New Developments in the EU Concept of Copyrighted Works

J 2023

New Developments in the EU Concept of Copyrighted Works

KOUKAL, Pavel

Basic information

Original name

New Developments in the EU Concept of Copyrighted Works

Authors

KOUKAL, Pavel (203 Czech Republic, guarantor, belonging to the institution)

Edition

Jusletter IT, 2023, 1664-848X

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Czech Republic

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Web nakladatele

RIV identification code

RIV/00216224:14220/23:00134097

Organization unit

Faculty of Law

DOI

http://dx.doi.org/10.38023/b5a84fbf-373b-4d87-a7d7-d687237cce78

Keywords in English

works of authorship; originality; sufficient precision and objectivity; legal certainty

Abstract

V originále

In the paper, the author discusses the recent developments of the EU concept of copyright-ed works in the EU legislation and CJEU case law. First, the author discusses several CJEU decisions and addresses the issue of the 'expression' of the work and its 'sufficiently precise and objective identifiability'. Afterwards, the author comments on the reasoning of the CJEU's judgment in Brompton Bicycle case and concludes that a work which the senses can simply perceive may still need to be 'sufficiently precise and objectively identifiable'. Therefore, the requirement of 'expression' is primarily directed towards the requirement of materialization of the copyrighted work, while the requirement of 'sufficient precision and objective identifiability' is directed towards the exclusion of those elements that are too subjective or vague so that they undermine the legal certainty of other subjects that are obliged to respect copyright related to the subject matter in question, as well as of the au-thorities enforcing copyright protection.

Links

GA22-22517S, research and development project

Name: Díla chráněná autorským právem a požadavek dostatečné přesnosti a objektivity

Investor: Czech Science Foundation

Citovat

KOUKAL, Pavel. New Developments in the EU Concept of Copyrighted Works. Jusletter IT. 2023, vol. 2023, March, p. 1-9. ISSN 1664-848X. Available from: https://dx.doi.org/10.38023/b5a84fbf-373b-4d87-a7d7-d687237cce78.

@article{2273017,
   author = {Koukal, Pavel},
   article_number = {March},
   doi = {http://dx.doi.org/10.38023/b5a84fbf-373b-4d87-a7d7-d687237cce78},
   keywords = {works of authorship; originality; sufficient precision and objectivity; legal certainty},
   language = {eng},
   issn = {1664-848X},
   journal = {Jusletter IT},
   title = {New Developments in the EU Concept of Copyrighted Works},
   url = {https://jusletter-it.weblaw.ch/issues/2023/30-maerz-2023/new-developments-in-_33624cb772.html__ONCE&login=false},
   volume = {2023},
   year = {2023}
}

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N2  - In the paper, the author discusses the recent developments of the EU concept of copyright-ed works in the EU legislation and CJEU case law. First, the author discusses several CJEU decisions and addresses the issue of the 'expression' of the work and its 'sufficiently precise and objective identifiability'. Afterwards, the author comments on the reasoning of the CJEU's judgment in Brompton Bicycle case and concludes that a work which the senses can simply perceive may still need to be 'sufficiently precise and objectively identifiable'. Therefore, the requirement of 'expression' is primarily directed towards the requirement of materialization of the copyrighted work, while the requirement of 'sufficient precision and objective identifiability' is directed towards the exclusion of those elements that are too subjective or vague so that they undermine the legal certainty of other subjects that are obliged to respect copyright related to the subject matter in question, as well as of the au-thorities enforcing copyright protection.
ER  -

KOUKAL, Pavel. New Developments in the EU Concept of Copyrighted Works. \textit{Jusletter IT}. 2023, vol.~2023, March, p.~1-9. ISSN~1664-848X. Available from: https://dx.doi.org/10.38023/b5a84fbf-373b-4d87-a7d7-d687237cce78.

Detailed Information on Publication Record