Originality of a work of authorship in Czech and French law and in the case law of the CJEU
Vol.16,No.31(2025)
Review of Law and Technology
The article explores the concept of originality in copyright works under French law and in the case law of the Court of Justice of the European Union (hereinafter the "Court of Justice"). It examines the historical and doctrinal development of this concept in the French legal tradition, including Henri Desbois’ subjective theory and its transformation under the influence of modern decisions by French courts. At the same time, it analyses how the French understanding of originality has influenced the Court's case law and how the Court has worked to harmonize the standard of originality within the EU. The article also draws comparisons with Czech copyright law and its relation to the concepts of uniqueness and originality. The aim is to highlight the trend in EU law toward the unification of the notion of originality and the effort to overcome national specificities.
copyright law; originality; uniqueness; authorship; France; CJEU; harmonization
s. 3–24
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Copyright © 2025 Kristýna Korbelová