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Liliia Oprysk, Secondary communication under the EU copyright acquis after Tom Kabinet: Between exhaustion and securing work’s exploitation, 11 (2020) JIPITEC 200 para 1.
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%0 Journal Article %T Secondary communication under the EU copyright acquis after Tom Kabinet: Between exhaustion and securing work’s exploitation %A Oprysk, Liliia %J JIPITEC %D 2020 %V 11 %N 2 %@ 2190-3387 %F oprysk2020 %X Since the adoption of the InfoSoc Directive, the CJEU has been dealing with a variety of questions on the interpretation of the broad right of communication to the public. A substantial share of the references for a preliminary ruling concerns secondary communication, which relies on communication initially authorised by the right holder. Despite the seemingly clear language of Article 3(3) of the InfoSoc Directive denying the exhaustion of communication right, the Court has occasionally exempted secondary acts from the authorisation of the right holder, relying on the arguments resembling the exhaustion principle of the right of distribution in respect of the tangible copies of a work. In the recent Tom Kabinet judgment, the CJEU denied the direct application of the principle in the case of the resale of e-books facilitated by the Tom Kabinet platform. Whereas the judgment is of significance to the future of the exhaustion principle under the acquis, this article focuses on its broader implications on secondary communication. The article argues that the decision is in line with the developments under the jurisprudence but is by no means a final say on the extent of exclusive control over secondary communication in the digital environment. Besides raising the question of appropriate boundaries of the exclusive rights and their role in the digital markets, the judgment invites the legislator to revise the framework and restore the legal certainty in respect of the scope of exclusive control over the work’s communication to the public. %L 340 %K CJEU %K Tom Kabinet %K UsedSoft %K communication to the public %K digital exhaustion %K new public %U http://nbn-resolving.de/urn:nbn:de:0009-29-50954 %P 200-214Download
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@Article{oprysk2020,
author = "Oprysk, Liliia",
title = "Secondary communication under the EU copyright acquis after Tom Kabinet: Between exhaustion and securing work's exploitation",
journal = "JIPITEC",
year = "2020",
volume = "11",
number = "2",
pages = "200--214",
keywords = "CJEU; Tom Kabinet; UsedSoft; communication to the public; digital exhaustion; new public",
abstract = "Since the adoption of the InfoSoc Directive, the CJEU has been dealing with a variety of questions on the interpretation of the broad right of communication to the public. A substantial share of the references for a preliminary ruling concerns secondary communication, which relies on communication initially authorised by the right holder. Despite the seemingly clear language of Article 3(3) of the InfoSoc Directive denying the exhaustion of communication right, the Court has occasionally exempted secondary acts from the authorisation of the right holder, relying on the arguments resembling the exhaustion principle of the right of distribution in respect of the tangible copies of a work. In the recent Tom Kabinet judgment, the CJEU denied the direct application of the principle in the case of the resale of e-books facilitated by the Tom Kabinet platform. Whereas the judgment is of significance to the future of the exhaustion principle under the acquis, this article focuses on its broader implications on secondary communication. The article argues that the decision is in line with the developments under the jurisprudence but is by no means a final say on the extent of exclusive control over secondary communication in the digital environment. Besides raising the question of appropriate boundaries of the exclusive rights and their role in the digital markets, the judgment invites the legislator to revise the framework and restore the legal certainty in respect of the scope of exclusive control over the work's communication to the public.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-50954"
}
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TY - JOUR AU - Oprysk, Liliia PY - 2020 DA - 2020// TI - Secondary communication under the EU copyright acquis after Tom Kabinet: Between exhaustion and securing work’s exploitation JO - JIPITEC SP - 200 EP - 214 VL - 11 IS - 2 KW - CJEU KW - Tom Kabinet KW - UsedSoft KW - communication to the public KW - digital exhaustion KW - new public AB - Since the adoption of the InfoSoc Directive, the CJEU has been dealing with a variety of questions on the interpretation of the broad right of communication to the public. A substantial share of the references for a preliminary ruling concerns secondary communication, which relies on communication initially authorised by the right holder. Despite the seemingly clear language of Article 3(3) of the InfoSoc Directive denying the exhaustion