Directive 2001/29/EC

According to the ECJ, the sale of second-hand e-books is an act of communication to the public, subject to the copyright holder’s authorisation

By Alessandro Pala and Elena Martini

With a judgement dated 19 December 2019 (C 263/18) the ECJ issued an important decision concerning the interpretation of Article 2 and Article 3 of Directive 2001/29/EC in relation to the sale of second-hand e-books.

The dispute at the basis of the decision was
initiated […]

By |04 02 2020|Uncategorized|0 Comments|

ECJ: the storage of goods bearing a copyrighted motif can be an infringement of the exclusive right of distribution

(by Gaia Gusmini and Luigi Manna)

With the judgement of 19 December, the European Court of Justice (case C-572/17) ruled on the interpretation of Article 4 paragraph 1 of Directive 2001/29/EC which, as known, provides authors the exclusive right to authorise or prohibit any form of distribution to the public […]

By |06 02 2019|Uncategorized|0 Comments|

The taste of a food product is not eligible for copyright protection, according to the ECJ

The European Court of Justice, in a recent judgement dating 13 November 2018 (case C 310/17), gave a preliminary ruling concerning the interpretation of the concept of a ‘work’ under Directive 2001/29/EC on copyright and the possibility of including the taste of a food product in its definition.

The dispute […]

By |12 12 2018|Uncategorized|0 Comments|

To the ECJ, the sale of devices allowing the TV streaming of online copyright-protected works without the consent of the right holders is unlawful

By ruling of 26 April (case C-527/15), the European Court of Justice (ECJ) stated on a reference for a preliminary ruling proposed by a Dutch court in the context of a dispute between Stichting Brein, a foundation protecting the interests of copyright holders, and a seller of multimedia players allowing […]

By |08 06 2017|Uncategorized|0 Comments|

The ECJ rules on hyperlinks and copyright infringement

By the decision of 8 September 2016 (case C-160/15), the European Court of Justice (ECJ) ruled on a reference for a preliminary ruling by the Dutch Supreme Court, with which the latter requested it to assess whether posting hyperlinks giving access to protected works published online without the authorisation […]

By |26 09 2016|Uncategorized|0 Comments|

To the ECJ, the broadcasting of TV programmes in a rehab facility constitutes a “communication to the public”

On 31 May 2016, by request of the Regional Court of Cologne, the European Court of Justice (ECJ) defined the correct interpretation to be given to the concept of “communication to the public” of copyright works (case C-117/15).

The issue arose in the context of proceedings started by GEMA, the […]

By |23 06 2016|Uncategorized|0 Comments|