Publication details
How the Two Child Abuse Cases Helped to Shape the Test of Originality of Photographic Works
| Authors | |
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| Year of publication | 2022 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | In his presentation, the author intends to assess the approach to finding of originality in photographic works of the courts of the United States of America and the approach developed by the Court of Justice of the European Union. The means through such assessment is to be made are two cases, each decided in a respective jurisdiction, nonetheless connected via both, factual and legal circumstances - both involving child abuse and a dispute regarding a copyright infringement in a photographic work. The author will thoroughly assess legal circumstances of each case and describe methods of identification of originality applied therein. Following the said assessment, an analysis of possible merger of both methods will be conducted with emphasis on possible added value for the test of originality applied to photographic works in the copyright framework of the European Union. To conclude, the author’s intention is to make a comparation between both approaches in order to highlight their individual advantages and disadvantages with final assessment of their possible joint application in cases involving copyright infringement of photographic works within the copyright framework of the European Union. |
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