Kraetzig Viktoria, Censorious Copyright

Copyright interferes with the freedom of speech. Right holders can take advantage of it to silence others. Copyright doctrine must therefore provide mechanisms that strike a fair balance with the freedom of expression. This article attempts to provide a blueprint for dealing with censorious copyright according to the case law of the CJEU. In the digital age, it is more important than ever to tackle abuses of copyright law since more and more communication takes place via copyright-protected content.