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Modern Law Review
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Is there an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice

Authors: Favale, Marcella; Kretschmer, Martin; Torremans, Paul;

Is there an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice

Abstract

The Court of Justice of the European Union has seen a dramatic and controversial increase in copyright cases during the last decade. This study investigates empirically two claims: (i) that the Court has failed to develop a coherent copyright jurisprudence (lacking domain expertise, copyright specific reasoning, and predictability); (ii) that the Court has pursued an activist, harmonising agenda (resorting to teleological interpretation of European law). We analyse the allocation of copyright and database right cases by Chambers of the Court, Advocate General (AG) and Reporting Judge, and investigate the biographical background of the Judges and AGs sitting. We trace patterns of reasoning in the Court's approach through quantitative content analysis. Legal topoi that are employed in the opinions and decisions are linked to the outcomes of each case.

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Keywords

Advocate General, European jurisprudence, Court of Justice of the European Union, CJEU, Copyright, European jurisprudence, Advocate General, harmonization, European Union, Court of Justice of the European Union, CJEU, Copyright, European jurisprudence, Advocate General, Harmonization, European Union, CJEU, Harmonization, Copyright, European Union, Court of Justice of the European Union

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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