TVCatchup 2 and the harmonising vision of the CJEU
What room does EU copyright leave for national initiatives in areas harmonised by relevant EU directives? The question of EU preemption (linked to, yet distinct from, EU supremacy ) in the area of copyright is not a new one. Personally, I have been very interested in it for a while [see here ] , and so has been apparently the Court of Justice of the European Union (CJEU). A string of recent copyright decisions demonstrates a diminished tolerance on the side of the Court for diverging national solutions to copyright protection in areas for which EU harmonisation has occurred. In this sense, the search of flexibilities in EU copyright has been proving increasingly challenging ... if not a vain quest altogether. Favouring internal market goals over pretty much anything else, the CJEU has not been shy in holding that certain national arrangements would be incompatible with EU law. In this sense, there is probably no need to recall th...