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[steering-discuss] Re: screen-shots Documentation Team


Le 09/07/11 23:26, Bernhard Dippold a écrit :

Hi all,

Someone suggested I sling in some caselaw or other references on whether
copyright protection is available for UIs :

US
Just one caselaw review :
http://www.legalserviceindia.com/articles/crind.htm

Europe
In European Union Court of Justice Case C-393/09 :
http://kluwercopyrightblog.com/2011/03/24/protection-of-guis-graphical-user-interfaces-some-comments-about-the-ecj-%E2%80%98s-preliminary-ruling-in-bsa-v-ministervo-kultury/

involving the BSA against the Ministry of Culture of the Czech Republic
relating tp television broadcasting of user interface.

What the latter ruling states is that copyright is not available under
the Computer Program Copyright Directive 91/250/EEC, as that is intended
to protect code per se. However, copyright is available for UIs under
the more general Copyright Directive 2001/29/EC, providing that they
meet the criteria for awarding copyright, i.e. originality, author's own
work, etc.


So to all those naysayers who think that no-one sues anyone else over UI
elements - wake up, and take stock. Am I paranoid ? No, but people do
get sued. Do I represent the BSA ? No, but I know "peers" that do, and
believe me, love it or hate it, the BSA do sue people.


Please, by all means, get an opinion, hell, get several opinions, most
likely they will all be as different as there are different states in
the world.


Alex




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