Article-by-Article Commentary to the Provisions of Directive 2019/790
Oxford University Press, 2021
Available on the Oxford University Press website here
In 2019, the EU legislature adopted Directive 2019/790 on copyright in the Digital Single Market. The Directive is supported by a multi-faceted rationale and represents one of the most significant and ambitious EU harmonization efforts in the copyright field so far. This book provides an article-by-article commentary to all the provisions of the Directive. It is the first complete commentary to Directive 2019/790.
By analyzing the history, objectives, and content of each and every provision, as well as the relationship between some of those provisions and between the Directive and the pre-existing acquis, this book provides a rational, consistent and detailed explanation of the Directive as a whole and of its individual contents. This Commentary will be a travel companion to all those who wish or need to navigate the legislative provisions that were adopted in 2019 to make EU copyright fit for the "digital single market".
"It is hard not to express satisfaction that, thanks to Professor Rosati's efforts, legal practitioners will have at their disposal an excellent tool to assist them in applying the DSM Directive. I also have no doubt that this Commentary will make a significant contribution to scientific research into problems pertaining to copyright protection in the digital era."
- First Advocate General Szpunar
Reviews for Copyright in the Digital Single Market. Article-by-Article Commentary to the Provisions of Directive 2019/790
Sir Richard Arnold, Lord Justice of Appeal, Court of Appeal of England and Wales: "This is Rosati’s third book on EU copyright law in only eight years. During that time, she has established herself as one of the leading experts on EU copyright law. Her standing is illustrated by the fact that, for the second time, Advocate General Szpunar has contributed a complimentary Foreword. As those familiar with her writings would expect, her commentaries are authoritative and insightful, grounded in her mastery of the existing acquis as well as the history and text of the legislation and academic commentary. The strengths of her exposition are illustrated by the commentary to Article 17, probably the most controversial and difficult to interpret Article in the whole Directive, which is a tour de force running to 59 pages. Rosati not only sheds as much light as is humanly possible on the tortuous provisions of Article 17, but she also set out a persuasive analysis of how it relates to the existing acquis, in particular Article 3 of the Information Society Directive as it has been interpreted by the CJEU, and why this matters." (2021, 16(11) Journal of Intellectual Property Law & Practice 1288)
Dr Hayleigh Bosher, Brunel University of London: "Professor Eleonora Rosati is renowned as the leading EU copyright expert and from this commentary it is clear why. No one else could have written this book, and certainly not to this standard. It is a detailed and exhaustive vade mecum for those engaging with the provisions of the DSM Directive, and it goes without saying then that it would be of interest to both academics and practitioners, including legislators and courts across the EU with an interested in EU copyright harmonisation, reform and the DSM Directive." (2022, The IPKat and International and Comparative Law Quarterly)