Making available (right of)

The right of making available to the public is part of the right of communication to the public set out in Article 3(1) of Directive 2001/29/EC (the Copyright Directive or Infosoc Directive), which requires that EU member states must provide authors with the exclusive right to authorise or prohibit any communication to the public of their works by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.

Case Law, Communication (right of), Digital Single Market, Germany, Infringement, Making available (right of)

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Decision of the German Bundesgerichtshof (“BGH”) of July 9, 2015, file no. I ZR 46/12 (“Die Realitaet II”) The CJEU confirmed in Svensson that linking to content may be a public communication where it reaches a new public. Some issues, however, remained unresolved. One open question is whether linking to illegal content always reaches a…

Database right, European Union, Exceptions and Limitations, Legislative process, Making available (right of), Reproduction (right of), Text and Data Mining (TDM)

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…and they show overwhelming support for the introduction of a mandatory copyright exception for text and data mining for both commercial and non-commercial purposes. Back in September, we launched a blog poll on the potential introduction of a mandatory text and data mining exception. We asked our blog readers their views on the following statements:…

European Union, Legislative process, Making available (right of)

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E-book lending in public libraries (e-lending) and the need to extend the public lending right (PLR) to these practices has been discussed on several recent occasions. Following the Sieghart report on e-lending in 2013, the UK government has extended the PLR to e-book downloads occurring within the premises of UK libraries. In 2013-14 the Commission…

Database right, European Union, Exceptions and Limitations, Legislative process, Making available (right of), Reproduction (right of), Text and Data Mining (TDM)

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In the September 3rd edition of Science∣Business, Julia Reda, German Pirate Party member of the European Parliament (MEP) sitting on the EP Justice Committee, was said to be confident that a mandatory text and data mining (TDM) deal could be introduced for researchers. This should come as music to the ears of the members of…

Case Law, Infringement, Making available (right of), Portugal, Remedies, Remuneration (equitable)

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The installation of TV sets in hotel rooms, which show videograms through the TV signal distributed by a cable operator, constitutes a public performance and the making available to the public of those videograms.  Consequently, authorisation is required from concerned rightholders and equitable remuneration is payable under the relevant provisions of the Code of Copyright and Related Rights…

Collective management, European Union, Exceptions and Limitations, Making available (right of), Netherlands, Private copying, Reproduction (right of)

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Since 2012 a multidisciplinary research group at the Institute for Information Law (IViR), University of Amsterdam has been conducting a large-scale empirical study of Alternative Compensation Systems (ACS). In simple terms, ACS are legal mechanisms that for a small monthly fee would authorize non-commercial online uses by individuals, including the downloading and sharing of protected…

Case Law, Enforcement, Infringement, Making available (right of), Portugal

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The Supreme Court held that pictures of tryptic paintings, as copyrightable artistic works, cannot be used as decoration of shops and on online catalogues without the authorisation of the owner of the copyright in those paintings. A full summary of this case has been published on Kluwer IP Law

Belgium, Case Law, Collective management, Communication (right of), Digital Single Market, Making available (right of)

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On the 13th March 2015, the President of the Brussels French speaking Court of First Instance pronounced a judgment to the detriment of Sabam, an important collective management organisation in Belgium. In 2011 Sabam decided to claim a fee from Internet access providers in exchange for a licence which allows these providers to communicate copyright…

Exceptions and Limitations, Legislative process, Making available (right of), Netherlands, Ownership, Transfer (of right)

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The Netherlands Organisation for Scientific Research (NWO), the main public funding agency in the country, has been enforcing already for a few years an Open Access (OA) policy for the dissemination of the results of the research that it finances (both publications and data). The NWO does not mandate a specific form of OA: Green…

Case Law, CJEU, Communication (right of), Digital Single Market, European Union, Infringement, Making available (right of)

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On 26 March, the Court of Justice of the European Union (CJEU) handed down Case C-279/13 C More Entertainment, the latest decision regarding the right of communication to the public in the context of websites providing links to content. In this particular case, C More provided live broadcasts of ice hockey matches on the Internet for payment of…