Are tweets protected by copyright? Well, it would seem that under EU law – or rather CJEU understanding of EU law – the answer should be in the affirmative. In its 2009 decision in Infopaq, the court found that copyright may subsist in a text extract of 11 words and – more in general – it subsists whenever a work is its author’s own intellectual creation.
As fans of all things EU copyright will know, the EU standard of originality has been subsequently defined further, and found to involve ‘creative freedom’, a ‘personal touch’, and ‘free and creative choices’.
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