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.

Chapter 22: CONCLUSION

Edited by Irini A. Stamatoudi and Paul Torremans

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

Extract

The obvious starting point for a conclusion is that the EU has already dealt with copyright in an extensive way. Initially, these interventions dealt with new technological developments such as software and databases, where it was important to introduce new legislation in a harmonised, rather than a disharmonised way. What followed were interventions to iron out existing differences in national copyright rules that risked disturbing the operation of the single market. One thinks of the term of copyright and the approach to photographs. Another example is the artists' resale right that was extended to all EU Member States. A third group of interventions reflects what happened in the international arena. After the conclusion of the TRIPs Agreement there was a real need to equip right holders and judges with efficient and streamlined tools to enforce copyright. And the WCT and the WPPT needed to be transposed into EU and national law. As these waves of interventions came along, the approach changed from vertical interventions that dealt with a specific issue to more horizontal interventions that apply across the board. One thinks for example of the term of copyright for the first group and for the exceptions and limitations for the second group. In tandem with all these interventions the Court of Justice of the European Union (CJEU) developed an extensive case law that implemented the rules on free movement of goods and competition in copyright related cases.

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