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Copyright and Brexit: What's Next? (CILIP Conference) - Eleonora Rosati (2 April 2019)

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The slides of my talk 'Copyright and Brexit: What's Next?', delivered at the annual CILIP Conference held in London on 2 April 2019

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Copyright and Brexit: What's Next? (CILIP Conference) - Eleonora Rosati (2 April 2019)

  1. 1. COPYRIGHT & BREXIT WHAT NEXT? Eleonora Rosati eleonora@e-lawnora.com @eLAWnora
  2. 2. … Or rather: What now? ◦Brexit means ... What? ◦Changes brought about by EU membership ◦ Subsistence ◦ Scope ◦ Infringement ◦ Remedies
  3. 3. BREXIT MEANS … WHAT?
  4. 4. Types of Brexit (NB: slides prepared on 24 March!) ◦Transposition of EU directives ◦Effect of EU regulations ◦EU-wide rules and recognition principles ◦ Loss of EU citizenship ◦ Loss of qualification as EU business ◦Jurisdiction of the CJEU
  5. 5. More in detail ◦Transposition of EU directives - Directive on Copyright in the DSM ◦Effect of EU regulations - Portability and Marrakesh ◦EU-wide rules and recognition principles ◦ Loss of EU citizenship: VIPs, content portability ◦ Loss of qualification as EU business: broadcasters, CMOs ◦ Sui generis database right ◦ Orphan works ◦ Exhaustion ◦Jurisdiction of the CJEU - section 6 EU (Withdrawal) Act 2018
  6. 6. CHANGES BROUGHT ABOUT BY EU MEMBERSHIP
  7. 7. Subsistence of copyright ◦A work ◦Sufficiently original ◦Of the right kind ◦Fixed in a tangible medium
  8. 8. Subsistence of copyright ◦A work – defined by CJEU ◦Sufficiently original – defined by CJEU; effects on designs ◦Of the right kind – challenged by CJEU ◦Fixed in a tangible medium – defined by CJEU
  9. 9. Scope of copyright protection ◦Harmonized economic rights ◦Unharmonized economic rights ◦Rights attached to categories ◦Harmonized exceptions and limitations
  10. 10. Scope of copyright protection ◦Harmonized economic rights – defined and challenged by CJEU ◦Unharmonized economic rights – do they exist? The case of adaptation ◦Rights attached to categories – challenged by CJEU ◦Harmonized exceptions and limitations – increasing (in)flexibility + ‘autonomous concepts of EU law’
  11. 11. Standard of infringement ◦Derivation (causal connection) ◦Substantial taking ◦Primary/secondary liability
  12. 12. Standard of infringement ◦Derivation (causal connection) ◦Substantial taking – from Designer Guild to Infopaq (and back?) ◦Primary/secondary liability – does it still exist?
  13. 13. Remedies ◦Injunctions against intermediaries ◦Costs of injunctions
  14. 14. Remedies ◦Injunctions against intermediaries – EU law and CJEU case law ◦Costs of injunctions – Lack of an EU rule?
  15. 15. IN CONCLUSION
  16. 16. Brexit means … ◦In any case, no actual and immediate freedom ◦Medium and long term: Should the UK distance itself from EU copyright law? ◦ Reasons for harmonization ◦ Topics in EU copyright agenda ◦ Future role of the CJEU
  17. 17. THANKS FOR YOUR ATTENTION! eleonora@e-lawnora.com @eLAWnora

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