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Kamina, Pascal --- "The Subject-Matter for Film Protection in Europe" [2009] ELECD 163; in Derclaye, Estelle (ed), "Research Handbook on the Future of EU Copyright" (Edward Elgar Publishing, 2009)

Book Title: Research Handbook on the Future of EU Copyright

Editor(s): Derclaye, Estelle

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203922

Section: Chapter 4

Section Title: The Subject-Matter for Film Protection in Europe

Author(s): Kamina, Pascal

Number of pages: 25

Extract:

3 Subject matter
Tanya Aplin



Introduction
This chapter examines the extent to which the European Union (`EU'), in the
field of copyright or droit d'auteur,1 has adopted harmonized notions of
subject matter and whether a unified approach to determining protectable
subject matter should be adopted in the future. The discussion occurs in
several sections. Sections 1 and 2 set the scene by addressing the international
position under the Berne Convention for the Protection of Literary and Artistic
Works 1886 (`Berne') and the basic differences between EU Member States.
Section 3 discusses the EU harmonization of copyright law protection of
subject matter to date, while Section 4 assesses the extent to which this harmo-
nization has been successful. Finally, Section 5 analyses whether further
harmonization should occur, in particular, in respect of the definition of
computer programs, and whether there should be a unified `open list' or
`closed list' approach.

1. International position
In considering the scope of subject matter protected by copyright or droit
d'auteur the logical starting point is, of course, Berne. Article 2(1) of Berne
stipulates that `the expression "literary and artistic works" shall include every
production in the literary, scientific and artistic domain, whatever may be the
mode or form of its expression' and goes on to provide an extensive but non-
exhaustive list of examples. Some of the more notable works listed are: books,
lectures, dramatic works, musical compositions, cinematographic works,
paintings, sculptures, photographic works, and works of applied art. The prin-
...


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