Originality in EU Copyright
Edward Elgar, 2013
Available on the Edward Elgar website
A revised and extended version of Eleonora Rosati's PhD thesis was published as a monograph by Edward Elgar in late 2013 with the title Originality in EU Copyright. Full Harmonization through Case Law.
The book explores the recent past of copyright harmonization in the European Union (EU), analyzes the increasingly topical role of the Court of Justice of the European Union (CJEU) in harmonizing core aspects of the copyright laws of Member States, and attempts to predict the future of EU copyright.
Reviews for Originality in EU Copyright
- Trevor Cook, Partner at WilmerHale: “guid[ing] us expertly through the controversial area of originality, a concept which lies at the very foundation of copyright law, but which has never before been analysed in any depth as a topic in its own right.”
- Jeremy Phillips, Founder of The IPKat and the Journal of Intellectual Property Law and Practice (OUP), Queen Mary, University of London): “If nothing else, this book should be compulsory reading for the judges belonging to the CJEU, so that they can see what they've done. It will also be compulsive reading for lovers of certain basic copyright concepts and who want to know what "originality" really means.”
- Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers: “Meticulously and extensively footnoted (a boon to researchers) this book explores virtually all aspects of originality in EU copyright, including insights into the way the legal understanding of this concept has changed over time and may well change further in the direction of evolving a truly harmonized EU copyright law, however feasible and/or desirable that may be.”
- Catherine Pocock, Queen Mary Journal of Intellectual Property: "In providing a clear explanation of the decisions and their interpretations, this contribution stands out as an excellent tool for understanding EU harmonization of copyright amidst an academic debated on whether and how this harmonization should occur."
- The Hon Mr Justice Richard Arnold, High Court of Justice of England and Wales: "As Rosati explains, the approach taken by the CJEU in its case law also has profound implications for current harmonisation projects such as the Wittem Group’s European Copyright Code and more generally for the future of EU copyright law. Any future legislation about protectable subject matter and the criteria for protection has to be framed with this case law in mind. Rosati has made a valuable contribution to the study of European copyright law."
- Philip Leith, Queen’s University of Belfast: “Rosati’s text is both a readable and useful review of where we are in copyright at present, combined with a strong argument that we are on the ‘right road’. Her thesis is that copyright is in a mess due to the conflicting approaches in the various European jurisdictions; that a coherent structure should be imposed upon this; and that this is already being carried out by the judiciary at the CJEU. This text is a reworking of her PhD thesis, but the quality of writing is certainly above that of the typical dissertation.”
- Irini Stamatoudi, Hellenic Copyright Organisation: "The text has been well drafted and documented, the legal analysis is sound and competent and the author manages to provide useful insights into UK and US law. She also manages to put her subject in perspective, taking into account the inevitable policy issues, which, however, could be extended to what the actual role of the [Court of Justice of the European Union] is in the much-debated EU copyright harmonisation. I strongly recommend reading this book."