of communication right, the Court has occasionally exempted secondary acts from the authorisation of the right holder, relying on the arguments resembling the exhaustion principle of the right of distribution in respect of the tangible copies of a work. In the recent Tom Kabinet judgment, the CJEU denied the direct application of the principle in the case of the resale of e-books facilitated by the Tom Kabinet platform. Whereas the judgment is of significance to the future of the exhaustion principle under the acquis, this article focuses on its broader implications on secondary communication. The article argues that the decision is in line with the developments under the jurisprudence but is by no means a final say on the extent of exclusive control over secondary communication in the digital environment. Besides raising the question of appropriate boundaries of the exclusive rights and their role in the digital markets, the judgment invites the legislator to revise the framework and restore the legal certainty in respect of the scope of exclusive control over the work’s communication to the public. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-50954 ID - oprysk2020 ER -Download
Wordbib
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ISI
PT Journal AU Oprysk, L TI Secondary communication under the EU copyright acquis after Tom Kabinet: Between exhaustion and securing work’s exploitation SO JIPITEC PY 2020 BP 200 EP 214 VL 11 IS 2 DE CJEU; Tom Kabinet; UsedSoft; communication to the public; digital exhaustion; new public AB Since the adoption of the InfoSoc Directive, the CJEU has been dealing with a variety of questions on the interpretation of the broad right of communication to the public. A substantial share of the references for a preliminary ruling concerns secondary communication, which relies on communication initially authorised by the right holder. Despite the seemingly clear language of Article 3(3) of the InfoSoc Directive denying the exhaustion of communication right, the Court has occasionally exempted secondary acts from the authorisation of the right holder, relying on the arguments resembling the exhaustion principle of the right of distribution in respect of the tangible copies of a work. In the recent Tom Kabinet judgment, the CJEU denied the direct application of the principle in the case of the resale of e-books facilitated by the Tom Kabinet platform. Whereas the judgment is of significance to the future of the exhaustion principle under the acquis, this article focuses on its broader implications on secondary communication. The article argues that the decision is in line with the developments under the jurisprudence but is by no means a final say on the extent of exclusive control over secondary communication in the digital environment. Besides raising the question of appropriate boundaries of the exclusive rights and their role in the digital markets, the judgment invites the legislator to revise the framework and restore the legal certainty in respect of the scope of exclusive control over the work’s communication to the public. ERDownload
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 11 (2020) 2 |
|---|---|
| Title |
Secondary communication under the EU copyright acquis after Tom Kabinet: Between exhaustion and securing work’s exploitation (eng) |
| Author | Liliia Oprysk |
| Language | eng |
| Abstract | Since the adoption of the InfoSoc Directive, the CJEU has been dealing with a variety of questions on the interpretation of the broad right of communication to the public. A substantial share of the references for a preliminary ruling concerns secondary communication, which relies on communication initially authorised by the right holder. Despite the seemingly clear language of Article 3(3) of the InfoSoc Directive denying the exhaustion of communication right, the Court has occasionally exempted secondary acts from the authorisation of the right holder, relying on the arguments resembling the exhaustion principle of the right of distribution in respect of the tangible copies of a work. In the recent Tom Kabinet judgment, the CJEU denied the direct application of the principle in the case of the resale of e-books facilitated by the Tom Kabinet platform. Whereas the judgment is of significance to the future of the exhaustion principle under the acquis, this article focuses on its broader implications on secondary communication. The article argues that the decision is in line with the developments under the jurisprudence but is by no means a final say on the extent of exclusive control over secondary communication in the digital environment. Besides raising the question of appropriate boundaries of the exclusive rights and their role in the digital markets, the judgment invites the legislator to revise the framework and restore the legal certainty in respect of the scope of exclusive control over the work’s communication to the public. |
| Subject | CJEU, Tom Kabinet, UsedSoft, communication to the public, digital exhaustion, new public |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-50954 |
