This paper seeks the most promising approach for reforming the European copyright regime to introduce more flexibility for transformative uses. We will consider two reform proposals, both inspired by Canadian law: first, the introduction of a specific exception for user generated content and second, a more ambitious transition to a semi-open “fair dealing” exception. We will finally argue in favor of this second proposal, in the footsteps of the reasoning of the Supreme Court of Canada following its landmark CCH Canadian decision.
Lambrecht, M., & Cabay, J. (2015). Remix allowed: avenues for copyright reform inspired by Canada. Journal of Intellectual Property Law & Practice, 11(1), 21-36. https://doi.org/10.1093/jiplp/jpv206 (Original work published 2016)