Catch me if you can: CJEU safeguards the privacy of online copyright infringers in landmark decision Constantin Film Verleih v YouTube

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Abstract

Copyright law in the EU is undergoing a particularly lively season, characterized by the adoption of the most recent Directive on Copyright in the Digital Single Market[1] as well as by landmark CJEU and national case law grappling with the need to balance copyright with other fundamental rights.[2] Against these developments, the discipline has been shaken not only by thorough criticisms from the scholarship, but also by an increasingly heated public debate.
Despite the great attention EU copyright law has attracted, some aspects of its evolution tend to be overlooked. This is mainly due to the complex nature of this branch of intellectual property law and the impervious road of its harmonization. The case here under analysis offers an interesting opportunity to shed light on problematic aspects related to the enforcement of copyright entitlements and, more specifically, on the interrelation between copyright and data protection, a point that in most recent debates has faded into the background.
Original languageEnglish
JournalMediaLaws
Publication statusPublished - 2020

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