Copyright and the Court of Justice of the European Union
Voted IPKAT Best Copyright Law Book 2019
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Product details:
- Publisher OUP Oxford
- Date of Publication 28 February 2019
- ISBN 9780198837176
- Binding Hardback
- No. of pages320 pages
- Size 238x164x23 mm
- Weight 662 g
- Language English 0
Categories
Short description:
This monograph focuses on the CJEU, and seeks to understand its role and action in the area of copyright, also outlining whether the latter has been informed by any particular vision of what EU copyright should be like, and what the legacy of all this might be.
MoreLong description:
This title focuses specifically on the role, action, and legacy of the Court of Justice of the European Union (CJEU) in the field of copyright, also by providing an exclusive survey that covers two decades (1998 - 2018) of CJEU decisions in this area of the law.
The main objective of this work is providing readers with a sense of direction of EU copyright case law. In order to achieve this, an attempt of 'tidying up' and rationalizing existing rulings is carried out.
The book consists of three parts.
The first part explores the role of the CJEU in copyright cases. Besides outlining the history of EU copyright harmonization and providing statistical data concerning the Court's activity, it extracts the key standards employed in copyright case law, explains their meaning and significance, and carries out a novel statistical analysis aimed at mapping relations between the various standards.
Following a discussion of the impact of CJEU interpretation of certain EU copyright provisions (notably their preemptive force on individual EU Member States' freedom), the second part is concerned with CJEU action (and vision) in respect of three key areas of copyright: the construction of economic rights; exceptions and limitations; and enforcement.
The final part focuses on CJEU legacy broadly intended. It tackles two distinct perspectives, these being the effect on national copyright laws and the current policy discourse around EU copyright reform. As regards the former, the book discusses the default consequences of the departure of a certain Member State from the EU. In relation to the latter, attention is focused on a number of selected areas, which require to be considered in light, not just of existing legislation, but also - and perhaps most importantly - existing case law.
This extremely profound analysis by Professor Rosati of EU copyright protection and relevant Court of Justice decisions constitutes uncharted territory, unveiling new information, perhaps never considered, even by members of the Court like myself. Professor Rosati's book addresses, from an original and forward-thinking perspective, some of the most complex, challenging, and pressing aspects of the EU copyright framework. I am certain that the book will contribute to an awareness of the many challenges facing copyright protection, both on the EU and global level, as well as the importance of EU law and the Court of Justice.
Table of Contents:
Acknowledgments
Foreword
Table of abbreviations
Table of figures
Table of international and EU legislation
Table of case law
Introduction
EU copyright harmonization and CJEU role and action
Standards applied in relevant copyright rulings: a data-based case law analysis
Towards less flexibility: EU preemption
The construction of economic rights in the InfoSoc Directive
The construction of exceptions and limitations in the InfoSoc Directive
Enforcement of copyright
Relevance of EU copyright law to (future) non-EU Member States
CJEU case law and the interplay with policy and legislative action in the DSM
Conclusion - Copyright and the CJEU: role, action, legacy
References
Appendix 1: Directive 2001/29 (InfoSoc Directive)
Appendix 2: Directive 2004/48 (Enforcement Directive)
Index
Copyright and the Court of Justice of the European Union: Voted IPKAT Best Copyright Law Book 2019
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