Conclusion—Copyright and the CJEU: Role, action, legacy

Abstract

Abstract The Conclusion sums up the main themes identified and reviewed throughout the book. First of all, despite the lack of formal specialization within the Court of Justice of the European Union (CJEU), a copyright expertise has emerged through the selection of relevant Judges-Rapporteur and Advocates General (AGs) from a narrow pool. This has been one factor that has contributed to developing a consistent body of case law. Second, over time the CJEU has employed several standards that have served to address copyright issues from a certain perspective, and—admittedly—also to achieve certain results. With the application of such a rich set of standards, the Court has given an overall coherent shape to EU copyright law and, in significant instances, pushed the boundaries of EU harmonization well beyond the text—and arguably intention—of EU legislation. In this sense, the Court’s action has been informed by an overarching internal market goal. The result has been a profound impact of CJEU case law on individual EU Member States, to the point that it seems possible to speak of an EU approach to copyright. As the experience of the UK, even post-Brexit, demonstrates, CJEU case law has contributed to re-shaping key copyright concepts and approaches to copyright protection. The impact of this case law is still very strong and will continue to be felt. The legacy of CJEU case law is also apparent in the context of the EU copyright reform debate, including having regard to the DSM Directive.