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Stamatoudi, Irini A. --- "Originality under EU copyright law" [2017] ELECD 1292; in Torremans, Paul (ed), "Research Handbook on Copyright Law" (Edward Elgar Publishing, 2017) 57

Book Title: Research Handbook on Copyright Law

Editor(s): Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785361425

Section: Chapter 3

Section Title: Originality under EU copyright law

Author(s): Stamatoudi, Irini A.

Number of pages: 28

Abstract/Description:

This chapter explores the notion of originality in EU law in the light of the EU Court of Justice’s recent case-law. According to this case-law, there is now a uniform criterion of originality in the EU for all copyright works irrespective of their type. According to it, a work is original if it is its author’s own intellectual creation, i.e., its author needs to have made free and creative choices and stamp the work with his ‘personal touch’. No other condition is required for a work to be copyright protected apart from originality. Keywords: Originality, originality in EU law, uniform application of EU law, Infopaq case, Murphy case, BSA case, Football Dataco case, Painer case, SAS case, originality in software/computer programs