Recent CJEU Judgments on EU Copyright Law (2016-2017)

This e-presentation gives an overview of recent key judgments on copyright adopted by the Court of Justice of the European Union. Some opinions issued by its Advocates General are also presented. These rulings concern issues such as communication to the public in the online environment (C-160/15 GS Media), the liability of intermediary service providers in relation to commercial wireless networks (C-484/14 Tobias McFadden), and the private copying exception as applied for cloud computing service technologies (C- 265/16 VCAST Limited v RTI SpA).

Maciej Szpunar

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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.