Law, Science & Technology: Copyright & related rights (1 of 2)
- History & developments
- Legal sources
- Copyright harmonization
- Subject matter
- Concept of originality
- Exhaustion + case study
Slide 5: Push and pull relation between technology and copyright
Slide 6: 1450 Invention of printing press
Slide 8: Statute of Ann (1710)
Slide 12: Copyright US Constitution (1790)
Slide 13: The Pirate Publisher
Slide 15: 20th century, cassette, video tape, CDs, Napster, The Pirate Bay, Popcorn Time
Slide 22: The battle of copyright (free culture, corporate capitalism, public domain)
Slide 23: Legal sources (sauces)
Slide 25: Berne convention (1886)
Slide 28: Three step test
Slide 29: Universal Copyright Convention (1952)
Slide 30: Rome convention (1961)
Slide 32: TRIPS - Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Slide 35: WIPO Internet Treaties (1996)
Slide 36: EU Copyright Law
Slide 39: Road to harmonization (Regulations, Directives, CJEU practice...)
(...)
Digital Copyright, Digital Agenda by EU Commission, Digital Single Market, Originality, CRM Directive, InfoSoc Directive, Directive 2001/29, Directive 2014/26/EU, UsedSoft, Painer, Football Dataco, SAS Institute, Google Adwords, Svensson, Links and copyright, Caching and copyright, ...
Presentation on IP Management and Start Ups by Prof. A. B. SurajBananaIP Counsels
Presentation on IP Management and Start Ups by Prof. A. B. Suraj
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Presentation on IP Management and Start Ups by Prof. A. B. SurajBananaIP Counsels
Presentation on IP Management and Start Ups by Prof. A. B. Suraj
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
The IPR protects your innovations and ideas related rights and from infringement by others and restricts its uses, making and selling without your permissions. This presentation aims to explore the significance of intellectual property rights and to know the procedure to obtain patents in India. For that, the data and information is collected from news papers, articles, magazines, internet websites, and expert interviews. Protecting intellectual property with patents provides the exclusive rights by law to the assignees or originator to make use of and exploit their inventions. The invention which meets the novelty, non-obviousness, usefulness in the industry, enabled etc criteria’s as per Indian patent act and fulfilling patentable criteria’s with proper application and details justifications with fallow up and clearing the objections are eligible to grants the patents.
A geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country)
Examples: Basmati rice, Swiss watches etc
Geographical Indications (GI)
Types of GI
Why GI needs to be protected?
Advantages of GI
How are GIs Protected?
WIPO and GI
GI in India
Registration process
GI in Tamil Nadu
The IPR protects your innovations and ideas related rights and from infringement by others and restricts its uses, making and selling without your permissions. This presentation aims to explore the significance of intellectual property rights and to know the procedure to obtain patents in India. For that, the data and information is collected from news papers, articles, magazines, internet websites, and expert interviews. Protecting intellectual property with patents provides the exclusive rights by law to the assignees or originator to make use of and exploit their inventions. The invention which meets the novelty, non-obviousness, usefulness in the industry, enabled etc criteria’s as per Indian patent act and fulfilling patentable criteria’s with proper application and details justifications with fallow up and clearing the objections are eligible to grants the patents.
A geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country)
Examples: Basmati rice, Swiss watches etc
Geographical Indications (GI)
Types of GI
Why GI needs to be protected?
Advantages of GI
How are GIs Protected?
WIPO and GI
GI in India
Registration process
GI in Tamil Nadu
Copyright and Open Content Licensing: the role of the Creative Commons licencesccAustralia
"Copyright and Open Content Licensing: the role of the Creative Commons licences", presented by Professor Anne Fitzgerald as seminar 1 of 4 in the Creative Commons and the Digital Economy series, 2012. For full details see event page at http://creativecommons.org.au/events/digitaleconomy
RATIONALE OF COPYRIGHT PROTECTION
What is copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
1.
for the purpose of research or private study,
2.
for criticism or review,
3.
for reporting current events,
4.
in connection with judicial proceeding,
5.
performance by an amateur club or society if the performance is given to a non-paying audience, and
6.
the making of sound recordings of literary, dramatic or musical works under certain conditions.
What is the scope of protection in the Copyright Act,1957 ?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
Does copyright apply to titles and names ?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
Copyright and intellectual property rights issues by Jeroen VerschakelenREC:all project
This presentation was given by Jeroen Verschakelen, Expert in ICT law, Belgium on 11 December at the REC:all workshop 2013 "Lecture Capture: Moving beyond the pilot stage: large-scale implementation of lecture capture in European Higher Education" in Leuven, Belgium.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
a brief history copyright (and why it is broken)Paul Keller
slides from my presentation at the 'debating acta, playing acta' event organized by STEIM on the 26th of june 2011 in amsterdam. This is supposed to be an introduction to copyright but the slides as such probably fail to convey most of what i have presented
Glyn moody: ethics of intellectual monopolies - fscons 2010glynmoody
FSCONS 2010 talk about how copyright and patents were created to deal with scarcity; in today’s world of creative and inventive abundance, we need neither. Freeing up knowledge for all to use would cause a positive feedback loop of creativity and invention.
