Originality in EU Copyright
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Originality in EU Copyright

Full Harmonization through Case Law

Eleonora Rosati

Full harmonization of the copyright laws of EU Member States has long been a holy grail for copyright lawyers, but with the reality thus far being only limited harmonization resulting from ad-hoc legislative interventions, there are serious questions over the feasibility and indeed desirability of this goal. Notwithstanding, as this book makes eloquently clear, whilst legislative initiatives have been limited, the CJEU has been acting proactively, establishing through its decisional practice the de facto harmonization of an important principle of copyright: the originality requirement.
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Chapter 4: The CJEU goes ahead: The decisions in Murphy, Painer, Football Dataco and SAS

Full Harmonization through Case Law

Eleonora Rosati


The decision of the CJEU in Joined Cases C-403/08 Football Association Premier League Ltd, NetMed Hellas SA, Multichoice Hellas SA v QC Leisure, David Richardson, AV Station plc, Malcolm Chamberlain, Michael Madden, SR Leisure Ltd, Philip George Charles Houghton, Derek Owen and C-429/08 Karen Murphy v Media Protection Services Ltd followed two references from the High Court of Justice of England and Wales, Chancery Division, and the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court), respectively. These were made in the context of proceedings concerning the marketing and use in the UK of decoding devices which gave access to the satellite broadcasting services of a broadcaster, and were manufactured and marketed with that broadcaster’s authorization. They were, however, used outside the geographical area for which they had been issued, thereby disregarding the broadcaster’s will (they are thus referred to as ‘foreign decoding devices’).

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