Work Test
Tags: creatief, creatieve keuzes, creative, creative choices, eigen oorspronkelijk karakter, original, origineel, own personal character, personal stamp, persoonlijke stempel, werk, werktoets, work, work test.
The work test is the measure used to test whether something is a “work” within the meaning of the Copyright Act and therefore enjoys copyright protection. The test was developed by the Supreme Court in the judgment in Van Dale / Romme (HR 04 January 1991, NJ 1991, 608).
Original and Creative
It was ruled that a work should have:
-
its own original character; and
- a personal stamp from the maker.
In short, the work test boils down to the fact that a work must be original and that the maker has made certain creative choices.
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