Glyn moody ethics of intellectual monopolies - fscons 2010FSCONS
FSCONS 2010 talk about how copyright and patents were created to deal with scarcity; in today's world of creative and inventive abundance, we need neither. Freeing up knowledge for all to use would cause a positive feedback loop of creativity and invention.
Leaving the European Safe Harbor... sailing towards algorithmic content regul...LawScienceTech
Talk on 19.3.2019 at the University of Oslo on the EU's push for algorithmic content regulation related to: copyright, all forms of illegal content, and terrorist content.
Introduction to artificial intelligence and lawLawScienceTech
Presentation at Seminar on Artificial Intelligence and Law (15/03/2018) at the Norwegian Research Center for Computers and Law (NRCCL), University of Oslo
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
1. Copyright
Law, Science & Technology in the Information Society
Second session 8.9.2014
(Basic Module - 1 of 2)
2. Warm up
What is protected by intellectual property (and why)?
What IPRs exist and what are their differences?
What tool(s) of harmonization are available in the EU?
3. History & developments
Legal sources
Subject matter
Concept of originality
Copyright harmonisation
Exhaustion + case study
7. Invention of printing press by Johannes
Gutenberg (around 1450)
16th century “privileges”: monopoly power for
the English printers’ collective organisation
(Stationers’ Company) - ended in 1694
Printing press
1450
9. (…) may it please your Majesty that it
may be enacted (…) that the author of
any book or books already composed,
and not printed and published, or that
shall hereafter be composed (…) shall
have the sole liberty of printing and
reprinting such book and books for the
term of fourteen years, to commence
from the day of the first publishing the
same, and no longer (…)
Statute of Ann
10. Author focused (rewarding creative
rather than mercantile talent)
New time limit on copyright (14 years
+ 14 years when first term expired)
Statute of Ann
11. World's 1st
copyright
statute
“An Act for the
Encouragement of
Learning, by
vesting the Copies
of Printed Books in
the Authors or
purchasers of such
Copies, during the
Times therein
mentioned”
12. Copyright US Constitution
1790
1450
1694
1710
“To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors the exclusive Right
to their Writings”
13.
14. “During the nineteenth century anyone was free in the United
States to reprint a foreign publication, and yet American
publishers found it profitable to make arrangements with
English authors. Evidence before the 1876-8 Commission shows
that English authors sometimes received more from the sale of
their books by American publishers, where they had no
copyright, than from their royalties in [England]” where they
did have copyright."
"
Arnold Plant [1934] "The Economic Aspects of Copyright in Books," Economica, 167-195
26. Coverage: Literary and artistic works
Sets minimum standard of protection
Requires to protect the copyright on works from other
signatory countries in the same way it protects the
copyright of its own nationals.
1st multi-lateral copyright treaty
10 states signed in 1886 (NB: US only “observer”)
Berne Convention
27. Exclusive rights for authors
• to make reproductions
• to perform / recite the work in public
• to translate the work
• to make adaptations and arrangements of the work
• to communicate the work to the public / broadcast
Certain moral rights (attribution and integrity)
Exceptions (reproduction right): the 3 steps test
Berne Convention
28. Further exceptions only…
Certain
special cases
No conflict
with normal
exploitation
Not un-
reasonably
prejudice
the interest
of the rights
holder
See e.g. Art. 9.2 Berne (reproduction right only) & Art. 13 TRIPS
ifa
Berne Convention
29. today of little importance; most states have joined
Berne…
Universal Copyright Convention
(1952)
31. Closes gaps left by the Berne Convention
“neighbouring rights” (“droits voisins”)
Protection of performers, producers of sound
recordings, broadcasters and publishers…
Rome Convention
33. Perceived problem: large-scale copying of books, records & films.
Berne “inadequate” – no mechanisms to ensure compliance…
TRIPS governs extent of protection and enforcement of IPRs
(not restricted to copyright). Minimum protection based on the
Berne and Rome conventions.
