Over the last decade, the Court of Justice has assisted in the harmonisation of copyright through case law. In so doing it has offered interpretative guidance on EU copyright and, in some instances, developed new concepts and principles that depart from the norms established in the various Directives. Examples include equating the concept of work to creativity (Rosati, 2013) or the development of the legal fiction of the ‘new public’ in the context of the communication right (Karapapa, 2017). This has been argued to amount to an activist approach aimed ‘to achieve a single market’ (Leistner, 2014; Favale et al, 2016). Scholarly literature exploring this phenomenon is emergent and focuses primarily on the competences of the Court, the impact of its synthesis and the implications on national courts (Ramalho, 2016; Geiger et al, 2018), aiming on occasion to identify elements of predictability in EU copyright case law (Favale et al, 2016; Rosati, 2019).
This PhD project will contribute to this emergent literature, combining doctrinal and philosophical or socio-legal research to explore the contribution of the Court of Justice in copyright case law and the impact on EU Member States.