Subject Matter (Book Chapter)
Research Handbook on The Future of EU Copyright, 2009
30 Pages Posted: 16 May 2014
Date Written: 2009
This chapter examines the extent to which the European Union (‘EU’), in the field of copyright or droit d’auteur, has adopted harmonized notions of subject matter and whether a unified approach to determining protectable subject matter should be adopted in the future. The discussion occurs in several parts. Parts I and II set the scene by addressing the international position under the Berne Convention for the Protection of Literary and Artistic Works 1886 (‘Berne’) and the basic differences between EU Member States. Part III discusses the EU harmonization of copyright law protection of subject matter to date, while Part IV assesses the extent to which this harmonization has been successful. Finally, Part V analyses whether further harmonization should occur, in particular, in respect of the definition of computer programs, and whether there should be a unified ‘open list’ or ‘closed list’ approach.
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