TRIPS
34. Copyright specific “Berne plus” features:
• Confirms that protection extents to expressions – not ideas
(Art. 9.2)
• Length of protection – 50 years (Art. 12)
• ALL limitations/exceptions have to comply with 3-step test
(Art. 13)
• Protection of performers, producers and broadcasters
• Computer programs protected as “literary works”
• Protection for databases (if they constitute intellectual
creations)
TRIPS
35. Berne couldn’t be updated (hello, digital agenda)
WIPO Copyright Treaty (WCT)
WIPO Performances and Phonograms Treaty (WPPT)
WIPO Internet Treaties (1996)
Implemented via Directives in
EU and DMCA in US
37. 1886
“Community legislation should be restricted to what is needed to
carry out the tasks of the Community. Many issues of copyright
law do not need to be subject of action at Community level”
1988
1450
1694
1710
1961
Green Paper on Copyright and the Challenge of Technology (1988) COM/88/172
38. 1886
Present state of community law “characterised by a lack of
harmonisation or approximation of legislation governing the
protection of literary and artistic property”
1989
1450
1694
1710
1961
CJEU in 1989 (EMI v. Patricia C-341/87, para. 11)
43. Roads to harmonization?
(Regulation, Directives, CJEU practice…)
What may challenges be?
(Legal traditions / Different concepts of use / More or less
protection / Means of harmonization / Speed of adaption /
Reception of new technologies…)
44. Roads to harmonization?
(Regulation, Directives, CJEU practice…)
What may challenges be?
(Legal traditions / Different concepts of use / More or less
protection / Means of harmonization / Speed of adaption /
Reception of new technologies…)
What do you see as the benefits / deficiencies of
these different roads to copyright ?
45. Term of Protection (2011/77/EU)
InfoSoc (2001/29)
Orphan Works (2012/28/EU)
Civil enforcement (2004/48/EC)
48. How would you describe the road taken and why do you
think that has been chosen?
49. How would you describe the road taken and why do you
think that has been chosen?
Why relatively late?
50. How would you describe the road taken and why do you
think that has been chosen?
Why relatively late?
(e.g. due to language barriers and differing cultural traditions
cross-border exploitation of copyrighted works was not of major
economic importance… changed with the advent of new subject
matters (computer programs, databases) and new communication
technologies (internet).
68. Art. 2 Berne Convention (Protected Works)
1. “Literary and artistic works”; 2. Possible requirement of fixation; 3.
Derivative works; 4. Official texts; 5. Collections; 6. Obligation to
protect; beneficiaries of protection; 7. Works of applied art and
industrial designs; 8. News
(1) The expression “literary and artistic works” shall include every
production in the literary, scientific and artistic domain, whatever
may be the mode or form of its expression, such as books, (…)
works of drawing, painting, architecture, sculpture, engraving and
lithography; photographic works to which are assimilated works
expressed by a process analogous to photography; works of applied
art; illustrations, maps, plans, sketches and three-dimensional
works relative to geography, topography, architecture or science.
69. “Creative works” / cultural products
Artistic, literary, dramatic, musical, photographical and
cinematographic works; maps and technical drawings; computer
programs and databases (see e.g. Art. 2 Berne)
Expanded considerably since earliest concern with printed works…
Only expression of copyrighted work, not idea or facts
Any work?
• Irrespective of literary or artistic merit
• Originality of work? (more later!)
Subject matter
70. Work (the author)
Communicate +
making available to the public
Distribute
Berne Convention
“Literary and artistic works”
Translations, adaptations and
arrangements
Collections
Fixation (protection of investment)
Making available to the public
Distribute
Rome Convention
Broadcasting
Phonograms
Databases
Performances
Copyright
Related Rights
71. Acquisition of rights?
Arises automatically (No formalities/registration, see Art. 5(2) Berne)
Time limited rights
• Duration: International min. author’s life +50 years (EU 70 years)
• Related rights mostly shorter (70, 50, 25 years, calculated from the
date of first publication)
Based on principle of territoriality
(one and the same work protected by different laws in different
countries)
72. Two particularities
• Limitations/exceptions: Boundaries on the exclusive rights
(defenses to infringements, limitations to control by copyright holder)
play a much greater role in copyright law than in other IPRs
• Numerous mass transactions: Collecting societies grant blanket
licenses for the repertoire of the works for which the authors have
transferred their rights to the respective society
* Among many other.
79. Droit d‘auteur
Moral/author rights
“Emanation of personality”
Natural rights of the author,
prevails in most countries
80. Droit d‘auteur
Copyright approach
Moral/author rights
“Emanation of personality”
Natural rights of the author,
prevails in most countries
Economic/entrepreneurial rights
“Fruit of his labour”
prevails in common law countries
81. “Copyright and related rights play an important role in this
context as they protect and stimulate the development and
marketing of new products and services and the creation and
exploitation of their creative content.”
Recital 2 of Directive 2001/29/EC
82. Concept of originality
“Up to now, the notion of originality has not been addressed in
Community legislation in a systematic manner (…) Member States
remain free to determine what level of originality a work must
possess for granting it copyright protection.”
