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Threshold of Author’s Own Intellectual Creation

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Abstract

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.

Keywords

Council Directive Literary Work Copyright Protection Threshold Requirement Telephone Directory 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Nature Singapore Pte Ltd. 2017

Authors and Affiliations

  1. 1.Centre for Intellectual Property and Technology Law, Jindal Global Law SchoolO.P. Jindal Global UniversitySonipatIndia

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