Overview

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.

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9780191873942

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Reviews

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. -- Maciej Szpunar, First Advocate General at the Court of Justice of the EU an impressive synthesis. It should be high on the reading list of any serious copyright lawyer in the EU. -- The Hon Mr Justice Richard Arnold This book will be relevant to two different species of lawyers: copyright enthusiasts and EU law specialists (academics and practitioners alike). For its detailed study of the role of the CJEU, this book will also be relevant to anyone interested in the broader questions of statutory interpretation and judicial activism. The clarity of writing makes this book an easy read, even when encountering very technical aspects of the law. -- Mathilde Pavis, IPKAT Eleonora Rosati is a very gifted scholar with a unique ability to synthesize diverse, complex concepts into easy to understand English. No where is such skill more necessary than in figuring out the CJEU's baffling jurisprudence. This book is a must for everyone. - Bill Patry, Senior Copyright Counsel at Google and author of Patry on Copyright This volume is the product of the happy conjunction of penetrating scholarship, a meticulous eye for detail, prodigious enthusiasm and unbounded energy. Dr Rosati should be congratulated for her valuable and timely contribution to European copyright literature. - Professor Jeremy Phillips, Founder of The IPKat and the Journal of Intellectual Property Law and Practice (OUP) In this thought-provoking book, Eleonora Rosati elegantly unfolds the fil rouge underlying the Court of Justice of the European Union (CJEU) case law in the field of copyright, with a view of painting the CJEU vision and comparing it with those of other EU institutions, in particular the European Commission. The message is clear from the first chapter in which 98 decisions are meticulously dissected using a combination of qualitative and quantitative methods: consensus is easier to obtain when the interpretation put forward favours authors and copyright holders. This analytical therapy of the CJEU case law conducted with high academic rigour and love (or should I say empathy) is a must-read for anyone with an interest in EU harmonisation, policy making and copyright. - Sophie Stalla-Bourdillon, Professor of Information Technology Law and Data Governance, University of Southampton In this systematic, statistically informed, account of the decisions of the CJEU in the field of copyright, Eleonora Rosati analyses the Court's central role in deepening harmonization of copyright law in the EU and lays bare the reasoning that underpins that approach. - Professor Lionel Bently, Herchel Smith Professor of Intellectual Property, University of Cambridge 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. - Maciej Szpunar, First Advocate General at the Court of Justice of the EU This book makes an important contribution to the literature, as Advocate General Maciej Szpunar (CJEU) explains in the forward ... The writing style enables the complexities of EU Copyright issues to be understood, providing clarity to a challenging area of law with rigour and ease. -- Hayleigh Bosher, The 1709 Blog

"""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."" -- Maciej Szpunar, First Advocate General at the Court of Justice of the EU ""an impressive synthesis. It should be high on the reading list of any serious copyright lawyer in the EU."" -- The Hon Mr Justice Richard Arnold ""This book will be relevant to two different species of lawyers: copyright enthusiasts and EU law specialists (academics and practitioners alike). For its detailed study of the role of the CJEU, this book will also be relevant to anyone interested in the broader questions of statutory interpretation and judicial activism. The clarity of writing makes this book an easy read, even when encountering very technical aspects of the law."" -- Mathilde Pavis, IPKAT ""Eleonora Rosati is a very gifted scholar with a unique ability to synthesize diverse, complex concepts into easy to understand English. No where is such skill more necessary than in figuring out the CJEU's baffling jurisprudence. This book is a must for everyone."" - Bill Patry, Senior Copyright Counsel at Google and author of Patry on Copyright ""This volume is the product of the happy conjunction of penetrating scholarship, a meticulous eye for detail, prodigious enthusiasm and unbounded energy. Dr Rosati should be congratulated for her valuable and timely contribution to European copyright literature."" - Professor Jeremy Phillips, Founder of The IPKat and the Journal of Intellectual Property Law and Practice (OUP) ""In this thought-provoking book, Eleonora Rosati elegantly unfolds the fil rouge underlying the Court of Justice of the European Union (CJEU) case law in the field of copyright, with a view of painting the CJEU vision and comparing it with those of other EU institutions, in particular the European Commission. The message is clear from the first chapter in which 98 decisions are meticulously dissected using a combination of qualitative and quantitative methods: consensus is easier to obtain when the interpretation put forward favours authors and copyright holders. This analytical therapy of the CJEU case law conducted with high academic rigour and love (or should I say empathy) is a must-read for anyone with an interest in EU harmonisation, policy making and copyright."" - Sophie Stalla-Bourdillon, Professor of Information Technology Law and Data Governance, University of Southampton ""In this systematic, statistically informed, account of the decisions of the CJEU in the field of copyright, Eleonora Rosati analyses the Court's central role in deepening harmonization of copyright law in the EU and lays bare the reasoning that underpins that approach."" - Professor Lionel Bently, Herchel Smith Professor of Intellectual Property, University of Cambridge ""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."" - Maciej Szpunar, First Advocate General at the Court of Justice of the EU ""This book makes an important contribution to the literature, as Advocate General Maciej Szpunar (CJEU) explains in the forward ... The writing style enables the complexities of EU Copyright issues to be understood, providing clarity to a challenging area of law with rigour and ease."" -- Hayleigh Bosher, The 1709 Blog"

Author Information

Eleonora Rosati, Associate Professor in Intellectual Property Law, Southampton Law School An Italian-qualified lawyer (avvocato), Dr Eleonora Rosati is a tenured associate professor in intellectual property law at the University of Southampton (UK) and an editor of the Journal of Intellectual Property Law & Practice (Oxford University Press). Eleonora regularly advises clients in the creative and technology sectors as a policy consultant under the umbrella of her own e-LAWnora consultancy and as door tenant at specialist intellectual property set 8 New Square in London. She has authored numerous contributions on intellectual property issues, and also contributes to specialist blogs The IPKat and The 1709 Blog, for which she has written nearly 1,000 posts. Further information is available at www.elawnora.com.

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