2.1.4-5 Is a table of contents of a legal commentary which simply follows the structure of the Copyright Act protected by copyright? What about a legal thesis following the author’s structure and arrangement of the content?

A table of contents only falls under copyright when it can be viewed as an intellectual creation with sufficient individuality pursuant to Art. 2 para. 1 CopA. As the structure of the Copyright Act is followed in the legal commentary, it lacks the required individuality; the table of contents is not sufficiently unique and creative.The situation is different for the table of contents of the thesis. In this case, the contents of the work are structured in a form which does not exist, so the table of contents is considered to be a creative effort of the author.