No L 122/42 Official Journal of the European Communities 17. 5. 91 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 14 May 1991 on the legal protection of computer programs (91/250/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community and in particular Article 100a thereof, Having regard to the proposal from the Commission ('), In cooperation with the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas computer programs are at present not clearly protected in all Member States by existing legislation and such protection, where it exists, has different attributes ; Whereas the development of computer programs requires the investment of considerable human, technical and financial resources while computer programs can be . copied at a fraction of the cost needed to develop them independently ; Whereas computer programs are playing an increasingly important role in a broad range of industries and computer program technology can accordingly be consi- dered as being of fundamental importance for the Community’s industrial development; () OJ No C 91, 12. 4. 1989, p. 4; and 0OJ No C 320, 20. 12. 1990, p. 22. (» OJ No C 231, 17. 9. 1990, p. 78 ; and Decision of 17 April 1991. yet published in the Official Journal). () OJ No C 329, 30. 12. 1989, p. 4. Whereas certain differences in the legal protection of computer programs offered by the laws of the Member States have direct and negative- effects on the functioning of the common market as regards computer programs and such differences could well become greater as Member States introduce new legislation on this subject; Whereas existing differences having such effects need to be removed and new ones prevented from arising, while differences not adversely affecting the functioning of the common market to a substantial degree need not be removed or prevented from arising; Whereas the Community’s legal framework on the protection of computer programs can accordingly in the first instance be limited to establishing that Member States should accord protection to computer programs under copyright law as literary works and, further, to esta- blishing who and what should be protected, the exclusive rights on which protected persons should be able to rely in order to authorize or prohibit certain acts and for how long the protection should apply; Whereas, for the purpose of this Directive, the term ‘computer program’ shall include programs in any form, including those which are incorporated into hardware ; whereas this term also includes preparatory design work leading to the development of a computer program provided that the nature of the preparatory work is such that a computer program can result from it at a later stage ; Whereas, in respect of the criteria to be applied in deter- mining whether or not a computer program is an original work, no tests as to the qualitative or aesthetic merits of the program should be applied;