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Contents
- Preliminary Material
- Dedication
- Foreword to the first edition by First Advocate General Maciej Szpunar
- Foreword to the second edition by First Advocate General Maciej Szpunar
- Acknowledgements to the second edition
- Summary contents
- Detailed contents
- List of figures and tables
- Table of case law
- Table of main international and EU legislation
- List of abbreviations
- Main Text
- Introduction to the second edition
- Part I EU Harmonization and the Functioning of the CJEU
- Preliminary Material
- 1 EU copyright harmonization and CJEU role and action
- Preliminary Material
- Introduction
- 1 The EC/EU copyright harmonization project
- 2 EU copyright policy- and law-making: From the early days to the revamped agenda of the 2010s/early 2020s
- 3 The CJEU
- 4 The copyright cases: CJEU activity at a glance
- Conclusion
- 2 Standards applied in CJEU copyright jurisprudence: A data-based case law analysis
- Preliminary Material
- Introduction
- 1 Standards employed in CJEU copyright case law
- 2 Guarantee of a ‘high level of protection’
- 3 Autonomous concepts of EU law
- 4 Effectiveness
- 5 Proportionality
- 6 Fair balance of different rights and interests
- 7 Interpretation in light of international instruments
- 8 Interpretation in light of the wording and context of provisions
- 9 Interpretation in light of the objectives pursued by the legislation at issue
- 10 Interpretation in light of fundamental rights as guaranteed by the EU Charter
- 11 Preventive nature of exclusive rights
- 12 Strict interpretation of exceptions and limitations
- 13 Data-based case law (DBCL) (with Carlo Maria Rosati, MD)
- Conclusion
- Part II Beyond the Law? A CJEU-Made Copyright System
- Preliminary Material
- 3 Towards less flexibility: Harmonization techniques, EU supremacy, and the doctrine of EU pre-emption
- Preliminary Material
- Introduction
- 1 Supremacy and pre-emption of EU law
- 2 Harmonization techniques and Member States’ discretion
- 3 Supremacy and pre-emption in CJEU copyright case law
- 3.1 Pre-emption through the standard of autonomous concepts of EU law
- 3.2 Pre-emption through the internal market-building rationale of the copyright acquis
- 3.3 Pre-emption of national initiatives in light of the overall EU harmonization project
- 4 Consequences of incorrect transpositions of EU directives
- Conclusion
- 4 Requirements for protection of works and other subject matter
- Preliminary Material
- Introduction
- 1 The de facto full harmonization of ‘originality’ and ‘work’ in CJEU case law
- 2 Article 14 of the DSM Directive
- 3 Protection under related rights
- Conclusion
- 5 The ‘high level of protection’ of exclusive rights
- Preliminary Material
- Introduction
- 1 Right of reproduction
- 2 Right of communication/making available to the public
- Communication/making available to the public in the online environment—
- International and EU right—
- Views on CJEU communication to the public case law—
- 2.1 ‘Act of communication’
- 2.2 ‘Public’ and ‘new public’
- 2.3 Other non-autonomous, interdependent criteria
- 2.4 Communication to the public and linking
- 2.5 Communication to the public and platform liability
- Broader application of harmonized primary/direct liability regime—
- Concerns—
- 2.5.1 Stichting Brein, C-610/15
- 2.5.2 YouTube, C-682/18 and C-683/18
- 2.5.3 Unavailability of hosting safe harbour for operators of internet platforms directly performing copyright-restricted acts
- 2.5.4 Article 17 of the DSM Directive
- 3 Right of distribution and its exhaustion
- 3.1 Concept of ‘distribution’
- 3.2 Scope of the right: Exhaustion
- Specificities of the InfoSoc Directive—
- 3.2.1 Rationale of exhaustion
- 3.2.2 Digital exhaustion under the Software Directive: UsedSoft, C-128/11
- 3.2.3 Digital exhaustion under the InfoSoc Directive before Tom Kabinet, C-263/18
- 3.2.4 Lack of digital exhaustion under the InfoSoc Directive: Tom Kabinet, C-263/18
- 4 Exclusive rights in databases
- 5 Exclusive rights in software
- Conclusion
- 6 Exceptions and limitations in the EU copyright system: From ‘derogations’ to ‘user rights’
- Preliminary Material
- Introduction
- 1 Exceptions and limitations in Article 5 of the InfoSoc Directive
- 2 Shaping exceptions and limitations through CJEU case law
- 2.1 Parody as an autonomous concept of EU law
- 2.2 Quotation as ‘dialogue’
- 2.3 Constrained freedom: Private copying
- Recital 35—
- 2.3.1 Fragmented state of private copying across the EU
- 2.3.2 CJEU case law on selected issues relating to private copying
- 2.4 Exceptions and limitations beyond the catalogue of Article 5
- 3 From optional to mandatory exceptions and limitations: The case of the DSM Directive
- 4 Exceptions and limitations as ‘rights’ of users
- Conclusion
- 7 The framework for enforcing copyright and related rights
- Preliminary Material
- Introduction
- 1 Safe harbour immunities
- 2 Intermediary injunctions
- ‘Best placed’—
- 2.1 Broad notion of ‘intermediary’
- 2.2 Injunctions may be aimed at repressing existing infringements and preventing further infringements
- 2.3 Injunctions must comply with various legislative sources and standards
- 2.4 Blocking injunctions are allowed under EU law
- 2.5 An intermediary may be primarily (directly) liable together with users of its services
- 3 Enforcement issues
- 4 Cross-border disputes
- 4.1 International jurisdiction in online infringement cases
- 4.2 Applicable law
- 4.3 Extraterritorial injunctions
- Conclusion
- Part III The Legacy of the CJEU
- Preliminary Material
- 8 UK copyright post-Brexit: The perduring legacy of CJEU case law
- Preliminary Material
- Introduction
- 1 Default consequences of a country’s departure from the EU/EEA
- 2 Brexit means …
- 3 Requirements of protection
- 4 Standards of prima facie infringement
- 5 Exceptions and limitations
- 6 Intermediary injunctions in the UK experience
- Conclusion
- 9 CJEU case law and the interplay with policy and legislative action in the Digital Single Market
- Preliminary Material
- Introduction
- 1 Article 14 and the codification of CJEU case law on originality
- 2 Article 17 between continuity and change
- 3 Understanding the scope of protection of Article 15: Very short extracts and acts of hyperlinking
- 4 ‘Erasing’ CJEU case law: Compensation for private copying in Article 16
- 5 ‘Steering’ CJEU case law: Author principle, out-of-commerce works, and collective licences with an extended effect
- Conclusion
- Conclusion—Copyright and the CJEU: Role, action, legacy
- Further Material