Copyright Law of the European Union

2009 ◽  
Author(s):  
Arun Krishnan
Keyword(s):  
European Union ◽  
Copyright Law ◽  
The European Union

Relevance of EU Copyright Law to (Future) Non-EU Member States

2019 ◽  
pp. 173-198
Author(s):  
Eleonora Rosati
Keyword(s):  
European Union ◽  
Case Law ◽  
Copyright Law ◽  
The European Union ◽  
Eu Member States ◽  
Exceptions And Limitations ◽  
Eu Copyright Law ◽  
Eu Directives ◽  
The Uk ◽  
The Impact

This chapter discusses the impact of CJEU copyright case law on national copyright regimes, even beyond the wording of EU directives as transposed into national legal systems. To this end, it focuses on the UK and, following a discussion of what immediate changes the departure from the EU and the EEA (Brexit) would have (also with regard to issues of exhaustion), it explores to what extent case law of the Court of Justice of the European Union (CJEU) has changed UK copyright law. EU decisions have had an impact in areas such as: copyright subsistence, subject matter categorization, primary/accessory liability, standard of infringement, exceptions and limitations, and enforcement (with particular regard to website blocking jurisprudence). Overall, this chapter shows the legacy of CJEU case law, and how pervasive the impact of such case law is.

2. Copyright

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
European Union ◽  
Public Interest ◽  
Copyright Law ◽  
Substantial Part ◽  
The European Union ◽  
Dramatic Works ◽  
Sound Recordings ◽  
Fair Dealing ◽  
The Public ◽  
Musical Works

This chapter defines copyright as arising whenever a work is created under qualifying conditions. The Copyright, Designs, and Patents Act 1988 (CDPA) defines eight types of work that fall under two categories: works that must be original or ‘authorial works’, including literary works, dramatic works, musical works, and artistic works; and works that need not be original or ‘entrepreneurial works’: films, sound recordings, broadcasts, and the typographical arrangement of published editions. Copyright is infringed by copying or communicating the whole or a substantial part of a work—referred to as primary infringement—or by dealing in infringing copies of a work-referred to as secondary infringement. There are some major and many minor defences to copyright infringement including the ‘fair dealing’ defences and the public interest. Many aspects of copyright law have been harmonized by the European Union.

scholarly journals An Autonomous EU Functionality Doctrine for Shape Exclusions

2020 ◽  
Vol 69 (6) ◽  
pp. 567-577
Author(s):  
Uma Suthersanen ◽  
Marc D Mimler
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Public Interest ◽  
Subject Matter ◽  
Trade Mark ◽  
Copyright Law ◽  
Property Law ◽  
The European Union ◽  
Court Of Justice ◽  
Functionality Doctrine

Abstract Exclusionary subject matter are often underpinned by public interest considerations. In the case of shapes of products, the Court of Justice of the European Union has aligned the interpretation of the relevant exclusionary provisions within design and trade mark laws. More recently, European jurisprudence within copyright law in relation to conditions of protection has imported the same considerations so as to regulate the protection of shapes of products. This article explores the multitude of doctrinal and policy reasons underpinning shape exclusions and argues that the Court is consciously creating an EU autonomous functionality doctrine within intellectual property law. We also argue that the Court is building a European macro-rationale within these laws namely to ensure that protection does not unduly restrict market freedom and competition.

scholarly journals The EU Copyright Directive as Compared to US Copyright Law and its Implication for Libraries

2006 ◽  
Vol 34 (2) ◽  
pp. 246-266
Author(s):  
Marco Marandola
Keyword(s):  
United States ◽  
European Union ◽  
United States Of America ◽  
The United States ◽  
Copyright Law ◽  
The European Union ◽  
European Union Directive ◽  
Union Directive ◽  
Copyright Directive ◽  
The Eu

This article aims at analyzing the relations and differences between the United States of America Copyright Law and the European Union Directive 2001/29/CE and how they affect the management of protected work in the libraries.

scholarly journals Os Métodos de Controle da Utilização da Obra Protegida por Direitos de Autor

