LAW6149   European Copyright Law   (15 credits)

Description

The module examines select topics in European copyright law. Six core topics are explored, namely: (i) Protectable subject matter: how do we determine what types of product are eligible for copyright protection? What consequences flow from the Court of Justice of the European Union (CJEU's) apparent insistence that all member states adopt an "open" list of protectable works? (ii) Originality: why do we insist on originality as a precondition for granting copyright protection? Is originality a single coherent legal standard within the European legal order? (iii) Moral rights: why do we see such divergent approaches to moral rights within Europe and to what extent does this limit the possibility of full harmonisation? What other protections are given to authors that might be analogised to moral rights? (iv) Liability of online service providers: how has this issue been dealt at the European level? What room is left for national rules? Why has there been renewed interest in these questions? (v) Defences: how might we go about carving out protection for socially desirable reuses of copyright material? What are the advantages and disadvantages of having a US style `fair use" defence? (vi) Reflecting on the Legal Traditions: does it make sense to talk in terms of different copyright `families"? Why does this question matter in the European context?

Reading List