Jump to ContentJump to Main Navigation
The Europeanization of Intellectual Property LawTowards a European Legal Methodology$
Users without a subscription are not able to see the full content.

Justine Pila and Ansgar Ohly

Print publication date: 2013

Print ISBN-13: 9780199665105

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199665105.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 17 October 2017

Is Harmonization a Good Thing? The Case of the Copyright Acquis †

Is Harmonization a Good Thing? The Case of the Copyright Acquis †

Chapter:
(p.57) 4 Is Harmonization a Good Thing? The Case of the Copyright Acquis
Source:
The Europeanization of Intellectual Property Law
Author(s):

Bernt Hugenholtz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199665105.003.0004

This chapter analyses the development of European copyright law. The author distinguishes between three phases: a decade of directives, a time of consolidation in which harmonisation was mainly pursued through “soft law” and the present period of judicial activism. He finds that harmonisation through directives has produced mixed results at great expense, and its beneficial effects on the Internal Market are limited at best, and remain largely unproven. What is more, harmonisation through directives does not provide a solution to the territorial fragmentation of European copyright law. Hence the author argues in favour of a unitary European copyright law, as proposed by the Wittem Group, which the EU institutions could create on the basis of Article 118 TFEU.

Keywords:   European copyright law, directive, Information Society Directive, judicial activism, Infopaq, territoriality, Article 118 TFEU, Wittem Group

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .