IP-Law DOI: 10.38023/2b579e70-3a70-4e2f-93bf-c9f9ea2ca242

The development and harmonisation of originality standard of photographic works in the copyright framework of the European Union

Marian Jankovic

Region:

Field of law:

IP-Law

Collection:

Conference proceedings IRIS 2023

Citation: Marian Jankovic, The development and harmonisation of originality standard of photographic works in the copyright framework of the European Union, in: Jusletter IT 30. März 2023

The presented paper aims to assess and further explore the potential effects the jurisprudence of the Court of Justice of the European Union (“CJEU”) in the area of originality of photographic works might have on various national different understandings of originality itself and also on the provision of copyright protection to the products of photographic labour in each Member State of the EU (“Member State”). It is evident the CJEU with its jurisprudence took on to unify and harmonise different national approaches of the Member States. However, it is still relatively unknown how will the national copyright frameworks of the Member States adjust to the newly proposed rules of protection.

Table of contents

1. Introduction to the Problem
- 1.1. Protection of Photographic Works – European Union Framework
- 1.2. Jurisprudence of the CJEU on Photographic Works
- 1.3. What is a Photographic Work?
- 1.4. Why Photographic Works?
2. Originality Criteria Introduced by the EU – First Harmonisation Phase
3. Originality Criteria Introduced by the EU – Second Harmonisation Phase
4. Conclusion
5. Literature

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