Guide<\/a> aims to give \u2018answers to the most frequently asked questions (FAQs) average consumers have in relation to copyright for all twenty-eight EU Member States.\u2019 The present Summary Report highlights the convergences and differences in national copyright laws in relation to the 15 consumer questions.<\/p>\nMost Member States require that a work present a degree of \u2018originality\u2019 in order to qualify for copyright protection. Usually, there is no statutory definition in this regard, but courts have established a number of criteria that can be applied to an individual case; these criteria may vary from Member State to Member State.<\/p>\n
However, many experts refer to the threshold of protection as defined by the CJEU, suggesting that a work must be the \u2018author\u2019s own intellectual creation\u2019. Variations of that wording include \u2018personal intellectual creation\u2019 (DE), \u2018original creation\u2019 (ES), \u2018own individual creation\u2019 (LT), or the threshold of \u2018peculiarity\u2019 (AT). Some experts state that a work is original when it reflects the author\u2019s own creative choices (e.g. DK, HR, the Netherlands (NL), AT, UK), or the author\u2019s personality (e.g. FR).<\/p>\n
Traditionally, the threshold of protection has been lower in copyright systems mainly based on the common-law tradition, as confirmed by the experts from Cyprus, Malta, Ireland and the United Kingdom. In Cyprus, for example, a photograph is protected when a consumer has \u2018not copied it from another work. It does not further need to express creativity.\u2019 In Malta, a photograph will be protected \u2018provided that the author can demonstrate some degree of time, skill and labour in producing the photograph\u2019.<\/p>\n
As regards copyright protection for photographs, some criteria may suggest that a photograph is an author\u2019s own intellectual creation: in Denmark, for example, a photographer\u2019s creative choices may be shown by \u2018such issues as the background, the subject\u2019s pose, the lighting, the framing, the angle of view and the atmosphere created\u2019. Creative choices can also be made by using particular developing techniques. In one of its opinions, the Finnish Copyright Council held that \u2018a photo was considered original when the end-result was a dramatic feeling that the photographer had created through creative choices in his use of lighting, timing, composition and demarcation.\u2019<\/p>\n
Apart from copyright protection, in some Member States \u2018special rights\u2019 or related rights protection is also available for photographs (DK, DE, ES, IT, AT, Slovak Repulic (SK), FI, SE). This entails that non-original photographs or photographs with a very low degree of originality (e.g. \u2018snapshots\u2019) also enjoy protection. The scope of protection is often narrower and the term of protection is shorter.<\/p>\n
In Spain, for example, \u2018mere photographs are granted fewer rights (the exploitation rights of reproduction, distribution and communication to the public \u2013 no right of transformation, no moral rights, and no remuneration rights) and for a shorter term (25 years from its making) than photographic works\u2019. In Germany, a related right protects simple photographs \u2018to the same extent as authors\u2019 rights\u2019. In Bulgaria, there is a special regime for portrait photography, providing that the consent of the photographed person does not affect the copyright of the photographer.<\/p>\n
No registration is necessary in order for copyright protection to arise. Protection usually arises \u2018at the moment of creation of a work\u2019, that is to say, usually the \u2018moment of expression of the work in any objective form that allows its perception and copying\u2019. Sometimes, the exercise of certain moral rights, for example, the right to be identified as the author or director may require prior assertion by the author.<\/p>\n
Different possibilities for voluntary deposit or registration exist in several Member States. Such an act of \u2018registration\u2019 exclusively serves administrative or evidential purposes; it has no effect on copyright protection itself. The possibilities suggested include deposit with a notary public (BG, CZ), CRMO (CZ, EE, IT, LT), IP offices (Benelux, DE \u2013 for anonymous and pseudonymous works, ES \u2013 general IP Registry, HU, RO, SI), different public and private institutions (EL \u2013 National Library, the Parliament Library and Public Libraries, HR \u2013 Croatian Copyright Agency, IT, LT, PT, SK), online repositories\/registries, or individual measures such as adding a note or sending oneself an email or a telefax or by \u2018sending and receiving by registered mail a self-addressed letter containing the author\u2019s work\u2019.<\/p>\n","protected":false},"excerpt":{"rendered":"
There has been published a very useful guide for consumers and for anyone who is curious about copyright. This guide explains different things, relating to IP rights, in simple way. The project has been commissioned by the European Union intellectual<\/p>\n
Continue readingConsumers\u2019 FAQs on copyright: the principle of automaticity of copyright protection<\/span><\/a><\/div>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,11,6,18,13,1],"tags":[],"class_list":["post-1015","post","type-post","status-publish","format-standard","hentry","category-copyright","category-eu","category-intellectual-property","category-law","category-research","category-uncategorised","entry"],"_links":{"self":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/posts\/1015","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/comments?post=1015"}],"version-history":[{"count":0,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/posts\/1015\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/media?parent=1015"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/categories?post=1015"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/tags?post=1015"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}