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Martin Kretschmer

The Quest for Balance in CJEU Copyright Jurisprudence, as explained by Judge Malenovský

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By Marcella Favale, CREATe Researcher, and Research Fellow, Bournemouth University

logo_curiaOn 15 January, at a conference of ALAI Belgium (Association Littéraire et Artistique Internationale), Judge Jiří Malenovský of the Court of Justice of the European Union (CJEU) bravely faced a public of copyright scholars, many of whom had extensively raised concerns about decisions of the Court in their academic outputs. Malenovský is the Reporting Judge of a vast majority of copyright cases before the Court (analysed in CREATe’s study “Is there an EU Copyright Jurisprudence: An Empirical Analysis of the Workings of the European Court of Justice”). As far as European Copyright is concerned, he is The Copyright Judge.

malenovsky

This Annual Conference of ALAI Belgium focused on the principle of ‘communication to the public’, whose complexity was not only stated but also demonstrated by the delivered presentations. Crucially, these learned contributions did not hide their disappointment at the scarce enlightenment provided by the EU Court on the concept. Judge Malenovský’s talk, delivered in French, concluded the conference, and in his detailed defence of the Court, he set off to refute these criticisms, by explaining why and how the Court reached its conclusions.

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“Copyright Education and Awareness” – CREATe and CopyrightUser.org in a report by Mike Weatherley MP to the Prime Minister

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Post by Bartolomeo Meletti, Lead Producer of CopyrightUser.org [a co-production between CREATe, University of Glasgow and Bournemouth University]

weatherley-createOn Friday 10 October 2014, Mike Weatherley MP stood down from his role as Intellectual Property Adviser to the Prime Minister. On the same day he published the third and final report produced in his capacity as IP adviser: Copyright Education and Awareness. Following two copyright papers called Search engines and Piracy and ‘Follow the Money’, Mike Weatherley’s latest contribution considers copyright education and awareness activities in the UK. It also offers a number of recommendations with the goal of achieving “[g]reater coherence and coordination between industry, Government, academia and all other relevant stakeholders to deliver an effective positive message about the importance of IP to all our benefits”. Several recommendations explicitly address CREATe and in particular the project CopyrightUser.org.

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