Detailed Information on Publication Record
2023
Requirement of sufficient precision and objectivity and the copyrighted works
KOUKAL, PavelBasic 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
Konferenční abstrakt
Field of Study
50501 Law
Country of publisher
Austria
Confidentiality degree
není předmětem státního či obchodního tajemství
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
Tags
International impact
Změněno: 3/7/2023 17:10, doc. JUDr. Pavel Koukal, Ph.D.
Abstract
V originále
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 |
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