Can a Digitised Version Obtain Copyright Protection Within the EU?
This chapter examines the ability of a digitised version of a rare document recording public domain textual content to qualify for copyright protection within the EU legal framework. It provides a brief overview of the digitisation process, particularly focusing on the nature and extent of human involvement in the creation of a digitised version. It analyses the ability of a digitised version to fulfil the harmonised EU standard of originality (i.e., author’s own intellectual creation standard), as that standard has been interpreted and applied by the Court of Justice of the European Union (CJEU) and the national courts of the United Kingdom (UK), Germany, and France. It further explores the possibility for a digitised version to qualify for copyright protection under the traditional standards of originality that prevail(ed) in these jurisdictions prior to the introduction of the harmonised EU standard.