RIDA 253 | 07-2017

Case law

Economic rights

Pierre SIRINELLI, Alexandra BENSAMOUN

Code : 253-CJP
Keywords :
Related rights, neighbouring rights, software, computer program, Distribution right, Rental, Library, Communication to the public, Internet, Streaming, Platform

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The Court of Justice of the European Union is continuing its work to define – redefine? – the contours of the monopoly. The first axis, adding to the abundant case law on the subject, seeks to increase, or to confirm, the scope of the right of communication to the public (First Axis). The second expands the reach of the “rental-lending” directive to cover digital lending (Second Axis). Lastly, the Court has maintained its UsedSoft case law concerning the exhaustion of the distribution right and, in passing, has provided some new points on the reproduction right (Third Axis). All in all, while it is hard to discern a general direction, these decisions prove, if proof were still needed, the creative power of European case law in the field of authors’ rights.

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