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. 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
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. Scope of copyright protection
◦Harmonized economic rights
◦Unharmonized economic rights
◦Rights attached to categories
◦Harmonized exceptions and limitations
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’
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