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Copyright and the Court of Justice of the European Union, 2nd Edition

Copyright and the Court of Justice of the European Union, 2nd Edition

Author: Rhonda Powell
Publisher: Oxford University Press
ISBN: 9780198885580
Published In: October 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'.

The new edition captures all the significant developments in EU copyright law that have occurred since 2019. Aside from macro-events such as the UK's now completed departure from the EU and the adoption of the Digital Single Market Directive (2019/790), seminal judgments have been issued by the CJEU which touch upon all the main foundational aspects of EU copyright.

This book is structured in three parts. The first part is about the role of the CJEU as an EU institution. Following a discussion of the impact of CJEU interpretation of EU copyright provisions (notably their pre-emptive effect on individual EU Member States' freedom), the second part is concerned with CJEU action and vision in respect of four key areas of copyright and related rights: the requirements for protection, construction of exclusive rights, exceptions and limitations, and enforcement. The final part focuses on the legacy of CJEU case law broadly intended, having regard to both individual countries' copyright laws (specifically: the UK) and recent EU copyright reform discourse, notably in the context of the DSM Directive.

Timely and engaging, Copyright and the Court of Justice of the European Union provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.
Acknowledgments
Foreword, Advocate General Maciej Szpunar (Court of Justice of the European Union)
Table of abbreviations
Table of figures
Table of international and EU legislation
Table of case law
Introduction

Part I - EU harmonization and the functioning of the CJEU
1: EU copyright harmonization and CJEU role and action
2: Standards applied in relevant copyright rulings: a data-based case law analysis

Part II - Beyond the law? A CJEU-made copyright system
3: Towards less flexibility: EU preemption
4: The construction of economic rights in the InfoSoc Directive
5: The construction of exceptions and limitations in the InfoSoc Directive
6: Enforcement of copyright

Part III - The legacy of the CJEU
7: Relevance of EU copyright law to (future) non-EU Member States
8: 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