Towards a supranational regulation of fundamental rights to research, education, and access to culture

Abstract

It is necessary to raise awareness of the need for legislative action at the international level to ensure that fundamental rights to research, education, and access to culture are exercised across borders. The European Directive on Copyright in the Digital Single Market greatly facilitates the exercise of these rights by introducing mandatory exceptions that allow for essential activities, such as text and data mining or online teaching in cross-border contexts. These exceptions and limitations apply only within the member States’ legal systems, and the national implementations are diversified due to the flexibility granted to any national legislators. Indeed, each state has a degree of flexibility in reception that undermines the homogeneity of the discipline.