Institutul G. Călinescu

Provisional text OPINION OF ADVOCATE GENERALSPIELMANNdelivered on 26 June 2025 (1)Case C‑649/23 Institutul de Istorie şi Teorie Literară „G. Călinescu”and Fundaţia Naţională pentru Ştiinţă şi Artăv HK, as heir of TB,VP,GR(Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie (High Court of Cassation and Justice, Romania))( Reference for a preliminary ruling – Copyright and related rights – Directive 2001/29/EC – Article 2 – Reproduction right – Critical edition of a pre-existing work aimed at reconstructing a Latin-language manuscript – Concept of a ‘work’ – Observance of copyright ) Introduction 1.        Authors’ works have not always been protected. Although the development of the printing press enabled the first rights to exploitation of works to be granted to printers under licence, (2) the ‘Statute of Anne’ of 10 April 1710 (3) is considered to be the first piece of legislation protecting the interests of authors. The legal construct of copyright is also to be found in certain currents of philosophical thought, from which it is clear in particular that a man who is the owner of his work can, with certain reservations, acquire a share of the common resources to which he adds that work and thereby make those resources his property. In that regard, it is natural for him to be granted rights over the ‘fruit of his labour’. (4)2.        However, copyright is not the only right attending the life of a work. Rights related to copyright are granted to...