Copyright and the Court of Justice of the European Union
Oxford University Press, 2019
Available on the Oxford University Press website here
What has been the role and vision of the Court of Justice of the European Union (CJEU) in shaping EU copyright law? What impact and legacy does relevant case law have?
This title focuses specifically on the role, action, and legacy of the CJEU in the field of copyright, also by providing an exclusive survey that covers two decades (1998 - 2018) of decisions in this area of the law.
The main objective of this work is providing readers with a sense of direction of EU copyright case law. In order to achieve this, an attempt of 'tidying up' and rationalizing existing rulings is carried out.
The book contains a foreword by Maciej Szpunar(First Advocate General at the Court of Justice of the European Union).
Reviews for Copyright and the Court of Justice of the European Union
Maciej Szpunar, First Advocate General at the Court of Justice of the EU: "This extremely profound analysis by Professor Rosati of EU copyright protection and relevant CJEU decisions constitutes uncharted territory, unveiling new information, perhaps never considered, even by members of the Court like myself. 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 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 Court of Justice."
Lionel Bently, Herchel Smith Professor of Intellectual Property, University of Cambridge: "In this systematic, statistically informed, account of the decisions of the CJEU in the field of copyright, Eleonora Rosati analyses the Court's central role in deepening harmonization of copyright law in the EU and lays bare the reasoning that underpins that approach."
Bill Patry, Senior Copyright Counsel at Google and author of Patry on Copyright: "Eleonora Rosati is a very gifted scholar with a unique ability to synthesize diverse, complex concepts into easy to understand English. No where is such skill more necessary than in figuring out the CJEU's baffling jurisprudence. This book is a must for everyone."
Lord Justice Richard Arnold, Court of Appeal of England and Wales: "[A]n impressive synthesis. It should be high on the reading list of any serious copyright lawyer in the EU."
Jeremy Phillips, Founder of The IPKat and the Journal of Intellectual Property Law and Practice (OUP): "This volume is the product of the happy conjunction of penetrating scholarship, a meticulous eye for detail, prodigious enthusiasm and unbounded energy. Dr Rosati should be congratulated for her valuable and timely contribution to European copyright literature."
Sophie Stalla-Bourdillon, Professor of Information Technology Law and Data Governance, University of Southampton: "In this thought-provoking book, Eleonora Rosati elegantly unfolds the fil rouge underlying the Court of Justice of the European Union (CJEU) case law in the field of copyright, with a view of painting the CJEU vision and comparing it with those of other EU institutions, in particular the European Commission. The message is clear from the first chapter in which 98 decisions are meticulously dissected using a combination of qualitative and quantitative methods: consensus is easier to obtain when the interpretation put forward favours authors and copyright holders. This analytical therapy of the CJEU case law conducted with high academic rigour and love (or should I say empathy) is a must-read for anyone with an interest in EU harmonisation, policy making and copyright."
Mathilde Pavis, Senior Lecturer in Law, University of Exeter: "This book will be relevant to two different species of lawyers: copyright enthusiasts and EU law specialists (academics and practitioners alike). For its detailed study of the role of the CJEU, this book will also be relevant to anyone interested in the broader questions of statutory interpretation and judicial activism. The clarity of writing makes this book an easy read, even when encountering very technical aspects of the law."
Hayleigh Bosher, Senior Lecturer in Intellectual Property Law, Brunel University of London: "This book makes an important contribution to the literature, as Advocate General Maciej Szpunar (CJEU) explains in the forward ... The writing style enables the complexities of EU Copyright issues to be understood, providing clarity to a challenging area of law with rigour and ease."
Paul Torremans, Professor of Intellectual Property Law, University of Nottingham: "[T]his book is a significant and valuable contribution to the understanding of the contribution of the Court of Justice of the European Union to the development of EU copyright law. It is essential reading for anyone who wants to fully understand that contribution and see a line drawn through the wealth of cases."