1
Q
What is subsidiarity principle ?
A
1
2
Q
What is proportionality principle ?
A
1
3
Q
What EU Copyright law do you know?
A
- InfoSoc 2001
- Rental and Lending Right 2006
- Resale Right 2001
- Satellite and Cable Directive 1993
- Software Directives 2009 + 1991
- Enforcement/IPRED 2004
- Database 1996
- Term Directives 2006 + 2011
- Orphan Works 2012
- CRM/Collective Management 2014 impl. of the Marrakech Treaty (13.9.2017)
- Probably also: Digital Single Market (still in consultation)
4
Q
what are the universal copyright requirements ?
A
- Idea/expression dichotomy
- Fixation principle
- Originality requirement
5
Q
What is Idea/expression dichotomy?
A
Case Moreau v Vincent
is an elementary principle of copyright law that an author has no copyright in ideas but only in his expression of them. The ideas are public property, the literary work his own. Every one may freely adopt and use the ideas but no one may copy his literary work without his consent.
6
Q
Case Nichols v Universal Pictures
A
- both works presented more or less similar plot
abstraction test:
7
Q
What is the difficulty of
A
1
8
Q
Case Stowe v Thomas
A
- Uncle Tom’s Cabin was translated into German Without prior consent
- The court held:
9
Q
Case Baigent v Random House (UK)
A
- The Holy Blood and the Holy Grail are plaintiffs
- The plaintiffs claimed to be a historical book with a Central Theme
- The defendant (publisher of Dan Brown’s book: the Da Vinci Code) publish a fictional book
- Dan Brown admitted to read the plaintiffs book in his research (however: not to copyright’s infringement)
- Similarities to be found: between the “Central Theme”of the plaintiffs and fictional plot of the Da Vinci Code.
The Court Held: the line between idea and expression is to enable a fair balance to be struck between protecting the rights of the author and allowing literary development
in the appeal: solely the form or manner in which ideas were expressed are protected
Literary copyright does not give rights that enable persons to monopolise historical research or knowledge
10
Q
Case Rogers v Koons
A
1
11
Q
Case Levola Hengelo application
A
1
12
Q
What are the requirements for the copyright protection of the taste of a food product?
A
1
13
Q
What is stated in the Green Paper in regard of copyright?
A
European Commission intervention in the realm of copyright was required to be based on four fundamental concerns of the community now perceived as the EU.
14
Q
What are the four fundamental concerns stated in the Green Paper?
A
- the need to create a single community market for copyright goods and services.
- the need to improve the competitiveness of the economy and copyright goods and services in the community.
- the need to protect intellectual creation and investment produced in the community against unfair exploitation by users in non-member states.
- the need to limit the restrictive effects of copyright on competition especially in technology related areas such as a computer software and industrial design.
15
Q
Which six areas did the Commission identify in the Green Paper where immediate action was required?
A
- piracy enforcement
- audiovisual
- home coping distribution
- right exhaustion and rental rights
- computer programs
- databases and multilateral and bilateral external relations.
16
Q
What is not covered by a competence of the EU legislator?
A
The moral rights system, the personal protection of author.
17
Q
What is established in article 17 of the Charter of Fundamental Rights?
A
That the intellectual property shall be protected.
18
Q
Are there different translations of the article 17 of the Charter of Fundamental Rights?
A
Yes.
19
Q
Which articles are the legal basis for EU’s competences?
A
Articles 114. and 115. of the Treaty on the Functioning of EU.
20
Q
How many directives and amendments provides the EU’s legislator on the basis of articles 114 and 115 of the Treaty on the Functioning of EU?
A
Eleven directives with two amendments.
21
Q
How many cases regarding copyright are in the Court of Justice?
A
More than 90.
22
Q
Are there any general provisions concerning copyright rules in the EU?
A
No.
23
Q
What is the InfoSoc directive?
A
A quite general directive concerning exclusivity principle, scope of exclusive rights and enforcement measurements.
24
Q
Is a Fair Use clause provided in the EU’s legislation?
A
No.
25
What is the heart to the copyright spine?
Protection subject matter.
26
What is the first question concerning protection subject matter?
How to build a new work protected under copyright legal system.
