requiring more than mere labour to be exercised, still protects trivial works and centres
protection on the creator’s process not on the wider impact protection has on
copyright’s social purposes. Despite using different terminology the intellectual creation
standard seems no better suited to determining copyright subsistence. Trivial works
adding little to society’s knowledge base such as newspaper headlines would still
qualify for protection. This has been exemplified in subsequent UK cases where
although the EU terminology was adopted it was held to make little difference to the
result with basic works being considered original. In Temple Island Collections Limited
v New England Teas the intellectual creation standard was treated as an amalgamation
with the traditional UK approach, ‘these elements above derive from and are the
expression of the skill and labour exercised by Mr Fielder, or in Infopaq terms, they are
his intellectual creation’ and ‘the composition of the image can be the product of the
skill and labour (or intellectual creation) of a photographer and it seems to me that skill
and labour/intellectual creation directed to that end can give rise to copyright’.
Whilst the judiciary seem reluctant to recognise the potential reforming impact of the
Infopaq decision, the ECJ has discussed the intellectual creation standard in more detail
in subsequent cases which challenges the notion in Meltwater that the UK sweat of the
brow originality has not been altered. . In the BSA case the CJEU held that the GUI
could not be protected as a computer program under the software directive however
held it was possible to protect the GUI under general copyright protection, ‘the
components of a graphic user interface do not permit the author to express his creativity
requiring more than mere labour to be exercised, still protects trivial works and centresprotection on the creator’s process not on the wider impact protection has oncopyright’s social purposes. Despite using different terminology the intellectual creationstandard seems no better suited to determining copyright subsistence. Trivial worksadding little to society’s knowledge base such as newspaper headlines would stillqualify for protection. This has been exemplified in subsequent UK cases wherealthough the EU terminology was adopted it was held to make little difference to theresult with basic works being considered original. In Temple Island Collections Limitedv New England Teas the intellectual creation standard was treated as an amalgamationwith the traditional UK approach, ‘these elements above derive from and are theexpression of the skill and labour exercised by Mr Fielder, or in Infopaq terms, they arehis intellectual creation’ and ‘the composition of the image can be the product of theskill and labour (or intellectual creation) of a photographer and it seems to me that skilland labour/intellectual creation directed to that end can give rise to copyright’. Whilst the judiciary seem reluctant to recognise the potential reforming impact of theInfopaq decision, the ECJ has discussed the intellectual creation standard in more detailin subsequent cases which challenges the notion in Meltwater that the UK sweat of thebrow originality has not been altered. . In the BSA case the CJEU held that the GUIcould not be protected as a computer program under the software directive howeverheld it was possible to protect the GUI under general copyright protection, ‘thecomponents of a graphic user interface do not permit the author to express his creativity
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