Reproduction (right of)

The right of reproduction is set out in Article 2 of Directive 2001/29/EC (the Copyright Directive or Infosoc Directive), which requires that EU member states must provide for the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part: (a) for authors, of their works; (b) for performers, of fixations of their performances; (c) for phonogram producers, of their phonograms; (d) for the producers of the first fixations of films, in respect of the original and copies of their films; (e) for broadcasting organisations, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite.

Case Law, CJEU, Communication (right of), European Union, France, Legislative process, Reproduction (right of)

(Institute for Information Law (IViR))/ /Leave a comment

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…

Case Law, CJEU, Italy, Legislative process, Limitations, Reproduction (right of)

(University of Milan)/ /Leave a comment

1. Introduction As reported previously on the Kluwer Copyright Blog, on 22 September 2016 the Court of Justice of the European Union (‘CJEU’ or ‘Court’) ruled on Case C-110/15 (Microsoft Mobile Sales International and others Vs MIBACT and SIAE) regarding the private copying exception in Article 5.2 b of Directive 2001/29/EC (the ‘InfoSoc Directive’). The…

Case Law, CJEU, Collective management, European Union, France, Legislative process, Reproduction (right of)

(REALEX)/ /Leave a comment

The French Act No. 2012-287 of 1 March 2012 ‘on the digital exploitation of unavailable books of the twentieth century’ created a specific compulsory collective management system for out-of-commerce books, in Articles L.134-1 to L.134-9 French intellectual property Code (‘IPC’). These new provisions were intended to allow the digitisation and reissuing of books that are…

Collective management, Communication (right of), France, Legislative process, Reproduction (right of)

(REALEX)/ /Leave a comment

A new French Law provides that search engines using thumbnails will have to pay royalties via a compulsory collective management for the reproduction of photographs and images. The French Act No. 2016-925 of 7 July 2016 on freedom of creation, architecture and cultural heritage contains several provisions on copyright that modify the intellectual property Code…

Case Law, Infringement, Limitations, Making available (right of), Reproduction (right of), Sweden

, (Lindahl)/ /1 Comment

Question referred to the Supreme Court by Stockholm District Court in a case between Bildupphovsrätt i Sverige ek.för. (BUS) vs Wikimedia Sverige (Case nr Ö 849-15) On 4th April 2016 the Supreme Court handed down its decision in a case between Bildupphovsrätt i Sverige (BUS) and Wikimedia Sverige. The question referred to the Supreme Court…

Communication (right of), European Union, Infringement, Legislative process, Liability, Limitations, Making available (right of), Reproduction (right of)

(Geistwert)/ /Leave a comment

When a new disruptive innovation comes around, the question always arises as to whether the current legal regimes can provide answers to all potential legal questions arising out of such new technologies and their business cases. The process for obtaining legal certainty may take some time, especially with regard to computer related technology: e.g., whilst…

Belgium, Case Law, Collective management, European Union, Legislative process, Remuneration (equitable), Reproduction (right of)

(Marx, Van Ranst, Vermeersch & Partners)/ /Leave a comment

Case C‑572/13, HP v. Reprobel, 12 November 2015 By Philippe Laurent and Céline Wulleman, Marx Van Ranst Vermeersch & Partners As we know, Member States may adopt exceptions to the reproduction right of authors in the cases and under the conditions listed in Article 5 of Directive 2001/29. Some of those exceptions may be transposed…

Database right, European Union, Legislative process, Limitations, Making available (right of), Reproduction (right of)

(Schulich School of Law )/ /Leave a comment

…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:…

Database right, European Union, Legislative process, Limitations, Making available (right of), Reproduction (right of)

(Schulich School of Law )/ /Leave a comment

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…

Collective management, European Union, Limitations, Making available (right of), Netherlands, Reproduction (right of)

(Institute for Information Law (IViR))/ /Leave a comment

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…