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
Section I – The law and policy of the EU copyright harmonization project
Chapter 1 – The competence and rationale of EU copyright harmonization
Chapter 2 - Fundamental rights in EU copyright law: An overview
Chapter 3 - The desirability of unification of European copyright law
Section II – Copyright and related rights: when does and should protection arise?
Chapter 4 – The authorial works protectable by copyright
Chapter 5 – The Cofemel revolution – originality, equality and neutrality
Chapter 6 – The new related right for press publishers: what way forward?
Section III – The scope of exclusive rights and liability for the doing of unauthorized acts
Chapter 7 – The right of reproduction
Chapter 8 – The distribution right and its exhaustion
Chapter 9 - The EU right of communication to the public – Still looking for a good link
Chapter 10 – Primary and accessory liability in EU copyright law
Chapter 11 – Proving copyright protection and infringement: lessons from the CJEU
Section IV – The state of copyright exceptions and limitations
Chapter 12 – Quotation under EU copyright law
Chapter 13 – Exceptions as users’ rights?
Chapter 14 - On the wax or wane? The influence of fundamental rights in shaping exceptions and limitations
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
Chapter 17 – The nature and content of the three-step test in EU copyright law: a reappraisal
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
Chapter 21 – Enforcement of European rights on a global scale
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
Chapter 23 – Rationales and litigation strategy of the French government before the CJEU in copyright cases
Chapter 24 – A comparison of the interpretive fingerprint of the CJEU and the US Supreme Court in copyright law
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.