27
Despite the national differences in legislation can we still provide some universal requirements and assertions regarding the protection subject matter in copyright?
Yes.
28
What is the basic principle concerning protection subject matter in copyright?
The basic principle is the idea of expression dichotomy and it is the most ambiguous, sometimes also arbitrary, principle, but of great importance for corporately legal system.
29
What are the consequences of the basic principle concerning protection subject matter in copyright?
- the fixation requirement
| - originality requirement
30
What is the idea expression dichotomy?
The most important principle that lies on the foundations of the copyright legal system.
31
What is the background of the idea expression dichotomy?
The idea should remain free for society, as free as the air. It cannot be monopolized to have an idea.
32
What did the Justice Hand commented in case Nichols vs. Universal Pictures?
That the distinction between ideas and expression will seem arbitrarily.
33
What provides the distinction between ideas and expressions?
It provides a way of reconciling two competing interests; the interest in rewarding ingenuity and the interest in allowing the public to benefit from new works by order authors on the same subject depending on what the purpose of copyright is so that the distinction between the unprotected idea and protected form of expression ought to be drawn.
34
How does the dichotomy of ideas and expressions help copyright?
It helps copyright to strike appropriate balance between different interests of rights holders, users and all the interested parties.
35
Is the boundary between unprotect-able ideas and protectable expressions easy to draw?
No.
36
What is possible in the jurisdictions of common law countries like US or the UK regarding copying?
The creator may infringe code pride by appropriating the action of a play or novel, even if none of the words are taken.
37
What is the main problem in the boundary between unprotect-able ideas and protectable expressions?
How we ought to understand the term idea within the context of the idea expression dichotomy.
38
What did the court held in the case Stowe vs. Thomas?
It held that an authorized German translation of the complete text of the novel did not infringe Stowe his copyright.
39
What did the court held in Baigent vs. Random House?
It held that Dan Brown's book did not infringe copyright.
40
Can copyright monopolize historical research knowledge?
No.
41
What is the famous Level case about?
The court in Netherlands asked the Court of Justice whether a taste of a food product might be a subject protected under copyright regime.
42
Name some basic facts regarding the idea expression dichotomy.
- copyright denies protection to bare facts brought information or mere formulas.
- expression requires something more than the raw idea as an expression
- fixation is a necessary prerequisite
43
What kind of form a work has to take through fixation?
A tangible form and the relatively stable and permanent and embodiment, according to some jurisdictions.
44
Does a mere performance qualify as fixation?
No, but it is applicable in some jurisdictions.
45
What is the recently much discussed case?
Concerning copyright protection of smell or taste.
46
What did the Supreme Court in the Netherlands held under the Dutch Copyright Act?
It held that under the Dutch Copyright Act due to the very general definition of the types of works stand being a product of suspect susceptible to human perception and having its own and original character and carrying the personal stamp of the creator can be copyright protected work irrespective of the fact that '' the human or factory organs have a limited ability to distinguish sense that degree to which separate sense can be distinguished significantly differs from one person to another.''
47
What did the French Supreme Court held in 2006 in the Barbier case?
It previously held that a fragrance does not constitute a tangible form of expression and therefore is not subject to copyright protection.
48
When was again confirmed by the French Supreme Court that perfumes are not copyrightable under French copyright law?
In 2013.
49
What is stated in the Green Paper in regard of copyright?
European Commission intervention in the realm of copyright was required to be based on four fundamental concerns of the community now perceived as the EU.
50
What are the four fundamental concerns stated in the Green Paper?
- the need to create a single community market for copyright goods and services.
- the need to improve the competitiveness of the economy and copyright goods and services in the community.
- the need to protect intellectual creation and investment produced in the community against unfair exploitation by users in non-member states.
- the need to limit the restrictive effects of copyright on competition especially in technology related areas such as a computer software and industrial design.
51
Which six areas did the Commission identify in the Green Paper where immediate action was required?
- piracy enforcement
- audiovisual
- home coping distribution
- right exhaustion and rental rights
- computer programs
- databases and multilateral and bilateral external relations.
52
What is not covered by a competence of the EU legislator?
The moral rights system, the personal protection of author.
53
What is established in article 17 of the Charter of Fundamental Rights?
