C-393/09

Bezpecnostni Softwarova Asociace v Svaz Softwarove Ochrany

The case raises the following questions which have been sent to the European Court of Justice for a preliminary ruling:

1. Should Article 1(2) of Council Directive 91/250/EEC 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 programme of part thereof?

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 exercising control over the program, constitute making work or part thereof available to the public within the meaning of Article 3(1) of European Parliament and Council Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society?