Publication details

The Requirement of Sufficient Precision and Objectivity and the Copyright Protection of Computer Programs

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Year of publication 2022
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

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Description The presented paper introduces the so-called requirement of “sufficient precision and objectivity”, as developed and formulated by the Court of Justice of the European Union in its recent case law. In order to present comprehensive outlook on the issue, chronological summarisation of information relevant to its development is provided. Given both, the applicability and interpretation, are currently far from clear, the authors undertake to present the reader with a breakdown of the requirement itself followed by possible implications identified in the selected area of interest. The said requirement is meant to serve as a copyrightability condition-to-be-met. Therefore, it is to be applied in order to determine whether a subject-matter is capable of attracting protection via copyright within the copyright framework of the European Union. Prior to its formulation by the Court of Justice of the European Union in C-310/17 (The Levola Hengelo case), it was believed the sole requirement for copyright protection within the copyright framework of the European Union was the originality alone. However, as confirmed by the Court of Justice of the European Union in its subsequent case law, the fulfilment of originality must be cumulatively met with the requirement of “sufficient precision and objectivity”. In their research dedicated to possible implications, the authors of the paper are focused on the assessment of possible change of understanding of the idea-expression dichotomy principle. In the second, the applicability of the requirement research part, the paper provides analysis of application of the requirement to a specific subject-matter, the computer programme. To summarise, the paper tries to assess whether the said requirement, however hastily and purposefully it might have been formulated, can be considered capable of starting a revolution in understanding the core concept of protectable subject-matter within the meaning of copyright framework of the European Union.
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