or alternative perspectives on how best to achieve harmonisation across Europe when it comes to copyright laws; however, this does not detract from its overall reliability or trustworthiness. In conclusion, this article can be considered trustworthy and reliable due to its comprehensive research and balanced presentation.