Abstract

This paper deals with the problem of the copyrightability of a magazine layout, which raises a lot of concerns not only in the practice of designing press material, but also in copyright law worldwide. More recently the European Union’s Court of Justice answered a few questions about layout copyrightability using computer games as an example. It is worth stressing that the point of view of the CJEU finds lines of comparison with the US point of view of jurisprudence and doctrine. The CJEU seems to base its findings on the merger doctrine, which very much resembles the US useful articles doctrine. Also, according to the US Copyright Office, the graphics formatted on the pages as well as the short phrases and their arrangements on the page are uncopyrightable. This is because of the fact that providing protection of such formats and layouts would unacceptably constrain the means of expression on web pages and in magazines. In order to see whether this interpretation is also acceptable under the Polish copyright law there has been a lot of emphasis made on magazine design rules and regulations. Admittedly, in many cases, a magazine designer meets the doctrine of the merger requirements. When we take into consideration that the layout design is not only about providing an appealing look for the magazine but is also a useful article, we have to ask to what extent is it possible to protect the layout of a magazine.