B9 10507. Tobias Cohen Jehoram, Vivien Rörsch & Simone Kooi, De Brauw Blackstone Westbroek: Concept & scope of the copyright protection. Legal Alert m.b.t. HvJ EU C‑145/10 (Eva-Maria Painer).
“With this ruling, the CJ confirms that the concept of copyright protection is harmonised and that the same criteria apply to all types of works. According to the CJ, a copyright protected work requires 'an intellectual creation of the author reflecting his personality and expressing his free and creative choices in the production of that work'.
The harmonisation efforts of the CJ also cover the scope of the copyright protection. In its decision, the CJ handed down an interpretation of copyright protection that is broad and equal for all categories of works. In addition, the CJ stressed that nothing in the EU Information Society Directive, or in any other directive applicable in this field, supports the view that the extent of such protection should depend on possible differences in the degree of creative freedom in the production of various categories of works."
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