Czy jest miejsce na harmonizację pojęcia utworu? Parę słów o orzecznictwie Trybunału Sprawiedliwości Unii Europejskiej

Abstract

The above article presents considerations regarding notion of a work in copyright law, however – to limit the scope of the discussion – solely from the perspective of the EU law: in particular, against the background of the CJEU’s jurisprudence and planned amendments in copyright law, particularly on the basis of the Commision’s project on digital single market. The article includes, firstly, the discrepancies in interpretation of work within the legal systems of the EU Member States and the EU legal framework itself, secondly, it also researches for an answer to the question on the legal basis of harmonisation the work concept in copyright law. Thirdly, the author attempts to answer question what is the direction of future legislation of the EU legislator in regard to the work concept in copyright law.

Keywords

• copyright law
• work
• EU law
• the Court of Justice of the European Union (the CJEU)