Chapter 2 Key debates

Topic	Author/Academic	Viewpoint	Source
The things that amount to ‘work’ and the test for originality	Eleonora Rosati	Argues that Infopaq has dictated a harmonized test for originality and that the subsequent Bezpecˇnostní softwarová asociace case further dictates that all works involving intellectual creation (regardless of categorization issues) should be protected.	‘Originality in a Work, or a Work of Originality: The Effects of the Infopaq Decision’ (2011) 33(12) EIPR 746–755
The things that amount to ‘work’ and the test for originality	Jonathan Griffiths	Argues that an EU approach will have to be developed and notes that artistic works will, like literary works, be judged by their content, not their manner of expression.	‘Dematerialisation, Pragmatism and the European Copyright Revolution’ (2013) 33(4) Oxford Journal of Legal Studies 767–790
Does the CDPA deal with photographs and films rationally?	Richard Arnold	Argues for photographs to be protected by both an authorial right (protecting original photographic art but not mere snaps) and a neighbouring right like films (protecting the fixation regardless of any originality, but only from reprographic copying). Also that the cinematographic content of films should be protected by an authorial copyright.	‘Copyright in Photographs: A Case for Reform’ (2005) 27(9) EIPR 303–305
Are the defences to copyright infringement adequate to protect freedom of expression?	Christina J Angelopoulos	Ashdown has not properly brought a defence of freedom of expression into UK copyright law.	‘Freedom of Expression and Copyright: The Double Balancing Act’ [2008] 3 IPQ 328–353