Gradual Harmonisation Of The Threshold Of Originality

The objective of the EU Information Society Directive is to harmonise certain aspects of copyright, but does not provide for harmonisation of the threshold of originality, the concept to define a copyrighted work. Although considered to be left up to the member states to define (as is illustrated by art 17 Designs Directive), the CJ in case after case is nevertheless harmonising the concept of copyright protection. First, by defining the originality threshold for each type of work:

• In case C-5/08 Infopaq International of 16 July 2009 a first step towards harmonisation was taken, when the CJ considered in respect of a text excerpt consisting of 11 words, that copyright applies only to a subject matter which is original in the sense that it is its author's own intellectual creation.