Contents

This specialised e-learning course offers a practical overview of the guidelines developed by the CJEU in its preliminary ruling decisions on the EU copyright framework.

The content is structured in ten key questions helping legal practitioners across Europe to understand how these concepts should be interpreted before national courts. On completing the course you will have a good overview of the most relevant issues concerning the EU copyright framework. 

Learning time: 3 hours.

Key questions

• To what extent has the legal concept of literary and artistic work been developed through the case law of the CJEU? 

• How is the originality test applied to photographs, computer programmes, data bases and other works?
• How has the CJEU interpreted the concept of reproduction?
• What is the contribution of the CJEU in defining the notion of communication to the public? 
• What is the relationship between the right of distribution and the principle of exhaustion?
• What is the scope of protection of a sui generis database right?
• How has the CJEU interpreted the EU exceptions to copyright protection? 
• How to evaluate the fair compensation owned by right holders?
• What are the competition law issues of relevance for collecting societies?
• What kind of judicial remedies can be taken against intermediaries/Internet service providers?

Author

• Estelle Derclaye, Professor of Intellectual Property Law, University of Nottingham

Contributors

• Jiří Malenovský, judge at the CJEU, Luxembourg
• Stefan Enchelmaier, Professor at Lincoln College, University of Oxford
• Ted Shapiro, partner at Wiggin, Brussels