INFOSOC DIRECTIVE PDF

However, that court deemed it unclear whether the defendant could invoke the digital exhaustion of the right of distribution in relation to its e-book business. Is Article 4 1 of the InfoSoc Directive to be interpreted as meaning that "any form of distribution to the public of the original of a work or a copy thereof by sale or otherwise" includes the making available remotely by means of downloading for use for an unlimited period of time of an e-book ie a digital copy of a copyright book by paying a price that the copyright holder receives as remuneration and which corresponds to the economic value of that copy of the work? If Question 1 is to be answered in the affirmative, is the right of distribution in relation to the original or copies of a work as referred to in Article 4 2 of the InfoSoc Directive exhausted in the Union with the first sale or other transfer of the original or a copy thereof, including the remote downloading of an e-book ie a digital copy of a copyright book for use for an unlimited period by paying a price which the copyright holder receives as remuneration and which corresponds to the economic value of that copy of a work, within the Union by the rightholder or with his permission? Is Article 2 of the InfoSoc Directive to be interpreted as meaning that any transfer between subsequent purchasers of a legally obtained copy in respect of which the right of distribution has been exhausted is tantamount to consenting to the acts of reproduction referred to therein, in so far as those acts of reproduction are necessary for the lawful use of that copy and, if so, what conditions would apply? Is Article 5 of the InfoSoc Directive to be interpreted as meaning that the copyright owner cannot oppose the acts of reproduction in relation to a lawfully obtained copy in respect of transfers between subsequent purchasers and in relation to which the right of distribution has been exhausted and, if so, what conditions would apply? We now have to wait for the assignment of a number to this case and publication of details as well as an official translation of the questions on the Curia website: stay tuned!

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Rights[ edit ] Articles 2—4 contain definitions of the exclusive rights granted to under copyright and related rights. The related right for authors to authorise or prohibit any form of distribution to the public by sale or otherwise is provided for in Article 4 exhaustion rights.

The Copyright Directive makes only one exception obligatory: transient or incidental copying as part of a network transmission or legal use.

Hence internet service providers are not liable for the data they transmit, even if it infringes copyright. The other limitations are optional, with Member States choosing which they give effect to in national laws.

Article 5 2 allows Member States to establish copyright exceptions to the Article 2 reproduction right in cases of: photographic reproductions on paper or any similar medium of works excluding sheet music provided that the rightholders receives fair compensation, reproductions on any medium made by a natural person for private use which is non-commercial provided that the rightholders receives fair compensation, reproduction made by libraries, educational establishments, museums or archives, which are non-commercial archival reproductions of broadcasts, reproductions of broadcasts made by "social institutions pursuing non-commercial purposes, such as hospitals or prisons" provided that the rightholders receives fair compensation.

Member States must also provide "adequate legal protection" against the manufacture, import, distribution, sale, rental, advertisement, or possession "for commercial purposes of devices, products or components or the provision of services which": are promoted, advertised or marketed for the purpose of circumvention of, or have only a limited commercially significant purpose or use other than to circumvent, or are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of, any effective technological measures.

Unlike Section of the Digital Millennium Copyright Act , which only prohibits circumvention of access control measures, the Copyright Directive also prohibits circumvention of copy protection measures, making it potentially more restrictive. Under the DMCA, potential users who want to avail themselves of an alleged fair use privilege to crack copy protection which is not prohibited would have to do it themselves since no equipment would lawfully be marketed for that purpose.

Under the Copyright Directive, this possibility would not be available since circumvention of copy protection is illegal.

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Cofemel v G-Star Raw (C-683/17) and its effect on UK copyright law before and after Brexit

Rights[ edit ] Articles 2—4 contain definitions of the exclusive rights granted to under copyright and related rights. The related right for authors to authorise or prohibit any form of distribution to the public by sale or otherwise is provided for in Article 4 exhaustion rights. The Copyright Directive makes only one exception obligatory: transient or incidental copying as part of a network transmission or legal use. Hence internet service providers are not liable for the data they transmit, even if it infringes copyright. The other limitations are optional, with Member States choosing which they give effect to in national laws. Article 5 2 allows Member States to establish copyright exceptions to the Article 2 reproduction right in cases of: photographic reproductions on paper or any similar medium of works excluding sheet music provided that the rightholders receives fair compensation, reproductions on any medium made by a natural person for private use which is non-commercial provided that the rightholders receives fair compensation, reproduction made by libraries, educational establishments, museums or archives, which are non-commercial archival reproductions of broadcasts, reproductions of broadcasts made by "social institutions pursuing non-commercial purposes, such as hospitals or prisons" provided that the rightholders receives fair compensation. Member States must also provide "adequate legal protection" against the manufacture, import, distribution, sale, rental, advertisement, or possession "for commercial purposes of devices, products or components or the provision of services which": are promoted, advertised or marketed for the purpose of circumvention of, or have only a limited commercially significant purpose or use other than to circumvent, or are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of, any effective technological measures.

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EUR-Lex Access to European Union law

Harmonisation of the laws of the Member States on copyright and related rights contributes to the achievement of these objectives. This requires, inter alia, the existence of an internal market for new products and services. Important Community legislation to ensure such a regulatory framework is already in place or its adoption is well under way. Copyright and related rights play an important role in this context as they protect and stimulate the development and marketing of new products and services and the creation and exploitation of their creative content.

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Copyright law of the European Union

Search Menu While the history of copyright law in the European Union EU dates back to the early days of the European Economic Community EEC , this field of law has gained real significance only after legislation started being enacted at the turn of the s and s. The first vertical directives of the EEC first and then the EC and the EU focused only on specific copyright issues computer programs; broadcasting through satellite and cable services; certain economic rights of copyright and related right holders; term of protection; and database. The EU copyright regime has been constantly analysed in treatises and textbooks, including the works by Walter and von Lewinski, 2 Pila and Torremans, 3 Kur and Dreier 4 and Seville textbooks, 5 just to name a few. The book provides for both a horizontal and a vertical analysis of the InfoSoc Directive. Although these national chapters vary both in length and depth, they follow the main logic of the InfoSoc Directive. Thus, they discuss national approaches to relevant economic rights rights of reproduction, distribution and communication to the public and making available to the public ; 6 limitations and exceptions; 7 technological protection measures and rights-management information; 8 and sanctions and remedies.

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