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Shapiro, Ted --- "DIRECTIVE 2001/29/EC ON COPYRIGHT IN THE INFORMATION SOCIETY" [2019] ELECD 617; in Lindner, Brigitte; Shapiro, Ted (eds), "Copyright in the Information Society" (Edward Elgar Publishing, 2019) 40

Book Title: Copyright in the Information Society

Editor(s): Lindner, Brigitte; Shapiro, Ted

Publisher: Edward Elgar Publishing

Section: Chapter 2

Section Title: DIRECTIVE 2001/29/EC ON COPYRIGHT IN THE INFORMATION SOCIETY

Author(s): Shapiro, Ted

Number of pages: 86

Abstract/Description:

With Directive 2001/29/EC well into its second decade of life on the law books and a raft of Digital Single Market copyright legislation in the offing, the revised chapter on the Directive explores in particular the European Court of Justice's responses to an endless flow of references for preliminary rulings from national courts of the EU. These references touch on nearly every aspect of the Directive with a particular focus on exceptions and the exclusive right of communication to the public. The judgments of the Court of Justice in the field of copyright and in particular in respect of this Directive have had a profound impact across the EU and beyond. Several aspects of the DSM copyright legislative package are a direct response to the Court's jurisprudence. While the Court has quite consistently demonstrated its commitment to European integration, this dedication is often achieved to the detriment of copyright protection.