The paper demonstrates the economic consequences of a new EU directive that introduces resale rights in all member states. The lifetime income of young, unknwon artists is likely to shrink, despite the intention of the EU to increase their income. Even if the lifetime income were increasing, the...

According to a new European Union directive, artists, whose works are resold, are entitled to a share of the sales price. The principal aim of this initiative is to let the artists participate in the economic success of their work. Our analysis shows that the new directive is most likely to...

By a proposal to introduce a harmonized "droit de suite", the European Comission intends to improve the economic situation of young artists. A simple price theoretical argument shows that this goal is not likely to be reached. In addition to this, the paper analyzes the efficiency of a legal...

The Court of Justice of the European Union (ECJ) has been suspected of carrying out a harmonising agenda over and beyond the conventional law-interpreting function of the judiciary. This study aims to investigate empirically two theories in relation to the development of EU copyright law: (i)...

After a series of decisions in which the Court of Justice of the European Union appeared to be cutting back on the application of the right of communication to the public with respect to the provision of hyperlinks, the Court's most recent decisions in Brein v. Filmspeler (C-527/15) and Brein v....

First released in early 2019, Copyright and the Court of Justice of the European Union is still the only book completely devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field.It seeks to understand the Court’s role and action in the area of...

Several different cases in the US have lately shed some light on the application of copyright to tattoos. However, in Europe, this area is quite untested and just a few regional decisions can be identified. With the current popularity and social acceptance of tattoos in combination with the rise...

EU law provides explicitly that intermediaries may not be obliged to monitor their service in a general manner in order to detect and prevent the illegal activity of their users. However, a misunderstanding of the difference between monitoring specific content and monitoring FOR specific content...

This paper will describe the drafting history of the Principles of the Law of Software Contracts, with particular attention to the extent of consumer and public-interest group representation in the process. The drafting process, I will argue, did not take adequate stock of problems identified in...