Copyright in the Digital Single Market: Article-by-Article Commentary to the Provisions of Directive 2019/790

by Eleonora Rosati

Overview

In 2019, the EU legislature adopted Directive 2019/790 on copyright in the Digital Single Market. The Directive is supported by a multi-faceted rationale and represents one of the most significant and ambitious EU harmonization efforts in the copyright field so far. This book provides an article-by-article commentary to all the provisions of the Directive. It is the first complete commentary to Directive 2019/790.

By analyzing the history, objectives, and content of each and every provision, as well as the relationship between some of those provisions and between the Directive and the pre-existing acquis, this book provides a rational, consistent and detailed explanation of the Directive as a whole and of its individual contents. This Commentary will be a travel companion to all those who wish or need to navigate the legislative provisions that were adopted in 2019 to make EU copyright fit for the "digital single market".

Product Details

ISBN-13:	9780198858591
Publisher:	Oxford University Press
Publication date:	10/21/2021
Pages:	528
Product dimensions:	9.50(w) x 6.90(h) x 1.40(d)

About the Author

Eleonora Rosati, Professor of Intellectual Property Law and Director of the Institute for Intellectual Property and Market Law (IFIM), Stockholm University

Eleonora Rosati is Professor of Intellectual Property Law and Director of the Institute for Intellectual Property and Market Law (IFIM) at Stockholm University. She is also Of Counsel at Bird & Bird, Editor of the Journal of Intellectual Property Law & Practice (OUP), long-standing contributor to The IPKat, and Co-Founder of Fashion Law London. Eleonora has published extensively in the IP field. She has also prepared technical briefings and studies and delivered talks at the request of international organizations and EU institutions and agencies (including WIPO, European Parliament, European Commission, and EUIPO), as well as international professional bodies and organizations (including ALAI, INTA, AIPPI, LIDC, and ECTA).

Table of Contents

Table Of Case Law (Court Of Justice Of The European Union)Table Of AbbreviationsIntroduction: Origin, Objectives And Content Of The DirectiveArticle 1 - Subject Matter And ScopeArticle 2 - DefinitionsArticle 3 - Text And Data Mining For The Purposes Of Scientific ResearchArticle 4 - Exception Or Limitation For Text And Data MiningArticle 5 - Use Of Works And Other Subject Matter In Digital And Cross-Border Teaching ActivitiesArticle 6 - Preservation Of Cultural HeritageArticle 7 - Common ProvisionsArticle 8 - Use Of Out-Of-Commerce Works And Other Subject Matter By Cultural Heritage InstitutionsArticle 9 - Cross-Border UsesArticle 10 - Publicity MeasuresArticle 11 - Stakeholder DialogueArticle 12 - Collective Licensing With An Extended EffectArticle 13 - Negotiation MechanismArticle 14 - Works Of Visual Art In The Public DomainArticle 15 - Protection Of Press Publications Concerning Online UsesArticle 16 - Claims To Fair CompensationArticle 17 - Use Of Protected Content By Online Content-Sharing Service ProvidersArticle 18 - Principle Of Appropriate And Proportionate RemunerationArticle 19 - Transparency ObligationArticle 20 - Contract Adjustment MechanismArticle 21 - Alternative Dispute Resolution ProcedureArticle 22 - Right Of RevocationArticle 23 - Common ProvisionsArticle 24 - Amendments To Directives 96/9/Ec And 2001/29/EcArticle 25 - Relationship With Exceptions And Limitations Provided For In Other DirectivesArticle 26 - Application In TimeArticle 27 - Transitional ProvisionArticle 28 - Protection Of Personal DataArticle 29 - TranspositionArticle 30 - ReviewArticle 31 - Entry Into ForceArticle 32 - AddresseesAppendix 1 - Proposal For A Directive Of The European Parliament And Of The Council On Copyright In The Digital Single MarketAppendix 2 - Directive (Eu) 2019/790 Of The European Parliament And Of The Council Of 17 April 2019 On Copyright And Related Rights In The Digital Single Market And Amending Directives 96/9/Ec And 2001/29/EcIndex

Editorial Reviews

"Professor Eleonora Rosati is renowned as the leading EU copyright expert and from this commentary it is clear why. No one else could have written this book, and certainly not to this standard. It is a detailed and exhaustive vade mecum for those engaging with the provisions of the DSM Directive, and it goes without saying then that it would be of interest to both academics and practitioners, including legislators and courts across the EU with an interested in EU copyright harmonisation, reform and the DSM Directive." — Hayleigh Bosher, The IPKat

"[Rosati] has established herself as one of the leading experts on EU copyright law [...] illustrated by the fact that, for the second time, Advocate General Szpunar has contributed a complimentary Foreword. As those familiar with her writings would expect, her commentaries are authoritative and insightful, grounded in her mastery of the existing acquis as well as the history and text of the legislation and academic commentary. The strengths of her exposition are illustrated by the commentary to Article 17, probably the most controversial and difficult to interpret Article in the whole Directive, which is a tour de force running to 59 pages. Rosati not only sheds as much light as is humanly possible on the tortuous provisions of Article 17, but she also set out a persuasive analysis of how it relates to the existing acquis ." — Sir Richard Arnold, Lord Justice of Appeal, Court of Appeal of England and Wales, Journal of Intellectual Property Law and Practice

From the Publisher