2021 ◽  
Vol 22 (1) ◽  
pp. 19-26
Author(s):  
Iracema Fazio
Keyword(s):  
European Union ◽  
Copyright Law ◽  
Regulatory Framework ◽  
Digital Environment ◽  
The European Union ◽  
Legal Regime ◽  
Protection Measures ◽  
Private Copying

ResumoO objetivo do presente artigo é investigar os métodos de controle de utilização da obra, permitindo assim identificar os atos que restringem a utilização da obra e que são implementados pelas medidas tecnológicas de proteção. Deste modo, o estudo tem o propósito de compreender qual o regime jurídico das medidas tecnológicas de proteção implementado no Digital Millenium Copyright, como também no Marco Regulatório da União Europeia e da Legislação Autoral Brasileira. Assim, pretende-se analisar os impactos deste marco regulatório no regime de utilizações livres, especificamente no que tange ao instituto da cópia privada digital e dos atos de neutralização das medidas tecnológicas de proteção. Palavras-chave: Direito Autoral. Cópia Privada. Ambiente Digital. Medidas Tecnológicas de Proteção. AbstractThe purpose of this article is to investigate methods of controlling the use of the work, thus allowing to identify the acts that restrict the use of the work and that are implemented by technological protection measures. In this way, the study aims to understand the legal regime of technological protection measures implemented in the Digital Millennium Copyright, as well as in the Regulatory Framework of the European Union and the Brazilian Copyright Law. Thus, it is intended to analyze the impacts of this regulatory framework on the free use regime, specifically with regard to the institute of digital private copying and the acts of neutralization of technological protection measures. Keywords: Copyright. Private Copy. Digital Environment. Technological Protection Measures.

scholarly journals Digitizing Scent and Flavor: A Copyright Perspective

2020 ◽  
pp. 347
Author(s):  
Amara Lopez
Keyword(s):  
United States ◽  
European Union ◽  
Intellectual Property ◽  
New Technology ◽  
The United States ◽  
Copyright Law ◽  
The European Union ◽  
Court Of Justice ◽  
Property Space ◽  
Recent Developments

Should the flavor of a cheese fall under copyright protection? The Court of Justice of the European Union recently confronted this question in Levola Hengelo BV v. Smilde Foods. Although the court ultimately denied protection, its reasoning opened many doors for those seeking intellectual property protection for scents and flavors. The court implied that it was the subjective nature of a cheese flavor that bars it from enjoying the protection copyright affords, which begs the question of what would happen if there were a sufficiently objective way to describe a flavor. Recent developments in technology have led to the digitization of scent and flavor. In the intellectual property space, digitization provides a superior means of fixation for scents and flavors but it also threatens to make reverse engineering much easier. This would take away the protection trade secret law affords to scents and flavors. This will undoubtedly push industry leaders to seek more protection from the law. This Note explores how copyright law in the United States and the European Union might handle this new technology and argues that protection should not come in the United States until Congress weighs all considerations and adds a new subject matter category for scents and flavors to the U.S. Copyright Act.

The Combined Effect of Copyright and Restrictive Licensing Provisions

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
European Union ◽  
Intellectual Property Rights ◽  
General Principle ◽  
Copyright Law ◽  
Combined Effect ◽  
Combined Effects ◽  
The European Union ◽  
Community Law ◽  
Software Products ◽  
The Us

This chapter examines the combined effects of copyright and restrictive licensing provisions on the use of software and software products. It begins by discussing the effect that copyright law, in combination with restrictive licensing provisions, may have in relation to software products or services. It then illustrates that from a copyright-centric perspective, the effect often results in an outcome that stands in contradiction to the objectives and social function of copyright law. It then considers the US copyright-misuse doctrine and the ‘function’ of intellectual property rights as actual and potential means (respectively) to regulate the manner by which copyright law may be exercised in this context. It concludes with an examination of the concept of prohibition against abuse of rights in the European Union, and its potential to become a general principle of community law, which may assist courts to mitigate the combined effect of copyright and restrictive licensing provisions.

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