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Griffiths, Jonathan --- "Taking power tools to the acquis – the Court of Justice, the Charter of Fundamental Rights and European Union copyright law" [2018] ELECD 909; in Geiger, Christophe; Nard, A. Craig; Seuba, Xavier (eds), "Intellectual Property and the Judiciary" (Edward Elgar Publishing, 2018) 144

Book Title: Intellectual Property and the Judiciary

Editor(s): Geiger, Christophe; Nard, A. Craig; Seuba, Xavier

Publisher: Edward Elgar Publishing

ISBN: 9781788113076

Section: Chapter 4

Section Title: Taking power tools to the acquis – the Court of Justice, the Charter of Fundamental Rights and European Union copyright law

Author(s): Griffiths, Jonathan

Number of pages: 31

Abstract/Description:

Copyright law is only partially harmonised in the European Union. Over the last few years, however, the Court of Justice has begun to develop a more fully articulated body of copyright rules. In doing so, it has increasingly been guided by the apparent requirements of the Charter of Fundamental Rights, a development described by some as ‘constitutionalisation’. This chapter sketches this process and considers how far it might be carried. Could it lead to (i) a more fully harmonised set of exceptions and limitations at Union level or (ii) the recognition of additional rights for authors and other right-holders?