Copyright and the Court of Justice of the European Union

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.

Eleonora Rosati, Professor of Intellectual Property Law, Stockholm University

Eleonora Rosati is Full Professor of Intellectual Property Law and Director of the Institute for Intellectual Property and Market Law at Stockholm University. She is also Of Counsel at Bird & Bird and holds visiting/guest professorships at Católica in Lisbon and CEIPI in Strasbourg. A long-standing contributor to award-winning IP blog The IPKat and Editor of the Journal of Intellectual Property Law & Practice (Oxford University Press), Eleonora is the author of several scholarly articles and books on intellectual property (IP) and copyright issues. She has received multiple accolades and prizes for her work in the IP field and regularly contributes to the work of IP-focused international and EU institutions, organizations, and offices.

Acknowledgments to the Second Edition
Foreword to the Second Edition, First Advocate General Maciej Szpunar (Court of Justice of the European Union)
Foreword to the First Edition, First Advocate General Maciej Szpunar (Court of Justice of the European Union)
Abbreviations
Figures and Tables
Main International and EU Legislation
Case Law
Introduction to the Second Edition
Part I EU Harmonization and the Functioning of the CJEU
1. EU Copyright Harmonization and CJEU Role and Action
2. Standards Applied in CJEU Copyright Jurisprudence: A Data-Based Case Law Analysis
Part II Beyond the Law? A CJEU-Made Copyright System
3. Towards Less Flexibility: Harmonization Techniques, EU Supremacy, and the Doctrine of EU preemption
4. Requirements for Protection of Works and Other Subject-Matter
5. The 'High Level of Protection' of Exclusive Rights
6. Exceptions and Limitations in the EU Copyright System: From 'Derogations' to 'User Rights'
7. The Framework for Enforcing Copyright and Related Rights
Part III The Legacy of the CJEU
8. UK Copyright Post-Brexit: The Perduring Legacy of CJEU Case Law
9. CJEU Case Law and the Interplay with Policy and Legislative Action in the Digital Single Market
Conclusion - Copyright and the CJEU: Role, Action, Legacy
References