Threshold of Author’s Own Intellectual Creation
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The harmonization of copyright protection for databases was done in the background of uncertainty with the threshold of originality required for protection of compilations in Europe. The Directive left the meaning assigned to author’s own intellectual creation AOIC undefined after the harmonization. At the European level, CJEU interpreted the scope of Article 3 in Football Dataco decision. According to CJEU there are certain guidelines to be followed by a database maker to merit copyright protection, but the threshold should be decided by the courts in member states. The CJEU held that scope of Article 3 is only limited to storage and processing of existing data.