|Surely thinking who owns the copyright in this pic |
(but is it sufficiently original?) ...
From L to R: Prof Peifer, Eleonora, Jeremy
and the legendary Adolf Dietz
As readers may imagine, among other things, the various speakers reviewed the post-Infopaq [here] string of cases, notably Case C-393/09 BSA [here], Joined Cases C-403/08 and C-429/08 FAPL [here], Case C-145/10 Painer [here], and Case C-406/10 SAS [here].
I presented on the UK situation, and concluded that in light of recent EU copyright developments [or, rather, the understanding that the Court of Justice of the European Union (CJEU) has of EU copyright] it is arguable that closed systems of subject-matter categorisation may no longer be compliant with EU law.
This is the case of the UK, where the relevant provision is s.1(1) of the Copyright Designs and Patents Act 1988, which so states: "Copyright is a property right which subsists ... in the following descriptions of work— (a) original literary, dramatic, musical or artistic works, (b) sound recordings, films or broadcasts, and (c) the typographical arrangement of published editions."
The result? There have been instances when highly creative unconventional works, such as the assembly of a scene or a Stormtrooper helmet, were not found eligible for copyright protection because they could not be pigeon-holed within any of the eight categories of works that UK law protects.
Having said this, it would now seem that compliance with EU law requires adoption of open-ended subject-matter categorisations, as is already the case under, say, French, German and Italian laws.
This follows especially from the CJEU decisions in Infopaq [para 35], BSA [paras 45-46], FAPL [para 97], and Painer [para 87]. The most explicit statement is probably the one that the CJEU made in BSA:
|... and Munich (the Munich one seems to|
have longer legs)
This is why The 1709 Blog has decided to launch a poll asking its enthusiastic readers to answer the following question:
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