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.


Jan Rosén

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


The Council Directive 93/83/EEC on satellite broadcasting and cable retransmission (the Directive) has a certain and quite limited ambit, namely to fosterpan-European broadcasting services by facilitating satellite broadcasting and cable retransmission of radio and television programmes. The Directive is a counterpart to the Television without Frontiers Directive of 1989, which has similar objectives with respect to clearing barriers in the field of broadcasting and advertising law, but which has nothing to say about copyright matters. Also, several provisions of this Directive are closely interrelated to the norms and achieved goals of Directive 92/100 on rental and lending. Further, Directive 2001/29 on copyright in the information society has eventually effectively harmonised all economic rights with respect to acts of public communication 'by wire or by wireless means', whereby Article 3 of that Directive encompasses not only broadcasting, but also cablecasting, cable retransmission and webcasting. As indicated in Article 14(3) of the Directive the Commission had the duty to evaluate the Directive in a report no later than 1 January 2001, what was actually effectuated on 26 July 2002. The report goes beyond an analysis of the implementation process and examines also the practical application of the Directive, thus an important part of the sources to this commentary. The CJEU found in the SGAE case [30]5 that this Directive called for minimum harmonisation, as it had already stated in the CJEU case Egeda, [17].

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