EU Copyright Originality Analysis Skill

JD
Joris Deene

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I am delighted to see that Lawve AI (which collaborates with Anthropic to bring community-built legal Skills directly into Claude) has accepted my originality in european copyright skill.

This skill determines whether a given subject matter qualifies for copyright protection under EU law by applying the Cofemel two-step test (concept of work + originality), grounded in fifteen CJEU judgments (including the most recent Mio/Konektra and Calinescu) and the four EU directive provisions on originality. It argues from one of two positions: pro-rightsholder (establishing that the work is original) or pro-alleged-infringer (contesting work status or originality via the four exclusion grounds — technical function, rule-dictated outcome, sweat of the brow, idea/functionality). It includes sector-specific modules for photography, software/GUI, sporting events, databases, applied art, functional texts, derivative works/critical editions, and multimedia works.

Feel free to further refine the skill to suit your own member state level.

JD

Author

Joris Deene

As a partner at Everest Advocaten, I specialize in intellectual property law (copyright, trademark law, patent law), new technologies, privacy and data protection law, media law, software protection, and cybercrime. In addition to being an attorney, I am also a DPO, a third-party adjudicator in .be domain name disputes (Cepani), and a member of the Intellectual Property Council. I am a guest lecturer at Ghent University and regularly conduct training sessions and webinars.

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