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The concept of work in European Copyright law

UCLan Cyprus School of Law Research Semina 10,
Tuesday 18th March, 13:345 – 14:45

Dr Tatiana Synodinou (Department of Law, University of Cyprus)

The concept of work is primordial in copyright law since copyright protection is not awarded indistinctively to all the products of the human intellect, but only to intellectual creations that could be classified as original works of mind. Therefore, it seems natural that a harmonized copyright law framework in the EU comprises a common definition of the work of mind as the copyright protectable subject matter. Nonetheless, this initial finding neglects the strong organic link of the concept of work with national cultures. What is art? What is worth being protected by copyright law? A unanimous answer to these questions is hard to be found even inside national boundaries. The aim of this presentation is to analyze the evolutions in respect of the concept of work in European copyright law. The major development until now has been the establishment of a European definition of originality. At the same time significant divergences continue to exist in respect of other criteria for the award of the protection of copyright law, such as the prerequisite of fixation and the choice for an open or, on the contrary, closed list of categories of protected works of mind. 

Dr Tatiana Synodinou is Assistant Professor at the Law Department of the University of Cyprus.

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