12.
Uses protected by fundamental rights should be permitted even if not explicitly allowed by copyright laws.

Fundamental rights should function as an external limit to copyright laws when those laws do not properly protect the rights enshrined in the EU Charter of Fundamental Rights. Europe needs to clarify that if existing exceptions to copyright and other exclusive rights lack flexibility to cover activities protected by fundamental rights, it should be possible for national courts to apply fundamental rights directly, further limiting exclusive rights, so as to reach an equitable solution that fully respects the Charter.

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