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Copyright and the Court of Justice of the European Union
Stockholm University, Faculty of Law, Department of Law.ORCID iD: 0000-0002-7357-5978
Number of Authors: 12026 (English)Book (Refereed)
Abstract [en]

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. It remains the only book completely devoted to such case law. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the ‘extremely profound analysis … of EU copyright protection and relevant Court of Justice decisions’ finding that it constituted ‘uncharted territory, unveiling new information, perhaps never considered, even by members of the Court’. Building on the second edition (2023), this edition highlights the increasingly prominent and substantive ​r​ole of the EU Charter of Fundamental Rights in copyright case law: as ​the CJEU​ and its Advocates General continue to consider its rights and freedoms, national courts are ​also increasingly referring questions that directly engage with copyright legislation through the lens of the EU Charter rights and interests. The book further explains the meaning of key judgments released since 2023 and touching upon multiple aspects, including: copyright subsistence and infringement test; direct effect of EU copyright legislation; exceptions and limitations, including the substantial abandonment of the standard of their strict interpretation in favour of ensuring their effectiveness (also to conform to the EU Charter); and Member States’ freedom to give effect to 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.

Place, publisher, year, edition, pages
Oxford: Oxford University Press, 2026, 3.
Keywords [en]
CJEU, Copyright, DSM Directive, Enforcement, Exceptions and limitations, Exclusive rights, EU copyright, Fundamental rights, InfoSoc Directive, Intellectual property, UK
National Category
Law
Identifiers
URN: urn:nbn:se:su:diva-255380ISBN: 9780197931516 (print)OAI: oai:DiVA.org:su-255380DiVA, id: diva2:2059860
Available from: 2026-05-13 Created: 2026-05-13 Last updated: 2026-09-03

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Rosati, Eleonora

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CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf