in an original manner and achieve a result which is an intellectual creation of that
author...a graphic user interface is not a form of expression of that program... thus is not
protected by copyright as a computer program. Nevertheless, such an interface can be
protected by copyright as a work by Directive 2001/29 if that interface is its author’s
own intellectual creation. A GUI can only be protected by copyright generally if it
could be considered the authors own intellectual creation, ‘the graphic user interface
can, as a work, be protected by copyright if it is its author’s own intellectual creation.
The court explained that to determine originality that one must consider, ‘the specific
arrangement or configuration of all the components which form part of the graphic user
interface... in that regard, that criterion cannot be met by components of the graphic user
interface which are differentiated only by their technical function. Therefore
originality cannot be fulfilled where the expression of those components is dictated by
their technical function. Intellectual creation was again discussed in the joint cases of
Karen Murphy and FAPL which provides an example of a work that cannot satisfy the
intellectual creation standard. The joint case concerned premier league football matches
and whether sporting events could be considered original. It was held sporting events
could not be intellectual creations and therefore were not original because they involved
no creative freedom, ‘sporting events cannot be regarded as intellectual creations
classifiable as works within the meaning of the Copyright Directive. That applies in
particular to football matches, which are subject to rules of the game, leaving no room
for creative freedom for the purposes of copyright. Accordingly, those events cannot be