This article is available to RIDA subscribers only.

RIDA 263 | 01-2020

Doctrine

A French Government View of Recent CJEU Case Law on Literary and Artistic Property

SEGOIN, Daniel

Afficher la version française de cet article.

Show the english version

Start of the article :

Year after year while the EU directives have been increasingly unable to provide a comprehensive response to the challenges resulting from the development of new technologies, copyright has become an increasingly important part of the case-law dealt with by the CJEU. This has allowed the CJEU to adopt a very dynamic interpretation of the relevant copyright directives. Against this background, it has become crucial for Member States willing to influence the case-law from the CJEU to adopt a litigation strategy embedded in a very close analysis of the reasoning embraced by Union judges. This article intends to discuss these two elements in light of the approach relied on by the French government over the past decade