CCPlusDesign.EU - Or How to Apply Creative Commons Licences to 3D Printed Products in the Light of the Most Recent Developments of the European Court of Justice Case Law

18 Pages Posted: 29 May 2015

See all articles by Thomas Margoni

Thomas Margoni

Centre for IT & IP Law (CiTiP), Faculty of Law - KU Leuven; University of Glasgow - School of Law - CREATe

Date Written: May 27, 2015

Abstract

The paper starts with an attempt to clarify and explain the interface between copyright and design rights protection in relation to the originality standard under EU law. It looks in particular at the partial/perfect cumulation of protections as established in the relevant legislation (the Design Directive and the Community Design Regulation) and interpreted by the ECJ. Moreover, the paper tries to establish the real implications of the Flos v Semeraro decision in the area of copyright originality and its harmonisation. The paper then moves to an analysis of Creative Commons licences, both version 3.0 and the newly released version 4.0. It tries to determine under which conditions a blueprint or digital file released under CC licences can be 3D printed in a physical object, that is to say it tries to establish the legal relationship between the digital file and its manufacturing in order to determine how far copyright protection - and contract law - can reach. In the last part, the paper tries to provide a set of normative elements based on copyright, design and contract law that will constitute the legal framework for an Open Design model.

Keywords: copyright, originality, design rights, cumulability, ECJ, Flos v Semeraro, contracts, creative commons, 3D printed products, open design, EU law

Suggested Citation

Margoni, Thomas, CCPlusDesign.EU - Or How to Apply Creative Commons Licences to 3D Printed Products in the Light of the Most Recent Developments of the European Court of Justice Case Law (May 27, 2015). Available at SSRN: https://ssrn.com/abstract=2611152 or http://dx.doi.org/10.2139/ssrn.2611152

Thomas Margoni (Contact Author)

Centre for IT & IP Law (CiTiP), Faculty of Law - KU Leuven ( email )

Brussels
Belgium

University of Glasgow - School of Law - CREATe ( email )

Scotland
United Kingdom

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