# C_2010011EN.01001401.xml

| 16.1.2010 | EN | Official Journal of the European Union | C 11/14 |
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16.1.2010

EN

Official Journal of the European Union

C 11/14

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Reference for a preliminary ruling from the Nejvyšší správní soud (Supreme Administrative Court) (Czech Republic) lodged on 5 October 2009 — Bezpečnostní softwarová asociace (Security software association) v Ministerstvo kultury ČR (Ministry of Culture of the Czech Republic)

(Case C-393/09)

2010/C 11/24

Language of the case: Czech

Referring court

Referring court

Nejvyšší správní soud (Supreme Administrative Court) (Czech Republic)

Parties to the main proceedings

Parties to the main proceedings

Applicant: Bezpečnostní softwarová asociace (Security software association)

Applicant:

Defendant: Ministerstvo kultury ČR (Ministry of Culture of the Czech Republic)

Defendant:

Questions referred

Questions referred

| 1. | Should Article 1(2) of Council Directive 91/250/EEC (1) of 14 May 1991 on the legal protection of computer programs be interpreted as meaning that, for the purposes of the copyright protection of a computer program as a work under that directive, the phrase ‘the expression in any form of a computer program’ also includes the graphic user interface of the computer program or part thereof? |
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1.

Should Article 1(2) of Council Directive 91/250/EEC (1) of 14 May 1991 on the legal protection of computer programs be interpreted as meaning that, for the purposes of the copyright protection of a computer program as a work under that directive, the phrase ‘the expression in any form of a computer program’ also includes the graphic user interface of the computer program or part thereof?

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| 2. | If the answer to the first question is in the affirmative, does television broadcasting, whereby the public is enabled to have sensory perception of the graphic user interface of a computer program or part thereof, albeit without the possibility of actively exercising control over that program, constitute making a work or part thereof available to the public within the meaning of Article 3(1) of European Parliament and Council Directive 2001/29/EC (2) of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society? |
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2.

If the answer to the first question is in the affirmative, does television broadcasting, whereby the public is enabled to have sensory perception of the graphic user interface of a computer program or part thereof, albeit without the possibility of actively exercising control over that program, constitute making a work or part thereof available to the public within the meaning of Article 3(1) of European Parliament and Council Directive 2001/29/EC (2) of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society?

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(1)  Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (OJ 1991 L 122, p. 42).

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(2)  Corrigendum to Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10).

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