The Supreme Court held that “uses in any other manner” as provided in Article 172a, para. 1 of the Criminal Code covers any possible use of a copyright protected work. It is not necessary to refer to additional statutory rules, because “uses in any other manner” as one of the forms of unauthorised use is clear and refers to any illegal use, i.e. use without the authorisation of the right holder, in any form and in any manner. All possible uses of a work are included, irrespective of whether a specific form or manner of use is expressly mentioned in a statutory act or not. “Use” shall be understood as including any action, i.e. the actus reus of the crime does not include omissions.

A full summary of this case has been published on Kluwer IP Law


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