Friday, October 15, 2010

GA Delivered Opinion in C-393/09

As Huťko previously reported in January (background of the case), the Supreme Administrative Court of Czech Republic referred following questions to the Court of Justice:

1. Should Article 1(2) of Council Directive 91/250/EEC 1 of 14 May 1991 on the legal protection of computer programs be interpreted as meaning that, for the purposes of the copyright protection of a computer program as a work under that directive, the phrase 'the expression in any form of a computer program' also includes the graphic user interface of the computer program or part thereof?

2. If the answer to the first question is in the affirmative, does television broadcasting, whereby the public is enabled to have sensory perception of the graphic user interface of a computer program or part thereof, albeit without the possibility of actively exercising control over that program, constitute making a work or part thereof available to the public within the meaning of Article 3(1) of European Parliament and Council Directive 2001/29/EC 2 of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society?
Today, General Advocate Yves Bota published it's opinion on the issue (not in English yet).

1. The graphical user interface is not a form of expression of a computer program within the meaning of Article 1(2) of Council Directive 91/250/EEC 1 of 14 May 1991 on the legal protection of computer programs, and is not covered by protection conferred in this directive.

2. If the graphical user interface is own intellectual creation of the author, it will be protected as a work within the meaning of Article 2(a) of European Parliament and Council Directive 2001/29/EC 2 of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society.

3. The television broadcasting of the graphical user interface is not the making a work available to public within the meaning of Article 3(1) of European Parliament and Council Directive 2001/29/EC 2 of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society, since the broadcasting causes that graphical user interface looses it's nature of a work within the meaning of Article 2 a) of this directive.

Translated by Huťko (so mistakes could occur) from the Czech version of the opinion.


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