The defendant, the so-called “cooperative of CD co-owners”, abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test under Article 29(1) of Copyright Act, while he operates as a covert form of lending company (see previously reported cases concerning cooperatives of CD co-owners, in Kluwer database). The court, as in previous cases, stressed the defendants liability for infringement of related rights (performing artists, sound recording companies) and in addition to other claims (injunction etc.), claims for information has been awarded on a large scale. This decision is a significant precedent in the field of copyright and related rights. For the first time, right of information has been accorded against the defendant.
The full summary of this case has been posted on Kluwer IP Law.
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