Requirement of sufficient precision and objectivity and the copyrighted works

KOUKAL, Pavel. Requirement of sufficient precision and objectivity and the copyrighted works. In Visit of Institute of Law and Technology Masaryk University at the Department for Innovation and Digitalisation in Law of the University of Vienna. 2023.

Basic information

• Original name: Requirement of sufficient precision and objectivity and the copyrighted works
• Authors: KOUKAL, Pavel (203 Czech Republic, guarantor, belonging to the institution).
• Edition: Visit of Institute of Law and Technology Masaryk University at the Department for Innovation and Digitalisation in Law of the University of Vienna, 2023.

Other information

• Original language: English
• Type of outcome: Conference abstract
• Field of Study: 50501 Law
• Country of publisher: Austria
• Confidentiality degree: is not subject to a state or trade secret
• RIV identification code: RIV/00216224:14220/23:00134163
• Organization unit: Faculty of Law
• Keywords in English: copyrighted works; sufficient precision and objectivity; CJEU's case law; autonomous concept
• Tags: rivok
• Tags: International impact

Abstract

This presentation explored the evolving landscape of copyright law in the European Union (EU), focusing on the concept of copyrighted works within EU legislation and the case law of the Court of Justice of the European Union (CJEU). The author delved into a series of significant CJEU decisions, with particular emphasis on the notions of 'expression' and 'sufficiently precise and objective identifiability' of a work. By examining various CJEU rulings, the author scrutinized the complexities surrounding the determination of a work's expression and the extent to which it can be objectively identified. Specifically, the presentation included a critical analysis of the CJEU's judgment in the Brompton Bicycle case, highlighting the author's observations on the need for a work, even one perceptible by the senses, to possess a level of objective identifiability that meets the criterion of sufficient precision. The findings suggested that the requirement of 'expression' primarily concerns the materialization of a copyrighted work, while the need for 'sufficient precision and objective identifiability' aims to exclude elements that are excessively subjective or vague. This distinction seeks to enhance legal certainty for all parties involved in respecting copyright related to the subject matter in question, including both obligated subjects and copyright enforcement authorities.

Links

• GA22-22517S, research and development project: Name: Díla chráněná autorským právem a požadavek dostatečné přesnosti a objektivity

Investor: Czech Science Foundation