Book review & discount code: Copyright and the Court of Justice of the European Union

This is a review of the second edition of Copyright and the Court of Justice of the European Union, by PermaKat Professor Eleonora Rosati, who is Full Professor of IP Law at Stockholm University and Of Counsel at Bird & Bird.  

 

This book was voted by readers as the winner of the IPKat’s Book of the Year Award for best copyright book 2023! A launch event for its publication was hosted by UCL’s Institute of Brand and Innovation Law (IBIL), involving a panel discussion of themes from the book with The Rt. Hon. Lord Justice Richard Arnold (Royal Courts of Justice), Professor Uma Suthersanen (Queen Mary University of London), Nicholas Saunders KC (Brick Court Chambers), and chaired by The Rt Hon Professor Sir Robin Jacob (UCL). Readers can watch the recording here. 

New to this second edition of Copyright and the Court of Justice of the European Union is fully updated case law of the CJEU, a new chapter on subsistence requirements, and revised chapters on the legacy of CJEU case law on post-Brexit UK copyright and the interplay between CJEU case law and policy and legislative action in the Digital Single Market. Rosati explains in the introduction “a lot has happened in the EU copyright field since 2019. All this has warranted a new edition of the book, which is significantly longer than - and hopefully a substantial improvement on – the 2019 edition.”

The goal of the book is to “provide readers with a sense of direction of EU copyright case law.” It achieves this in three parts, with nine chapters jam packed with detailed and comprehensive analysis on the role of the CJEU, its vision and its legacy.

Part One focuses on the role of the CJEU as an EU institution. Chapter one begins with an overview of the EU harmonisation project, and discusses the composition, role and functioning of the Court. It then provides a table of 109 copyright decisions, pointing to the case names, dates, and areas of law. These cases form the basis of data analysis on the activity of the Court such as number of referrals, referring countries, the judiciary personnel, as well as cases decided with or without AG Opinions and analyses the importance of those Opinions in Court decisions. Chapter two focuses on the standards employed in CJEU case law, undertaking detailed statistical analysis to demonstrate the drivers that contribute to the approach of the Court. 

Part Two informs us on the action and vision of the CJEU in four key areas. There are five chapters in this part, beginning with chapter three which outlines a clear trend that has emerged at the level of CJEU case law over the past several years [no spoilers!]. Chapter four covers the requirements for protection, chapter five the construction of exclusive rights, chapter six exceptions and limitations, and chapter seven enforcement.

The third part then turns to the legacy of the CJEU. Chapter eight discusses the impact of CJEU case law on national copyright regimes and in particular focuses on the UK as a former Member State. As Rosati explains “prior to the completion of Brexit, the UK courts relied upon and applied CJEU case law and, in doing so, changed their approaches to key concepts… As of today, no departure has yet occurred from CJEU case law,” emphasising that whilst a clean break from EU copyright law may be possible in principle it is “hardly realistic / feasible in a short – or even medium – term” without statutory amendments. 

Lastly, chapter nine considers recent copyright reform initiatives. It focuses on selected provisions in the DSM Directive and reflects on the relevance of CJEU case law to the EU copyright reform discourse.

This book is essential reading for any researchers and practitioners engaging with EU copyright law. As Advocate General Maciej Szpunar says in the foreword 

This extremely profound analysis by Professor Rosati of EU copyright protection and relevant Court of Justice decisions constitutes unchartered territory, unveiling new information, and presenting ideas, which will serve academics and practitioners.

Readers can benefit from a 30% discount using the code ALAUTHC4 on the OUP website.

Details

Publisher: Oxford University Press

Available in Hardback and Ebook

Extent: 512 Pages

ISBN: 9780198885580