Assessing the Impact and Reception of the Court of Justice of the European Union Case Law on UK Copyright Law: What Does the Future Hold?
240 Revue Internationale du Droit d'auteur, p. 5-117
Posted: 13 Jan 2019
Date Written: January 1, 2014
This article examines how the CJEU case law has impacted UK copyright law in two main areas: the concept of work and the originality requirement, which also includes the infringement test as it is in part a reflection of the originality requirement (sections 4 and 5). To map the changes, the article first recalls the concepts in UK law pre-Infopaq, in the acquis communautaire and as interpreted by the CJEU (sections 1, 2 and 3). It also sketches the current and potential impact in other areas of UK copyright law and also notes that the CJEU’s impact is not limited only to the UK; notions of copyright law are being changed in many Member States. The article concludes by trying to determine what the future holds for UK copyright law but also for copyright law more generally (section 6). As the Irish copyright act on the points analysed in this article is almost an exact copy of the British copyright act, much of the analysis below is similarly applicable to Irish law.
Keywords: Copyright, United Kingdom, Ireland, European Union, Court of Justice of the EU
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