The project is concerned with the “infringement assessment” in copyright law, namely the assessment of whether an alleged infringing object is so similar to a copyrighted work that it constitutes a copyright infringement. The purpose of the project is to establish a European model for this assessment, based on a fragmented and sparse landscape of EU law, supplemented with fundamental rights legislation and case law from selected national jurisdictions.
While the concrete infringement assessment is performed by national courts, EU legislation and case law set out certain criteria and boundaries for the assessment. It is necessary to identify and analyse these criteria, in order to determine the scope of national court’s discretion when performing the infringement assessment. The project raises questions about what can be derived from EU law in situations where there is quite little case law, and also about the requirements for proper implementation of EU secondary legislation.
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