Publication details
Originalita v pojetí práva Evropské unie
| Title in English | Originality in the concept of European Union Law |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Revue pro právo a technologie |
| Citation | |
| Web | https://journals.muni.cz/revue/article/view/6651 |
| Doi | http://dx.doi.org/10.5817/RPT2017-1-8 |
| Keywords | European Union, originality, uniqueness, original, directive, Infopaq, BSA, FAPL, Painer, Football Dataco, SAS Institute, skill and labour doctrine |
| Description | The paper analyzes "originality" as the conceptual feature of a copyrighted work under the law of the European Union, both in the legislature, where in the directives the English term "original" is defined variously, as in the jurisprudence, where the interpretation of this term is also very unstable. The feature of originality reflects the rate of author's intellectual activity in relation to the final creation. The feature is reflection of an assumption taken down in the Berne Convention, where the inherent connection of an author and his work is suggested. Moreover, the originality in sense of its meaning is balancing between originality stricto sensu and uniqueness as two basic but in the requirements of demand different levels of such connection. Therefore the paper aims to clarify the European meaning of "originality" in that sense. |