European Union: Court of Justice Holds Social Media Posts May Qualify for Copyright Protection

Global Legal Monitor from the Law Library of Congress

10/16/2026 10:45 AM EDT

On September 3, 2026, the Court of Justice of the European Union (CJEU) issued a decision on the scope of copyright protection for social media posts. It ruled that short text posts on social media may qualify for copyright protection if they are original intellectual creations that reflect the author’s personality.The court also clarified how much discretion European Union member states have when implementing the EU Copyright Directive 2001/29. Member states must transpose EU directives into national legislation, but they may choose how to achieve the directive’s goals. (Treaty on the Functioning of the European Union (TFEU), art. 288, para. 3.)Applicable LawArticle 2 of the EU Copyright Directive 2001/29 grants creators, such as authors or performers, the exclusive right to reproduce a copyrighted work....

 

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