Informace o publikaci
The Originality Standard of Photographic Works in EU Copyright Law
| Autoři | |
|---|---|
| Rok publikování | 2024 |
| Druh | Odborná kniha |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | The presented monograph aims to assess the development and harmonization of the originality standard applicable to photographic products within the copyright framework of the European Union. This study focuses on four distinct national copyright frameworks of EU Member States—Germany, France, and the Czech and Slovak Republics. The analysis explores the historical evolution of the treatment and position of photographic products in these jurisdictions while tracing the origins of the harmonized originality standard within EU copyright law. By examining both national contexts and EU-level developments, the monograph offers a nuanced understanding of how photographic originality has been shaped. The research identifies two phases of harmonization: legislative activities conducted by the EU through directives, and jurisprudence developed by the Court of Justice of the European Union (CJEU). The first phase examines the chronological drafting and adoption of the Term Directives, particularly the requirement for photographic works to reflect the author’s intellectual creation and personality. The second phase delves into CJEU case law, with a special focus on the Painer decision, which set crucial conditions for determining the copyrightability of photographic products. Together, these phases demonstrate the evolution of what is now recognized as the EU's harmonized originality standard, emphasizing the role of both legislative and judicial efforts in shaping this standard. In addition to analyzing harmonization, the monograph evaluates the impact of the harmonized originality standard on the selected national copyright frameworks, assessing their adherence to EU requirements. By incorporating an exploration of the philosophical and technological aspects of photography, the work highlights the unique nature of the medium and its implications for legal treatment. This comprehensive approach not only illuminates the harmonization process but also provides a broader perspective on the interplay between national traditions and EU standards in the copyright framework for photographic products. |
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