Topic

The things that amount to ‘work’ and the test for originality

Author

Eleonora Rosati

Standpoint

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.

Source

‘Originality in a Work, or a Work of Originality: The Effects of the Infopaq Decision’ (2011) 33(12) EIPR 746–755

Author

Jonathan Griffiths

Standpoint

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.

Source

‘Dematerialisation, Pragmatism and the European Copyright Revolution’ (2013) 33(4) OJLS 767–790

Topic

Does the CDPA deal with photographs and films rationally?

Author

Richard Arnold

Standpoint

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.

Source

‘Copyright in Photographs: A Case for Reform’ (2005) 27(9) EIPR 303–305

Topic

Are the defences to copyright infringement adequate to protect freedom of expression?

Author

Christina J Angelopoulos

Standpoint

Ashdown has not properly brought a defence of freedom of expression into UK copyright law.

Source

‘Freedom of Expression and Copyright: The Double Balancing Act’ [2008] 3 IPQ 328–353