The Routledge Handbook of EU Copyright Law  book cover
1st Edition

The Routledge Handbook of EU Copyright Law

Edited By

Eleonora Rosati

ISBN 9780367436964
Published April 22, 2021 by Routledge
550 Pages 14 B/W Illustrations

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Book Description

The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States.

This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization.

With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.

Table of Contents

Preface – 30 years of EU copyright law

Eleonora Rosati

Section I – The law and policy of the EU copyright harmonization project

Chapter 1 – The competence and rationale of EU copyright harmonization

Ana Ramalho

Chapter 2 - Fundamental rights in EU copyright law: An overview

Tito Rendas

Chapter 3 - The desirability of unification of European copyright law

Tatiana-Eleni Synodinou

Section II – Copyright and related rights: when does and should protection arise?

Chapter 4 – The authorial works protectable by copyright

Justine Pila

Chapter 5 – The Cofemel revolution – originality, equality and neutrality

Marianne Levin

Chapter 6 – The new related right for press publishers: what way forward?

Silvia Scalzini

Section III – The scope of exclusive rights and liability for the doing of unauthorized acts

Chapter 7 – The right of reproduction

Caterina Sganga

Chapter 8 – The distribution right and its exhaustion

Ole-Andreas Rognstad

Chapter 9 - The EU right of communication to the public – Still looking for a good link

Justin Koo

Chapter 10 – Primary and accessory liability in EU copyright law

Christina Angelopoulos

Chapter 11 – Proving copyright protection and infringement: lessons from the CJEU

Julien Cabay

Section IV – The state of copyright exceptions and limitations

Chapter 12 – Quotation under EU copyright law

Stavroula Karapapa 

Chapter 13 – Exceptions as users’ rights?

Maurizio Borghi

Chapter 14 - On the wax or wane? The influence of fundamental rights in shaping exceptions and limitations

Sabine Jacques

Chapter 15 – Artificial intelligence and text and data mining: a copyright carol

Alain Strowel and Rossana Ducato

Chapter 16 – The treatment of humour in US copyright law with a comparative glance at the EU

Bill Patry

Chapter 17 – The nature and content of the three-step test in EU copyright law: a reappraisal

Daniël Jongsma

Section V – Copyright enforcement: the technological and cross-border dimensions

Chapter 18 – Website blocking under EU copyright law

Jan Bernd Nordemann

Chapter 19 – Location, location, location! Copyright content moderation at non-content layers

Sebastian Felix Schwemer

Chapter 20 – Jurisdiction and choice of law in online copyright cases

Lydia Lundstedt

Chapter 21 – Enforcement of European rights on a global scale

Giancarlo Frosio

Section VI – The Court of Justice of the European Union

Chapter 22 – The multifaceted influence of the Advocates General on the Court of Justice’s copyright case law: legal secretaries, literature and language

Estelle Derclaye

Chapter 23 – Rationales and litigation strategy of the French government before the CJEU in copyright cases

Daniel Segoin

Chapter 24 – A comparison of the interpretive fingerprint of the CJEU and the US Supreme Court in copyright law

Frederic Blockx

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Eleonora Rosati is Professor of Intellectual Property Law and Director of the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University, Guest Professor at CEIPI-University of Strasbourg, Research Associate at EDHEC Business School, Associate of CIPIL-University of Cambridge (UK), and Of Counsel at Bird & Bird.