Module 4

Question 1

What requirement comes after the fixation requirement?

Answer 1

Originality requirement.

Question 2

What does the originality requirement mean within the UK and USA?

Answer 2

It is mostly focused on the definition of original works which is put in the for example copyright design and patent act from the 1988.

Question 3

What is the meaning of the originality requirement in continental Europe approach?

Answer 3

As a requirement for protection subject matter it might be the result of human creative process which has also individual character.

Question 4

Who put simply the difference between individuality, creativity and originality?

Answer 4

Mark Rose.

Question 5

How did Mark Rose interpret individuality and creativity?

Answer 5

As a kind of romantic authorship.

Question 6

What is the objective approach of copyright?

Answer 6

The meaning we use for originality requirement in common law countries.

Question 7

With what doctrine was the objective approach of copyright associated with?

Answer 7

With the doctrine of skills and labour and the concept of sweat of the brow.

Question 8

What is the subjective approach of copyright?

Answer 8

The second approach, more focused on the individual stamp of author that work is required to be incorporated rather than the originality itself like in the objective approach.

Question 9

When was presented one of the most extreme variants of the objective approach?

Answer 9

In the decision of English Court in 1916 in the case University of London press vs. University Tutorial press.

Question 10

What did the court held in the case University of London press vs. University Tutorial press?

Answer 10

It held that the copyright act doesn’t require that the expression must be in an original or novel form but the work must not be copied from another work, that it should originate from the author.

Question 11

Who described the purposes of copyright protection?

Answer 11

Paul Goldstein.

Question 12

To what is copyright in its very objective approach reduced to?

Answer 12

To a very simple task to examine who is the author of the work.

Question 13

Where was introduced the alternative interpretation of originality and what is it called?

Answer 13

In the US and it is called the doctrine of Sweat of the borrow.

Question 14

In what decision can be found the classic definition of the doctrine of Sweat of the borrow?

Answer 14

In Jeweller’s circular decision.

Question 15

What is not required according to the doctrine of Sweat of the borrow?

Answer 15

It is not required that the idea is new because an idea is not covered by the copyright at all. The author must have expended skill judgement and labour or selection judgement and experience or even labour, skill and capital in creating the work.

Question 16

What are the two cumulative requirements according to the doctrine of Sweat of the borrow?

Answer 16

• the work must originate from the author

- there must have been a minimum investment by author of skill, judgement or labour.

Question 17

Do both requirements of the doctrine of Sweat of the borrow have to be met at the same time and it which case was it confirmed?

Answer 17

Yes. It was confirmed in the case the Bill Trading vs. Bill Hitch.

Question 18

In what case was some guidance provided?

Answer 18

In Guild vs. Eskander Ltd.

Question 19

What did the court held in the Guild vs. Eskander Ltd case?

Answer 19

A copy which incorporates some minor alterations of a work is no longer protected under copyright.

Question 20

What is the principle stated in Interlego case?

Answer 20

The skill and labour must not be so trivial that it could be characterized as a purely mechanical exercise.

Question 21

What is the biggest flow of the doctrine of Sweat of the borrow?

Answer 21

The only defense to infringement was independent creation. The subsequent compiler was not entitled to take one word of information previously published but rather had to independently work out the matter for himself sous to arrive at the same result from the same common sources of information.

Question 22

In what case was the doctrine of Sweat of the borrow criticized?

Answer 22

In the case of five publications by the Supreme Court in US in 1991.

Question 23

What did the Supreme Court held in the case of five publications in 1991?

Answer 23

It held that the facts contained in existing works may freely be copied, because copyright protects only the elements that owe their origin to compiler- the selection, coordination and arrangement of facts.

Question 24

What is a major concern when it comes to interpretation of originality?

Answer 24

That it may lead to the aesthetic evaluation of work itself.

Question 25

Describe the Bleistein vs. Donaldson case.

Answer 25

…

Question 26

What was the question that Jane Ginsburg asked?

Answer 26

She asked if the work might embodied the author’s persona and then how does it follow from determining the work is him that is also his.

Question 27

What is the most difficult part of the copyright legal system?

Answer 27

To find any nick interpretation of originality.

Question 28

How is the problem of originality solved at the EU level?

Answer 28

There is no sustain like general directed from copyright issue the harmonization is so cold pointed and relate only to very detailed problem of copyright. The originality requirement might have some potential to integrated internal market. In theory, divergent requirements for the level of originality by member states have the potential of posing barriers to intra-community trade. In practice, seems to be no convincing evidence to support this.

Question 29

What is the problem with EU competences in respect to the subject matter of copyright?

Answer 29

The absence of one harmonized definition of what is and shall be protected within copyright realm.

Question 30

What specific subject matter has become the major concern of the European Commission?

Answer 30

Software.

Question 31

Is there a horizontal harmonization of the concept of subject matter and originality requirement adopted by the commission?

Answer 31

No.

Question 32

Which directives regulate the computer program and databases?

Answer 32

The directive from 2009 on the legal protection of computer program and the directive of 1996 under legal protection of database.

Question 33

What do the directive from 2009 and the directive from 1996 stipulate?

Answer 33

They stipulate that work like computer program, databases and photograph are considered to be eligible for copyright protection if they represent the author on intellectual creation.

Question 34

Which five landmark cases did the Court of Justice interpret and elaborate on the precise contours of EU originality standards between 2009 and 2012?

Answer 34

• Infopaq international from 2009
• BSA from 2010
• Premier League Case from 2011
• Eva Maria Painer case from 2011
• Football dataco case from 2012

Question 35

Summarize the precise contour elaborated by the Court of Justice.

Answer 35

• under EU copyright law the required originality standard is the authors on intellectual creation.
• we can conclude that the authors on intellectual creation is present when author can exercise free and creative choices and put their personal stamp on the work.
• it is not wrongful the originality requirement to be made when an expression is determined by technical or functional rule such as when there is only one way to express the idea or the expression predetermine by specific goal or concern by narrow rules that leave no space for free and creative choices.

Question 36

What should copyright reward?

Answer 36

An original expression.

Question 37

What does the Rogers vs. Koons case show?

Answer 37

Some difficulties with the distinction idea expression.

Question 38

Describe the Rogers vs. Koons case.

Answer 38

…

Question 39

Describe the case about Superman.

Answer 39

…

Question 40

Describe the case about the architectural work in Krakow.

Answer 40

…