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Chapter 2: Key debates - Copyright

Topic Author/Acad Viewpoint Source


The things Eleonora Argues that Infopaq has ‘Originality in a

that amount Rosati dictated a harmonized test Work, or a Work
to ‘work’ for originality and that the of Originality: The
and the test subsequent Bezpecˇnostní Effects of the
for softwarová asociace case Infopaq Decision’
originality further dictates that all (2011) 33(12)
works EIPR 746–755
involving intellectual
creation (regardless of
categorization issues)
should be protected.

The things Jonathan Argues that an EU approach ‘Dematerialisation

that amount Griffiths will have to be developed , Pragmatism and
to ‘work’ and notes that artistic the European
and the test works will, like literary Copyright
for works, be judged by their Revolution’
originality content, not their manner (2013) 33(4)
of expression. Oxford Journal of
Legal Studies
Does the Richard Arnold Argues for photographs to ‘Copyright in
CDPA deal be protected by both an Photographs: A
with authorial right (protecting Case for Reform’
photograph original photographic art (2005) 27(9) EIPR
s and films but not mere snaps) and a 303–305
rationally? 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

Are the Christina J Ashdown has not properly ‘Freedom of

defences to Angelopoulos brought a defence of Expression and
copyright freedom of expression into Copyright: The
infringemen UK Double Balancing
t adequate copyright law. Act’ [2008] 3 IPQ
to protect 328–353
freedom of