Requirement of sufficient precision and objectivity and the
copyrighted works

a 2023

Requirement of sufficient precision and objectivity and the copyrighted works

KOUKAL, Pavel

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

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

Abstract

In the original language

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

Cite

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.

@proceedings{2296138,
   author = {Koukal, Pavel},
   booktitle = {Visit of Institute of Law and Technology Masaryk University at the Department for Innovation and Digitalisation in Law of the University of Vienna},
   keywords = {copyrighted works; sufficient precision and objectivity; CJEU's case law; autonomous concept},
   language = {eng},
   title = {Requirement of sufficient precision and objectivity and the copyrighted works},
   year = {2023}
}

TY  - CONF
ID  - 2296138
AU  - Koukal, Pavel
PY  - 2023
TI  - Requirement of sufficient precision and objectivity and the copyrighted works
KW  - copyrighted works
KW  - sufficient precision and objectivity
KW  - CJEU's case law
KW  - autonomous concept
N2  - 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.
ER  -

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

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