Newspaper articles not creative enough. An issue for the CJEU?

Kluwer Copyright blog just published my article about ECOPRESS v. STORIN, which denied copyright protection on newspaper articles (reported by IPKat here). In article, I outline the background of the case, give some comments on compatibility with last European cases and mention that our European Information Society Institute, is now preparing amicus curiae brief before

European Originality Doctrine – Another Step Further?

Story of European originality concept seems to be evolving with every possible court case. For those who don´t know what I am talking about, a brief summary first. CJEU first in Infopaq C-5/08 expanded Union law concept of originality to the other works that photographs, databases and computer programs, which have their own directives. Later

Functionality & Expression-Idea Dichotomy Under New European Doctrine of ´Work´

Some of readers might be aware of a pending copyright case Oracle v. Google in the United States. It looks like Oracle is trying to rely on copyright protection of the following subject matter (quoted from Groklaw): .. its “selection, arrangement and structure” of elements in the APIs described by the 37 API specifications ..

Messing Up With ‘Krteček’

Czech server reports that a toy producer, and exclusive licensee, who is producing various goods depicting main character from the Czech cartoon ‘The Mole’ (Krteček) (on the right) just won the case before Supreme Court of Czech republic (23 Cdo 2500/2010) initiated against a company which was selling the confusingly similar toys without any license from

Abuse of Copyright Exception for Personal Use

Interesting news coming via Kluwer Copyright Blog by Tomáš Dobřichovský from Kříž & Bělina. Mr. Dobřichovský reports decision rendered by High Court in Prague (Vrchní soud v Praze) on 20th of April 2010. The defendant, the so-called “cooperative of CD co-owners” abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test

Every Thesis Defended in Slovakia will be Compulsory Published Online

In the end of the last year Slovak parliament passed (and President signed) so called anti-plagiarism amendment of the Act on Schools of Higher Education (hereinafter as “the Act”). This amendment basically legislates that each student of Slovak university have to give his consent (license) to have his thesis published online, otherwise he wont be