CJ Remarkably Willing To Fully Harmonise EU Copyright Law
On 1 December 2011, the European Court of Justice ("CJ") rendered its decision in Eva-Maria Painer v. Standard Verlags GmbH et al. This case deals with a number of questions referred by the Handelsgericht Wien (Austria) regarding the unauthorised use of portrait photos in newspapers. This legal alert addresses the CJ's answers concerning the criteria for copyright protection of a work and the scope of protection.
Gradual Harmonisation Of The Threshold Of Originality
The objective of the EU Information Society Directive is to harmonise certain aspects of copyright, but does not provide for harmonisation of the threshold of originality, the concept to define a copyrighted work. Although considered to be left up to the member states to define (as is illustrated by art 17Designs Directive), the CJ in case after case is nevertheless harmonising the...
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