Since the creation of what at the time was called European Community, as far as copyright laws across Europe are concerned, there have been acute differences across the
various jurisdictions of Member States and especially between the common law tradition
of the UK
and Ireland
and that of the prevalent
civil law
in continental Europe.
Through the years, these differences have caused major problems in the Internal Market
and the EU has been trying to resolve them.
In recent decades, the originality
standard, which constitutes the only prerequisite for the protection of a work by copyright law, has been further clarified and reached an important extent of harmonization
across the Union, as far as the subject
-
matter covered by it is concerned (software, database and photographs), in particular through the respective Directives issued, but
also in recent years, on the basis of several judgments of the Court of Justice of the
European Union (CJEU), including Infopaq, BSA, Football Association, Football Dataco
and Painer. This dissertation attempts to evaluate the contribution of this legislation
and case law on the harmonization of EU copyright law, the implications of this harmonization on domestic laws of Member States such as the UK, Germany and Greece
and what could be further done, in order for a more substantial harmonization to be
achieved, possibly through a uniform law on copyright, especially after the entry into
force
of the Lisbon Treaty Reform, which makes an EU Regulation on copyright law
seem more feasible than ever before
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