That the intellectual property shall be protected.
54
Are there different translations of the article 17 of the Charter of Fundamental Rights?
Yes.
55
Which articles are the legal basis for EU's competences?
Articles 114. and 115. of the Treaty on the Functioning of EU.
56
How many directives and amendments provides the EU's legislator on the basis of articles 114 and 115 of the Treaty on the Functioning of EU?
Eleven directives with two amendments.
57
How many cases regarding copyright are in the Court of Justice?
More than 90.
58
Are there any general provisions concerning copyright rules in the EU?
No.
59
What is the InfoSoc directive?
A quite general directive concerning exclusivity principle, scope of exclusive rights and enforcement measurements.
60
Is a Fair Use clause provided in the EU's legislation?
No.
61
What is the heart to the copyright spine?
Protection subject matter.
62
What is the first question concerning protection subject matter?
How to build a new work protected under copyright legal system.
63
Despite the national differences in legislation can we still provide some universal requirements and assertions regarding the protection subject matter in copyright?
Yes.
64
What is the basic principle concerning protection subject matter in copyright?
The basic principle is the idea of expression dichotomy and it is the most ambiguous, sometimes also arbitrary, principle, but of great importance for corporately legal system.
65
What are the consequences of the basic principle concerning protection subject matter in copyright?
- the fixation requirement
| - originality requirement
66
What is the idea expression dichotomy?
The most important principle that lies on the foundations of the copyright legal system.
67
What is the background of the idea expression dichotomy?
The idea should remain free for society, as free as the air. It cannot be monopolized to have an idea.
68
What did the Justice Hand commented in case Nichols vs. Universal Pictures?
That the distinction between ideas and expression will seem arbitrarily.
69
What provides the distinction between ideas and expressions?
It provides a way of reconciling two competing interests; the interest in rewarding ingenuity and the interest in allowing the public to benefit from new works by order authors on the same subject depending on what the purpose of copyright is so that the distinction between the unprotected idea and protected form of expression ought to be drawn.
70
How does the dichotomy of ideas and expressions help copyright?
It helps copyright to strike appropriate balance between different interests of rights holders, users and all the interested parties.
71
Is the boundary between unprotect-able ideas and protectable expressions easy to draw?
No.
72
What is possible in the jurisdictions of common law countries like US or the UK regarding copying?
The creator may infringe code pride by appropriating the action of a play or novel, even if none of the words are taken.
73
What is the main problem in the boundary between unprotect-able ideas and protectable expressions?
How we ought to understand the term idea within the context of the idea expression dichotomy.
74
What did the court held in the case Stowe vs. Thomas?
It held that an authorized German translation of the complete text of the novel did not infringe Stowe his copyright.
75
What did the court held in Baigent vs. Random House?
It held that Dan Brown's book did not infringe copyright.
76
Can copyright monopolize historical research knowledge?
No.
77
What is the famous Level case about?
The court in Netherlands asked the Court of Justice whether a taste of a food product might be a subject protected under copyright regime.
78
Name some basic facts regarding the idea expression dichotomy.
- copyright denies protection to bare facts brought information or mere formulas.
- expression requires something more than the raw idea as an expression
- fixation is a necessary prerequisite
79
What kind of form a work has to take through fixation?
A tangible form and the relatively stable and permanent and embodiment, according to some jurisdictions.
80
Does a mere performance qualify as fixation?
No, but it is applicable in some jurisdictions.
81
What is the recently much discussed case?
Concerning copyright protection of smell or taste.
82
What did the Supreme Court in the Netherlands held under the Dutch Copyright Act?
It held that under the Dutch Copyright Act due to the very general definition of the types of works stand being a product of suspect susceptible to human perception and having its own and original character and carrying the personal stamp of the creator can be copyright protected work irrespective of the fact that '' the human or factory organs have a limited ability to distinguish sense that degree to which separate sense can be distinguished significantly differs from one person to another.''
83
What did the French Supreme Court held in 2006 in the Barbier case?
It previously held that a fragrance does not constitute a tangible form of expression and therefore is not subject to copyright protection.
84
When was again confirmed by the French Supreme Court that perfumes are not copyrightable under French copyright law?
In 2013.
MIP Copyright
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