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Originality in EU Copyright

Full Harmonization through Case Law Eleonora Rosati, Italian-qualified Lawyer and Post-doctoral Research Associate, University of Southampton, UK. Previously, she was a PhD Researcher at the European University Institute, Italy
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.
Extent: 304 pp
Hardback Price: £85.00 Web: £76.50
Publication Date: 2013
ISBN: 978 1 78254 893 5
Availability: In Stock
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  • Law - Academic
  • Intellectual Property Law
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.

Through an assessment of the originality requirement, this work guides the reader in interpreting judicial decisions which are of fundamental importance to current and future understanding of EU copyright. The book’s holistic approach and methodology takes in analysis of; recent decisions of the CJEU in light of broader EU copyright reform debate; the implications of CJEU case law in Member States which have traditionally adopted different approaches to copyright (eg the UK); the originality requirement in EU, UK and continental Member States; recent UK decisions from an EU perspective; and academic copyright reform projects, both in Europe and the US.

Originality in EU Copyright will appeal to academics, policymakers and EU officers, students, practitioners and in-house counsels.
‘Rosati’s text is both a readable and useful review of where we are in copyright at present, combined with a strong argument that we are on the ‘right road’. . . Overall, Rosati’s text provides a very accessible view of the topic. I have some scepticism that harmonization of originality is really the most central problem for the copyright system, but she puts her case across well.’
– Philip Leith, Web Journal of Current Legal Issues

‘. . . this book will have immediate appeal for copyright lawyers, especially those working cross-border in the EU. Academics, students and don’t forget EU officials and policy makers areas will also find it intriguing, even visionary, for it is as much about future possibilities as it is about present realities.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

‘Rosati has made a valuable contribution to the study of European copyright law.’
– Sir Richard Arnold, Journal of Intellectual Property Law and Practice

‘This book guides us expertly through the controversial area of originality, a concept which lies at the very foundation of copyright law, but which has never before been analysed in any depth as a topic in its own right. Originality has however now become a hot topic, given the controversial recent case law of the EU Court of Justice on it, and the manner in which some national courts in the EU are seeking to apply it, which makes this book especially timely.’
– Trevor Cook, Bird & Bird LLP, UK

‘This text has been well drafted and documented, the legal analysis is sound and competent and the author manages to provide useful insights into UK and US law. She also manages to put her subject in perspective, taking into account the inevitable policy issues, which, however, could be extended to what the actual role of the court is in the much-debated EU copyright harmonisation. I strongly recommend reading this book.’
– Irini Stamatoudi, European Intellectual Property Review
Contents: Foreword Table of Cases (in Chronological Order) Table of EU/EC/EEC Legislation (in Chronological Order) Table of EU/EC Policy Documents (in Chronological Order) Introduction 1. The Challenges of EU Copyright: ‘United in Diversity’ – Does it Work? 2. Originality as a Policy Tool: Shaping the Breadth of Protection 3. Originality in a Work, or a Work of Originality: The Effects of the Infopaq Decision 4. The CJEU Goes Ahead: The Decisions in Murphy, Painer, Football Dataco and SAS 5. Challenging the UK Understanding of Copyright: Originality and Subject-matter Categorization at the Forefront of the Debate 6. The Future of Copyright at the EU Level: The Shape of Harmonization Bibliography Index