VI. Copyrighted Works

Material and case-law to study

CJEU Eva Maria Painer v. Standard - http://curia.europa.eu/juris/liste.jsf?language=en&num=C-145/10

http://cardozoaelj.com/wp-content/uploads/Journal%20Issues/Volume%2027/Issue%202/Judge_and_Gervais.
pdf

Tasks and questions (19th March):

1) What is copyrighted work? What are the main criteria of the copyrightability in your
jurisdiction?

2) Why is the USSC decision in Feist case so important? What doctrine was dismissed by this
decision?

3) Would you consider a „smiley“ to be protected by copyright law?

4) What do you think about the copyright protection of data compilations? Does the EU protect data
compilations by another legal regime than the USA?

5) Does the EU harmonize the conditions of copyrightability? Does the CJEU harmonize the conditions
of copyrightability? Except the Eva Maria Painer case do you know any other cases of the CJEU which
define conditions of the copyrightability?