A full summary of this case has been published on Kluwer IP Law and the case has been discussed on the Kluwer Copyright Blog here.
The CJEU held that Article 2(a) and Article 3(1) of Directive 2001/29 preclude national legislation that gives an approved collecting society the right to authorise the digital reproduction and communication to the public of ‘out-of-print’ books while allowing the authors of those books (or their successors in title) to oppose or put an end to that practice on conditions laid down by such legislation.
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