European Copyright Inside or Outside the European Union: Pluralism of Copyright Laws and the “Herderian Paradox”

Abstract

A newer and more topical discussion by M. Hesselink, 'The case for a common European sales law in an age of rising nationalism', (2012) 8(3) European Review of Contract Law, 342-366. These authors discuss European private (contract) law, but similar problems appear in relation to European intellectual property law. social events, a movement towards further harmonisation (also in copyright law) could even be detrimental to the European cause. The European Union is currently in a profound crisis. The weakening of the European idea and its values started especially with the rescuing of the banks in the financial crisis of 2009-10 which was mostly implemented through the states taking on large public debts funded by taxpayer's money, and this created sovereign debt was then collectivised in the ESFS and ESM devices. 6 That situation was used to justify economic austerity measures, and Greece in particular was forced to agree to an extended policy of austerity 7 in long bail-out negotiations with EU representatives on 13 July 2015, 8 a course of action which was widely seen as undemocratic and potentially humiliating to a Member State of the EU. 9 Since Germany had a leading role in these negotiations and the method of conduct, perhaps to divert from its then negative image 10 in summer 2015, it invited, initially unrestrictedly, a large number of refugees from the war-torn Middle East. 11 Now Germany and the EU send refugees and migrants back, assisted by an agreement with Turkey. 12 German and EU representatives complain about the lack of solidarity among Member States in the refugee crisis. 13 But the lack of solidarity among Member States cannot come as a surprise with a supranational entity that is completely and almost exclusively grounded on free market competition, 14 the exact opposite of solidarity. The competition in relation to ever lower corporation tax rates and advantageous tax deals 6 See e.g. in more detail as to the technicalities, Ch.

An analysis of the fundamental tensions between copyright and social media: the legal implications of sharing images on Instagram

“…Original Images and photographs are protected by copyright as artistic works under s1 1 The difference between these two definitions has been widely discussed (Derclaye 2010; Rosati 2010). Some state that it appears to have had limited practical implications (Rahmatian, 2016) whilst others argue that it has changed the originality test to a certain extent (Liu 2014). As such, both CJEU and UK case law are considered.…”

Brief speculations about changes to IP law in the UK after Brexit

“…27 Only EU states can accede to the UPC Agreement, see para. 14 Repeal Bill is supposed to transpose the EU Regulations into UK law, if these are ratified by the date when the UK finally leaves the EU. 36 In addition, a framework of meetings between judges and patent examiners across Europe to adjust and align decisions and practices will have to be established.…”

Brexit and Scotland: Centralism, Federalism or Independence?

“…It was never a British concern that over-synchronization could damage the European project itself: for the more one pursues integration, harmonization and unification of national laws across Europe, the more one imperils the framework of a union of European states. Further legal unification prompts a tendency of the EU Member States to move away from one another in conflict with the EU agenda, something I called elsewhere the ‘Herderian paradox’, 9 after Johann Gottfried Herder’s idea of diverse cultural unity of humanity 10 . But the UK never had much comprehension of such ideas.…”