Today's the 10-year anniversary of the CJEU judgment that changed EU copyright
Members of the Court in 2018 On this day 10 years ago, the Court of Justice of the European Union (CJEU) issued the judgment that set a new course for the development and construction of EU copyright law, a course in which the role of EU judiciary would become as important as and, in certain areas, even more important than that of EU legislative. That decision is the one in Infopaq , C-5/08 . As readers know, the core of that referral concerned the notion of reproduction 'in part': is it an infringement of the right of reproduction in Article 2 of the InfoSoc Directive to reproduce short extracts of newspaper articles without a licence? To answer this, the CJEU said that there is reproduction 'in part' when what is being reproduced is sufficiently original. Fair enough: the Court could have stopped here - nothing too surprising. In fact, unlike what is for subject matter like software , databases ...