Gazing into an abyss: defining the non-protected abstract
matters in EU copyright law

J 2024

Gazing into an abyss: defining the non-protected abstract matters in EU copyright law

MYŠKA, Matěj

Basic information

Original name

Gazing into an abyss: defining the non-protected abstract matters in EU copyright law

Authors

MYŠKA, Matěj

Edition

Jusletter IT. Die Zeitschrift für IT und Recht. Bern, Weblaw, 2024, 1664-848X

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Switzerland

Confidentiality degree

není předmětem státního či obchodního tajemství

Organization unit

Faculty of Law

Keywords in English

Abstract

V originále

Thanks to the case law of the Court of Justice of the European Union, the requirement of “sufficient precision and objectivity” became a further cornerstone of the, as of now harmonized, notion of work (“Werkbegriff”). This requirement shall provide for legal certainty of third parties as regards to the extent of protected subject matter. The borderline is formed, inter alia, by the direct opposite, i.e., abstract matters. The main aim of this contribution is to concretely define the abstract (sic!) in copyright law. To achieve this aim the contribution firstly shortly explains the requirement of “sufficient precision and objectivity” as introduced by CJEU. In this step the “definitions of non-protected subject matter” are to be observed and synthetised and thus a picture of “the void” in copyright protection should be formed. As the “abstractness” is mostly encountered in the area of computer programs, this subject matter should be regarded the primary focus of the study. Moreover, the patent law deals in extensive matter what is not to be protected on the basis of being abstract, i.e., being a “non-invention”. To find out these boundaries, EPO conclusions in the area of computer-implemented inventions are utilised. In the end, the contribution shall find common regulatory features in these two areas of intellectual property law and discuss what conclusions could be theoretically applicable to the delimitation of the authorial work and to contribute to the ongoing debate on the scope of the protected subject matter in the EU copyright law.

Links

GA22-22517S, research and development project

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

Investor: Czech Science Foundation

Citovat

MYŠKA, Matěj. Gazing into an abyss: defining the non-protected abstract matters in EU copyright law. Jusletter IT. Die Zeitschrift für IT und Recht. Bern: Weblaw, 2024, vol. 2024. ISSN 1664-848X.

@article{2413693,
   author = {Myška, Matěj},
   article_location = {Bern},
   keywords = {copyright law; protected subject matter; sufficient precision and objectivity},
   language = {eng},
   issn = {1664-848X},
   journal = {Jusletter IT. Die Zeitschrift für IT und Recht.},
   title = {Gazing into an abyss: defining the non-protected abstract matters in EU copyright law},
   volume = {2024},
   year = {2024}
}

TY  - JOUR
ID  - 2413693
AU  - Myška, Matěj
PY  - 2024
TI  - Gazing into an abyss: defining the non-protected abstract matters in EU copyright law
JF  - Jusletter IT. Die Zeitschrift für IT und Recht.
VL  - 2024
PB  - Weblaw
SN  - 1664848X
KW  - copyright law
KW  - protected subject matter
KW  - sufficient precision and objectivity
N2  - Thanks to the case law of the Court of Justice of the European Union, the requirement of “sufficient precision and objectivity” became a further cornerstone of the, as of now harmonized, notion of work (“Werkbegriff”). This requirement shall provide for legal certainty of third parties as regards to the extent of protected subject matter. The borderline is formed, inter alia, by the direct opposite, i.e., abstract matters. The main aim of this contribution is to concretely define the abstract (sic!) in copyright law. To achieve this aim the contribution firstly shortly explains the requirement of “sufficient precision and objectivity” as introduced by CJEU. In this step the “definitions of non-protected subject matter” are to be observed and synthetised and thus a picture of “the void” in copyright protection should be formed. As the “abstractness” is mostly encountered in the area of computer programs, this subject matter should be regarded the primary focus of the study. Moreover, the patent law deals in extensive matter what is not to be protected on the basis of being abstract, i.e., being a “non-invention”. To find out these boundaries, EPO conclusions in the area of computer-implemented inventions are utilised. In the end, the contribution shall find common regulatory features in these two areas of intellectual property law and discuss what conclusions could be theoretically applicable to the delimitation of the authorial work and to contribute to the ongoing debate on the scope of the protected subject matter in the EU copyright law.
ER  -

MYŠKA, Matěj. Gazing into an abyss: defining the non-protected abstract matters in EU copyright law. \textit{Jusletter IT. Die Zeitschrift für IT und Recht.}. Bern: Weblaw, 2024, vol.~2024. ISSN~1664-848X.

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