Copyright and the Court of Justice of the European Union, 3rd edition
Oxford University Press, 2026
Available on the Oxford University Press website here
First released in early 2019 and now in its third edition, Copyright and the Court of Justice of the European Union has become a leading resource for unpacking the extensive and complex case law of the Court of Justice of the European Union (CJEU) in the copyright field.
This new edition, up to date with the most recent and relevant case law and key judgments since 2023, considers the increasingly prominent and substantive role of the EU Charter of Fundamental Rights in copyright case law. The book also addresses a wide range of doctrinal and practical issues, including copyright subsistence and the test for infringement; the direct effect of EU copyright legislation; and the evolving approach to exceptions and limitations, most notably, the move away from their strict interpretation towards ensuring their effectiveness, in line with the Charter. It further examines the scope of Member States' discretion in implementing international norms.
Thoroughly revised, this edition offers new insights into the CJEU's evolving approach and its implications for the present and future of EU copyright.
Reviews for Copyright and the Court of Justice of the European Union, 2nd edition
- Maciej Szpunar, First Advocate General at the Court of Justice of the European Union (from the Foreword to the book): "This extremely profound analysis by Professor Rosati of EU copyright protection and relevant Court of Justice decisions constitutes uncharted territory, unveiling new information, and presenting ideas, which will serve academics and practitioners, including members of the Court, such as myself, alike. 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 second edition of 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 role of the Court of Justice."
- Sir Richard Arnold, Lord Justice of Appeal, Court of Appeal of England and Wales: "Professor Eleonora Rosati is one of the leading commentators on EU copyright law in general, and the decisions of the Court of Justice of the European Union in that field in particular. She is also incredibly prolific: this is her third book in only four years, during which time she has also published a considerable number of articles and blogposts, as well as editing this journal, helping run the IPKat blog and teaching at the University of Stockholm and elsewhere. I describe it as her third book because, although it is a second edition of the book she published in 2019, this is no mere updating, but a substantial rewrite. Whereas the first edition ran to 273 pages, the second runs to 441 pages. Rosati has not merely extended, but further deepened, her engagement with the case law. Furthermore, she has had the satisfaction of finding that the CJEU’s judgments since the first edition have largely confirmed the correctness of her analysis [...] Inevitably, readers who are familiar with Professor Rosati’s writings which will find much here that they recognise, but the book remains an impressive synthesis. It should be high on the reading list of any serious copyright lawyer in both the EU and the UK, including those who have read the first edition."
- Hayleigh Bosher, Reader, Brunel University of London: "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. [...] This book is essential reading for any researchers and practitioners engaging with EU copyright law."
- Annaliese Wren, PhD Candidate, University of Bristol: "[W]hile this work is primarily doctrinal in nature, assessing CJEU case law and AG Opinions, it also incorporates statistical analysis to identify trends within the Court’s judgments. In the ever-changing landscape of European copyright law, a comprehensive understanding of its intricate dynamics is paramount. In providing a clearly written guide to the role of the CJEU in those dynamics, Copyright and the Court of Justice of the European Union makes a valuable and insightful contribution to the field of European Intellectual Property scholarship. It will be useful for those seeking a deeper understanding of the role of the CJEU in the context of EU copyright law, the evolving EU landscape, and the interplay between legal frameworks and judicial decisions."
