Publication details
Originality of Copyrighted Works in French Law and in the Case Law of the CJEU
| Authors | |
|---|---|
| Year of publication | 2026 |
| Type | Peer-reviewed scientific article |
| Magazine / Source | Jusletter IT |
| MU Faculty or unit | |
| Citation | |
| web | |
| Doi | https://doi.org/10.38023/55bde17c-0db2-4ad5-a452-ab109ddcf3c5 |
| Keywords | Copyright Law; Originality; Subjective Concept of Originality; Authorship; France; CJEU; Harmonization |
| Description | Originality represents a fundamental criterion of copyright protection and refl ects distinct legal traditions. Whereas common law systems traditionally emphasize labour and skill, continental approaches underline the personal relationship between the author and the work. French copyright law illustrates a progressive reconciliation of subjective and objective conceptions of originality, culminating in an understanding grounded in the author’s free and creative choices. At the European Union level, this notion has been harmonized through the concept of the author’s own intellectual creation, developed in the case law of the Court of Justice (hereinafter “the Court”). The resulting EU standard demonstrates an autonomous yet dialogical approach, drawing on national traditions while establishing a harmonized framework that may also guide the assessment of originality in works created with the assistance of artificial intelligence. |