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Part front matter for Part III The Legacy of the CJEU
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Published:October 2023
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Following the discussion of CJEU role and action in the preceding two parts, this third and final part is concerned with the impact and, with that, the legacy of its case law in the area of copyright. It does so from two distinct perspectives: the first is how CJEU case law has impacted upon national copyright laws; the second is how existing case law has influenced policy discourse around EU copyright and resulting legislative reforms.
The first perspective (the impact of CJEU case law on national copyright systems) is explored from the perspective of UK copyright. Chapter 8—‘UK copyright post-Brexit: the perduring legacy of CJEU case law’—shows how the UK’s tenure as an EU Member State has profoundly changed that country’s copyright system. The impact of CJEU case law remains strong well after the completion of Brexit. More in detail, this chapter explores the extent to which this country’s copyright law has been shaped, not just by EU legislation, but also and most importantly by the CJEU’s interpretation of the EU acquis. Further to an overview of the default changes that the departure from the EU/EEA would have on any Member State, the analysis turns to the UK and the type of relationship that it has shaped with the EU going forward. The discussion subsequently moves on to reviewing the impact of CJEU case law on foundational aspects of UK copyright, including subsistence requirements and subject matter categorization, liability types, standards of infringement, exceptions and limitations, and enforcement (with particular regard to website blocking jurisprudence). More recent domestic case law further shows that, even where UK courts could in principle ‘depart’ from CJEU case law, they have so far refused to do so. All this suggests that, lacking legislative reform, the influence of existing and future CJEU case law will remain very substantial, at least in the short- and medium-term.
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