Module 7

Question 1

What did the EU legislator attempted to harmonize?

Answer 1

The exclusive rights system.

Question 2

What did the InfoSoc directive introduce?

Answer 2

It introduced the three particular groups of rights.

Question 3

Which groups of rights did the InfoSoc directive introduce?

Answer 3

1. The reproduction right
2. The right of communication to the public and making work available to the public
3. The distribution right

Question 4

What is article 4 of InfoSoc?

Answer 4

…

Question 5

What is the origin of the InfoSoc directive?

Answer 5

This directive has origin in the green paper copyright in the information society and 1996 White paper followed it.

Question 6

What did the directive InfoSoc intend to implement?

Answer 6

The directive is intended to implement the two WIPO treaties agreed in Geneva in 1996.

Question 7

Are there needed new concepts for the protection of intellectual property and why?

Answer 7

Yes. Technological development has multiplied and diversified the vectors of creation, production and exploitation.

Question 8

What does the InfoSoc directive do?

Answer 8

The directive harmonizes the reproduction, communication and distribution rights and also it attempts to limit the number and scope of the exception and defenses that the national regime can operate.

Question 9

In which case does the Court of Justice give an interpretation regarding the scope of exclusive rights?

Answer 9

Peek &Cloppenburg KG vs. CassinaSpA

Question 10

Explain the Peek &Cloppenburg case.

Answer 10

…

Question 11

What did the Court held in the Peek &Cloppenburg case?

Answer 11

The Court rejected the broad interpretation of distribution taking the view that the phrase of “or otherwise “was limited to the situation in which the ownership of the goods was transferred. We can read that in the sentence that the concept of distribution to the public otherwise than through sale of the original of a work or copied thereof for the purpose of InfoSoc Directive applies only when there is a transfer of ownership of that object.

Question 12

Explain the case Dimensione Direct Sales Srl, Michele Labianca vs. Knoll International SpA.

Answer 12

…

Question 13

What did the Court of Justice held in the case Dimensione Direct Sales Srl, Michele Labianca vs. Knoll International SpA?

Answer 13

The Court of Justice held that the distribution right mentioned in the InfoSoc of directive must be interpreted as meaning that it allows the holder of exclusive rights to distribute a protected work to prevent communication to the public.

Question 14

What is article 3 of the InfoSoc directive?

Answer 14

…

Question 15

What is article 8 of the WCT?

Answer 15

…

Question 16

What does communication presuppose?

Answer 16

A communication presupposes an act of transmission from the source to recipient whereas making available involves transmission of work to a place typically internet from which it can be accessed at will.

Question 17

What did the Court of Justice ruled in the Premier League case regarding the transmission of the broadcast?

Answer 17

The Court of Justice ruled that the transmission of the broadcast containing protected works, television screen by someone to customer is active communication to public.

Question 18

Explain the Marcos case.

Answer 18

…

Question 19

What was the question that arose in regard to communication to public and right of making available?

Answer 19

It was about status of linking and framing, creating a hyperlink to content available on the internet and the act of making available within the meaning of InfoSoc of directive.

Question 20

Explain the Svensson case.

Answer 20

…

Question 21

What did the Court held in the Svensson case?

Answer 21

The Court of Justice held that the clickable link offers user of one website direct access to work on another therefore he concluded that the work is made available to those users.

Question 22

By whom was the Svensson decision mostly criticized?

Answer 22

By literature.

Question 23

What was the Svensson case attempted to do?

Answer 23

To do the so called theory of new public.

Question 24

What did the Court of Justice held about the WIPO guide?

Answer 24

The Court of Justice decided that nevertheless that the WIPO guide must be a reliable source and based his opinion on its interpretation.