Originality in EU Copyright

Originality in EU Copyright

Full Harmonization through Case Law

Eleonora Rosati

Full harmonization of the copyright laws of EU Member States has long been a holy grail for copyright lawyers, but with the reality thus far being only limited harmonization resulting from ad-hoc legislative interventions, there are serious questions over the feasibility and indeed desirability of this goal. Notwithstanding, as this book makes eloquently clear, whilst legislative initiatives have been limited, the CJEU has been acting proactively, establishing through its decisional practice the de facto harmonization of an important principle of copyright: the originality requirement.

Chapter 6: The future of copyright at the EU level: The shape of harmonization

Eleonora Rosati

Subjects: law - academic, intellectual property law

Extract

As far as the US debate is concerned, it is sufficient to recall the proposal launched by Pamela Samuelson, directed at a radical revision of the 1976 Copyright Act, which she has defined as ‘akin to an obese Frankensteinian monster’. Samuelson has argued that current US copyright law is too lengthy, complex and unbalanced in many respects, and that it lacks normative heft, since it is difficult to extract rationales of protection – and corresponding limitations – from the overly detailed provisions contained in the Act. Thus, she has suggested the idea of drafting a model law or principles project, as a platform from which to launch specific copyright reforms aimed at restoring a positive and more normatively appealing vision of copyright than exists today. In the view of Samuelson, a model copyright law must include the following core elements: subject-matter, eligibility criteria for specific people and works, exclusive rights, duration, limitations and/or exceptions to those exclusive rights, infringement standards and remedies. Criticisms of the current US copyright statute have also been raised more recently by Jessica Litman, who has highlighted its flaws with respect to the core objectives of any copyright system, these being production, dissemination, and enjoyment of works of authorship. In particular, she has objected to the 1976 Act, as it is said to create high entry barriers for creators, impose problematic impediments on intermediaries, and inflict burdensome conditions and hurdles on users of copyright-protected materials.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information