Table of Contents

EU Copyright Law

EU Copyright Law

A Commentary

Elgar Commentaries series

Edited by Irini A. Stamatoudi and Paul Torremans

Presenting a comprehensive and up to date article-by-article analysis of all EU law in the area of copyright, as well as of the underlying basic concepts and principles, this unique book takes into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. Published as part of the Elgar Commentaries series, it discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective. It is a thorough and in-depth analysis from a team of leading experts in the field, which combines aspects of theory and practice and places copyright in perspective.


Cristiana Sappa

Subjects: law - academic, intellectual property law, law -professional, intellectual property law


The principle of non-discrimination enables authors or artists to start a procedure when they are directly or indirectly treated in a less favourable way than some other creators or performers. This principle as applied to copyright and related rights protection can be analysed under several perspectives. For instance, as to subject matter one could ask why recipes (or fragrances) generally receive no protection, while photography or software do. As to the creators and right holders, one could ask how to justify different rules for private subjects and public bodies. Traditionally the non-discrimination principle is studied in a private international law perspective and the main question afforded by judges and commentators is whether a different treatment based on the nationality of authors and artists can be justified by objective reasons. This work studies only the principle of non-discrimination based on nationality of creators and performers, while the impact of such a principle on different genres of works of art, or on public and private creations will not be analysed. The principle of non-discrimination is rooted in the natural law philosophy. First recognised in the Bill of Rights of the Northern American colonial states and in the French Declarations of Human Rights and Civil Rights of 1789 and1793, it has since been incorporated in nearly all international treaties and conventions on human rights, such as the Universal Declaration of Human Rights (UDHR) and the International Covenants of 1966.

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