'This book guides 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. Originality has however now become a hot topic, given the controversial recent case law of the EU Court of Justice on it, and the manner in which some national courts in the EU are seeking to apply it, which makes this book especially timely.' - Trevor Cook, Bird & Bird LLP, UK 'This 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 is in the much-debated EU copyright harmonisation. I strongly recommend reading this book.' - Irini Stamatoudi, European Intellectual Property Review Full harmonization of the copyright laws of EU Member States has long been a holy grail for copyright lawyers, but with the reality thus far being only limited harmonization resulting from ad-hoc legislative interventions, there are serious questions over the feasibility and indeed desirability of this goal. Notwithstanding, as this book makes eloquently clear, whilst legislative initiatives have been limited, the CJEU has been acting proactively, establishing through its decisional practice the de facto harmonization of an important principle of copyright: the originality requirement. Through an assessment of the originality requirement, this work guides the reader in interpreting judicial decisions which are of fundamental importance to current and future understanding of EU copyright. The book's holistic approach and methodology takes in analysis of; recent decisions of the CJEU in light of broader EU copyright reform debate; the implications of CJEU case law in Member States which have traditionally adopted different approaches to copyright (eg the UK); the originality requirement in EU, UK and continental Member States; recent UK decisions from an EU perspective; and academic copyright reform projects, both in Europe and the US. Originality in EU Copyright will appeal to academics, policymakers and EU officers, students, practitioners and in-house counsels. Contents: Foreword Table of Cases (in Chronological Order) Table of EU/EC/EEC Legislation (in Chronological Order) Table of EU/EC Policy Documents (in Chronological Order) Introduction 1. The Challenges of EU Copyright: 'United in Diversity' - Does it Work? 2. Originality as a Policy Tool: Shaping the Breadth of Protection 3. Originality in a Work, or a Work of Originality: The Effects of the Infopaq Decision 4. The CJEU Goes Ahead: The Decisions in Murphy, Painer, Football Dataco and SAS 5. Challenging the UK Understanding of Copyright: Originality and Subject-matter Categorization at the Forefront of the Debate 6. The Future of Copyright at the EU Level: The Shape of Harmonization Bibliography Index

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.

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.

First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'. The new edition captures all the significant developments in EU copyright law that have occurred since 2019. Aside from macro-events such as the UK's now completed departure from the EU and the adoption of the Digital Single Market Directive (2019/790), seminal judgments have been issued by the CJEU which touch upon all the main foundational aspects of EU copyright. This book is structured in three parts. The first part is about the role of the CJEU as an EU institution. Following a discussion of the impact of CJEU interpretation of EU copyright provisions (notably their pre-emptive effect on individual EU Member States' freedom), the second part is concerned with CJEU action and vision in respect of four key areas of copyright and related rights: the requirements for protection, construction of exclusive rights, exceptions and limitations, and enforcement. The final part focuses on the legacy of CJEU case law broadly intended, having regard to both individual countries' copyright laws (specifically: the UK) and recent EU copyright reform discourse, notably in the context of the DSM Directive. Timely and engaging, Copyright and the Court of Justice of the European Union provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.

Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.

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".

Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.