26In order to determine whether a text or certain elements thereof may be regarded as ‘works’ within the meaning of Article 2(a) of Directive 2001/29, and, consequently, may be protected by copyright, it is for the national court to ascertain whether, in drafting that text, the author was able to make free and creative choices capable of conveying to the reader the originality of the subject matter at issue, with such originality arising from the choice, sequence and combination of the words by which the author expressed his or her creativity in an original manner and achieved a result which is an intellectual creation (see, to that effect, judgments of 16 July 2009, Infopaq International, C‑5/08, EU:C:2009:465, paragraphs 45 to 48, and of 29 July 2019, Funke Medien NRW, C‑469/17, EU:C:2019:623, paragraphs 22 and 23).