Commission Staff Working Paper SEC(2004),995
83. Infopaq (C-5/08) [text excerpts]
Author’s own intellectual creation is the yardstick for all works protected by
copyright under the InfoSoc Directive (see para. 37)
84. Infopaq (C-5/08) [text excerpts]
Author’s own intellectual creation is the yardstick for all works protected by
copyright under the InfoSoc Directive (see para. 37)
Painer (C-145/10) [photographic works]
An intellectual creation is deemed to be author’s own if it reflects his or her
personality (see para. 88)
The creation is the author’s own when the author in conjunction with the creation
of his/her work has been able to express his/her creative ability by making free
and creative choices. (see para. 92)
85. Infopaq (C-5/08) [text excerpts]
Author’s own intellectual creation is the yardstick for all works protected by
copyright under the InfoSoc Directive (see para. 37)
Painer (C-145/10) [photographic works]
An intellectual creation is deemed to be author’s own if it reflects his or her
personality (see para. 88)
The creation is the author’s own when the author in conjunction with the creation
of his/her work has been able to express his/her creative ability by making free
and creative choices. (see para. 92)
Football Dataco (C-604/10) [database]
Mere intellectual effort and skill of creating database not relevant in copyright
assessment. Does it express any originality in the selection or arrangement of
data? (see para. 42)
86. Infopaq (C-5/08) [text excerpts]
Author’s own intellectual creation is the yardstick for all works protected by
copyright under the InfoSoc Directive (see para. 37)
Painer (C-145/10) [photographic works]
An intellectual creation is deemed to be author’s own if it reflects his or her
personality (see para. 88)
The creation is the author’s own when the author in conjunction with the creation
of his/her work has been able to express his/her creative ability by making free
and creative choices. (see para. 92)
Football Dataco (C-604/10) [database]
Mere intellectual effort and skill of creating database not relevant in copyright
assessment. Does it express any originality in the selection or arrangement of
data? (see para. 42)
SAS Institute (C-406/10) [computer program/user manual]
Author may only through the choice, sequence and combination of words, (…)
express creativity in an original manner (see para. 67)
87. CJEU & originality criterion*
(1) The creation is the author‘s own original creation.
(2) The creation reflects his/her personality.
(3) The author, in conjunction with the creation of his/her work,
has been able to express his/her creative ability by making
free and creative choices and thus stamping his/her
‘personal touch’ on the work.
*thusfar
88. Question of whether a work meets the requirement to be
protected by copyright is not subject to a national test but
an EU concept…?
Case law extending harmonization to what is agreed…
(namely Originality, Work, Ownership, Designs)
“Harmonization by stealth”?
Lionel Bently
91. Introduction to copyright & legal framework
EU copyright harmonization
Subject matter
Originality
Case study: Exhaustion (and software)
flashback
92. Even more copyright!
Rights, Limitations and Exceptions (InfoSoc)
Enforcement
Human Rights
Licensing (Online, open data, creative commons…)
Presentation: TPMs (Nintendo v. PC Box C-355/12)
upcoming
93. Credits / attribution
Push pull by Robert S. Donovan from Flickr (CC BY-NC 2.0)
The Battle of Copyright 2011 by Christopher Dombres from Flickr (CC BY 2.0)
Kyle Canyon Road by N i c o l a from Flickr (CC BY 2.0)
Captain Copyright (captaincopyright.ca)
Sand Castle by Adeel Anwer from Flickr (CC BY-ND 2.0)
Lego by Jake Dunham from The Noun Project
Stop sign by Jaap Knevel from The Noun Project
People by Wilson Joseph from The Noun Project
Search by hunotika from The Noun Project
Gondola by Patricia Ross from The Noun Project
Identification Badge by Michela Tannoia from The Noun Project
Person by Cristina Gallego from The Noun Project
Infinity by im icons from The Noun Project
Biopic by Yi Chen from The Noun Project
Copyright by Stefan Parnarov from The Noun Project
Icon by Acider C Balandrano from The Noun Project
VHS Tape by Loic Poivet from The Noun Project
Europe Flag by Pham Thi Dieu Linh from The Noun Project
Storm Trooper by ARudmann from The Noun Project
Ketchup by Taylor Medlin from The Noun Project
Coat of Arms by Martin Vanco from The Noun Project
Meditation by Pavel Nikandrov from The Noun Project
Globe by Chris Tucker from The Noun Project
Pirate by Anne Caroline Bittencourt Gonçalves from The Noun Project
Stopwatch by Nick Holroyd from The Noun Project
Printing Press by Mike Wirth from The Noun Project
Police by Luis Prado from The Noun Project
CD by José Manuel from The Noun Project
Chair by Jardson A. from The Noun Project
Emperor by Simon Child from The Noun Project
Pharaoh by Simon Child from The Noun Project
Cassette by mathies janssen from The Noun Project
Music–Boxes 2 by sweetmusic_27 on Flickr CC BY-SA 2.0
Wall for sounds by Memphis CVB on Flickr CC-BY
One direction 185 by Fiona McKinlay on Flickr CC-BY-SA 2.0