“Copyright of an Insurance Package”
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The design of an insurance package (instructions for the package) qualifies as a “work” within the meaning of Art. 1(1) of the CRR as it is a product of a person’s actions, has a fixed form, demonstrates creative elements and has individual features, even if its content is to a certain extent determined by law.
The creative (original) character is manifested in a creative combination of insurance products, which have been formed by their specific selection and compilation, the creation of a special, simplified and completely new tariff for them, and giving the package a form which is simplified and useful for agents.
Copyright protection cannot be excluded on the grounds that such a package is a procedure, a method or a principle of operation, in accordance with Art. 1(2) of the CRR, as such a package is a way of expressing specific directives of conduct, the determination of which was creative and fully individual.
The claim for payment of remuneration for using the work with the consent of the author and the claim for compensation for infringement of proprietary copyrights (use without consent) are not only different claims according to substantive law but also different procedural demands.
As such, a request for payment of remuneration results in the interruption of the limitation period of the claim for payment of remuneration and does not affect the period of limitation of the claim for compensation.
The appropriate remuneration measure is that which the entitled party would receive if the infringer had concluded a contract with the author for the use of the work in the scope of the violation.
Priority is given to the will of the parties expressed in an agreement for the use of the work and only in the absence of relevant provisions is the scope of granted rights and benefits arising from the use of the work taken into account.