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.

Communication (right of), Distribution (right of), Exhaustion, Making available (right of), Reproduction (right of)

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

As the jurisprudence of the European Court of Justice and ongoing discussions in the EU legislature illustrate, the economic rights granted to right holders under EU copyright law – the rights of reproduction, communication to the public and distribution – have become increasingly unpredictable. While the right of reproduction already covers almost every direct or…

Communication (right of), Enforcement, France, Infringement, Liability, Reproduction (right of)

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At the end of 2017, HADOPI published an important survey on its activities for the period 2016-2017. It gives interesting and useful information on the graduated response created by the French legislator to fight online infringement directly at the source, by educating internet users and dissuading them from unlawfully downloading and/or sharing (and if possible…

Digital Single Market, European Union, Legislative process, Making available (right of), Reproduction (right of)

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On 14 September 2016, a proposal for a Directive on Copyright in the Digital Single Market saw the light of day. The proposal is part of the EU copyright reform package, which has as its objective to modernise EU Copyright rules for the digital age, thereby attaining the objectives set out earlier in the Digital…

Exceptions and Limitations, Germany, Infringement, Legislative process, Reproduction (right of)

(Zschunke)/ /1 Comment

Introduction On 30 June 2017, the German “Bundestag” adopted the “Act to Align Copyright Law with the Current Demands of the Knowledge-based Society” (“Urheberrechts-Wissensgesellschafts-Gesetz- UrhWissG”). It essentially reforms the terms of use of copyright protected works in the fields of education and research and will come into force on 1 March 2018. This new Act…

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

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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, Exceptions and Limitations, Italy, Legislative process, Reproduction (right of)

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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…

Austria, Case Law, CJEU, Distribution (right of), Infringement, Making available (right of), Reproduction (right of)

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Placing a copyright-infringing armchair in a hotel lobby does not qualify as “distribution”, but displaying a photo of it on the hotel’s website does qualify as “making available” under copyright law.  This is the outcome of a recent Austrian Supreme Court judgment, notable for its reversal of the decision of that same court in the…

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

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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)

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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, Exceptions and Limitations, Infringement, 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…