Advanced

On Author, Copyright and Originality: does the unified EU originality standard correspond to the digital reality in Wikipedia?

Lukoseviciene, Aurelija LU (2017) In Masaryk University Journal of Law and Technology 11(2).
Abstract
This article is contributing to the future of copyright law debate by exploring the recently harmonised originality standard in the EU copyright law and its suitability to a creative sharing community of Wikipedia. It shows that the “free creative choices” and “author’s personal” touch criteria established by the CJEU might be unsuitable not only because of practical concerns, but also because the understanding of “author” they are based on does not match the understanding possessed by Wikipedia community. The concepts of author (or rather author and Wikipedian) are compared through three key elements: author’s relationship with work, author’s relationship with others and presumptions about author’s personality and creative process.
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
law, copyright law, rättsvetenskap, upphovsrätt
in
Masaryk University Journal of Law and Technology
volume
11
issue
2
publisher
Faculty of Law, Masaryk University
external identifiers
  • scopus:85030700055
ISSN
1802-5943
DOI
10.5817/MUJLT2017-2-2
language
English
LU publication?
yes
id
a8a26c72-0cbb-4212-851b-6488a82c748b
date added to LUP
2017-10-09 11:11:09
date last changed
2017-10-22 05:36:40
@article{a8a26c72-0cbb-4212-851b-6488a82c748b,
  abstract     = {This article is contributing to the future of copyright law debate by exploring the recently harmonised originality standard in the EU copyright law and its suitability to a creative sharing community of Wikipedia. It shows that the “free creative choices” and “author’s personal” touch criteria established by the CJEU might be unsuitable not only because of practical concerns, but also because the understanding of “author” they are based on does not match the understanding possessed by Wikipedia community. The concepts of author (or rather author and Wikipedian) are compared through three key elements: author’s relationship with work, author’s relationship with others and presumptions about author’s personality and creative process.},
  author       = {Lukoseviciene, Aurelija},
  issn         = {1802-5943},
  keyword      = {law,copyright law,rättsvetenskap,upphovsrätt},
  language     = {eng},
  month        = {09},
  number       = {2},
  publisher    = {Faculty of Law, Masaryk University},
  series       = {Masaryk University Journal of Law and Technology},
  title        = {On Author, Copyright and Originality: does the unified EU originality standard correspond to the digital reality in Wikipedia?},
  url          = {http://dx.doi.org/10.5817/MUJLT2017-2-2},
  volume       = {11},
  year         = {2017},
}