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European Legislation

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University of Glasgow
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Running head: EUROPEAN LEGISLATION 1
European Legislation
Student’s Name
University

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EUROPEAN LEGISLATION 2
Question One
Although the United Kingdom has its distinct set of domestic laws, the influence of EU
legislation and jurisprudence from the Court of Justice of the European Union (CJEU) is
prominent. Mainly, the standardization of European Union legislation across all EU member
states, including the UK, is enforced through interpretations of the CJEU. Even with the
prospects of Brexit, the prevailing laws from the European Union will remain in force until they
are repealed at the domestic level. One of the areas in which the European Union exerts
influence over local regulations is in the copyright laws and precisely the standard for originality
in LDMA works. Through the jurisprudence of the CJEU, the protection of literary, dramatic,
musical, and artistic work was based on a lower originality requirement (Margoni, 2016).
Inherently, this provision is beneficial because copyright benefits would be transferred to owners
of artistic works even when they do not originally come from them.
Besides, the European Union legislation affects local standards for originality by
requiring stricter punishment as deterrence for infringement of copyrights. This provision is
desirable as it enhances the rights of content creators and artists through the deterrence of
copyright infringement from third parties. Similarly, the jurisprudence of the CJUE through the
term and Database Directive protects recitals, computer programs, and design material to the
extent that they are the author’s own intellectual creation (Rosati, 2019). Through these laws, the
creativity and innovation of artists and creators are conferred with greater protection regardless
of the artistic merit. The CJEU jurisprudence further considers all works to be considered
original only when the works were the author’s own intellectual creation. In contrast, the UK
local regulations had significant distinctions between the thresholds of protection for different

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Running head: EUROPEAN LEGISLATION European Legislation Student’s Name University 1 EUROPEAN LEGISLATION 2 Question One Although the United Kingdom has its distinct set of domestic laws, the influence of EU legislation and jurisprudence from the Court of Justice of the European Union (CJEU) is prominent. Mainly, the standardization of European Union legislation across all EU member states, including the UK, is enforced through interpretations of the CJEU. Even with the prospects of Brexit, the prevailing laws from the European Union will remain in force until they are repealed at the domestic level. One of the areas in which the European Union exerts influence over local regulations is in the copyright laws and precisely the standard for originality in LDMA works. Through the jurisprudence of the CJEU, the protection of literary, dramatic, musical, and artistic work was based on a lower originality requirement (Margoni, 2016). Inherently, this provision is beneficial because copyright benefits would be transferred to owners of artistic works even when they do not originally come from them. Besides, the European Union legislation affects local standards for originality by requiring stricter punishment as deterrence for infringement of copyrights. This provision is desirable as it enhances the rights of content creators and artists through the deterrence of copyright infringement from third parties. Similarly, the jurisprudence of the CJUE through the term and Database ...
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