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@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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