Copyright and the Court of Justice of the European Union

Inbunden, Engelska, 2023

1 769 kr

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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.

Produktinformation

Utgivningsdatum2023-10-05
Mått164 x 242 x 31 mm
Vikt1 008 g
FormatInbunden
SpråkEngelska
Antal sidor512
Upplaga2
FörlagOUP OXFORD
ISBN9780198885580
UtmärkelserBest Copyright Law Book in the IPKat Book of the Year Awards 2023

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Upphovsrätt inom Juridik
Internationella relationer inom Samhälle och politik

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 EditionFirst Advocate General Maciej Szpunar (Court of Justice of the European Union): Foreword to the Second EditionFirst Advocate General Maciej Szpunar (Court of Justice of the European Union): Foreword to the First EditionAbbreviationsFigures and TablesMain International and EU LegislationCase LawIntroduction to the Second EditionPart I EU Harmonization and the Functioning of the CJEU1: EU Copyright Harmonization and CJEU Role and Action2: Standards Applied in CJEU Copyright Jurisprudence: A Data-Based Case Law AnalysisPart II Beyond the Law? A CJEU-Made Copyright System3: Towards Less Flexibility: Harmonization Techniques, EU Supremacy, and the Doctrine of EU preemption4: Requirements for Protection of Works and Other Subject-Matter5: The 'High Level of Protection' of Exclusive Rights6: Exceptions and Limitations in the EU Copyright System: From 'Derogations' to 'User Rights'7: The Framework for Enforcing Copyright and Related RightsPart III The Legacy of the CJEU8: UK Copyright Post-Brexit: The Perduring Legacy of CJEU Case Law9: CJEU Case Law and the Interplay with Policy and Legislative Action in the Digital Single MarketConclusion - Copyright and the CJEU: Role, Action, LegacyReferences

This extremely profound analysis by Professor Rosati of EU copyright protection and relevant Court of Justice decisions constitutes uncharted territory, unveiling new information, and presenting ideas, which will serve academics and practitioners, including members of the Court, such as myself, alike. 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 second edition of 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 role of the Court of Justice.

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