Overview of Pending and Recent Rulings by the CJEU and ECtHR on Media Law (from May 2016 to May 2017)

This e-presentation offers an overview of pending and recently adopted (2016-2017) judgments of the Court of Justice and the General Court of the European Union and the European Court of Human Rights with an impact on the media sector. It includes rulings on copyright (for example C-160/15, GS Media, C-527/15, Filmspeler, or C-275/15, ITV Broadcasting), on advertising (C-611/14, Canal Digital Denmark) and on the interpretation of the AVMSD (T-618/16, Netflix), as well as rulings on data protection (C-202/15 Tele 2 Sverie).

Prof. Dr. Mark D. Cole

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Question 1 of 3

Question 1: Under Art 4(2) of the Information Society Directive (Directive 2009/29) , the distribution right shall not be exhausted:

within the Community in respect of the original or copies of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder or with his consent.

at international level in respect of the original or copies of the work, except where the first sale or other transfer of ownership of that object is made by the right holder or with his consent.

within the Community in respect of the original of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder and without his consent.

Question 2 of 3

Question 2: According to the Information Society Directive, exhaustion of the distribution right applies:

to the intangible object of a protected work.

to the tangible object of a protected work.

to both intangible and tangible object of a protected work.

Question 3 of 3

Question 3: In order to avoid infringement of reproduction right, the original acquirer reselling copy of a computer program:

must make own copy unusable.

must make own copy usable for a limited time period.

must save a copy of the work.