Subject Matter (Book Chapter)

Research Handbook on The Future of EU Copyright, 2009

30 Pages Posted: 16 May 2014

Date Written: 2009

Abstract

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.

Suggested Citation

Aplin, Tanya F., Subject Matter (Book Chapter) (2009). Research Handbook on The Future of EU Copyright, 2009. Available at SSRN: https://ssrn.com/abstract=2437006

Tanya F. Aplin (Contact Author)

King's College London ( email )

Dickson Poon School of Law
The Strand
London, WC2R 2LS
United Kingdom
+44 (0)20 7848 1049 (Phone)

HOME PAGE: http://www.kcl.ac.uk/law/people/academic/taplin.aspx

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