Week 7

Question 1

1

Answer 1

InfoSoc Directive 
Rental and Lending Directive 
Resale Right Directive 
Satellite and Cable Directive 
Software/Database Directives

Question 2

Economic rights: InfoSoc

Answer 2

• reproduction right (any activity that results in multiplication of work)
• right communication to the public and right of making work available to the public (any activity that allows that public get acquainted with the content of work)
• distribution right (any legal action that constitutes a transfer of property of a work exemplar)
• rental rights (any other legal action that is not transfer of property)

Question 3

Case Peek & Cloppenburg KG v Cassina SpA:

Answer 3

1

Facts:

Question 4

Case Dimensione Direct Sales Srl, Michele Labianca v Knoll International SpA

Answer 4

Article 4(1) of (infoSoc directive) must be interpreted as meaning that it allows a holder of an exclusive right to distribute a protected work to prevent an offer for sale or a targeted advertisement of the original or a copy of that work, even if it is not established that advertisement gave rise to the purchase of the protected work by an EU buyer, in so far as that advertisement invites consumers of the Member State in which that work is protected by copyright to purchase it.

Question 5

What is communication to the public?

Answer 5

art 3(1) InfoSoc Directive: 
1. Member States shall provide authors with the exclusive right to authorize or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.

Question 6

What did the EU legislator attempted to harmonize?

Answer 6

The exclusive rights system.

Question 7

What did the InfoSoc directive introduce?

Answer 7

It introduced the three particular groups of rights.

Question 8

Which groups of rights did the InfoSoc directive introduce?

Answer 8

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

Question 9

What is the origin of the InfoSoc directive?

Answer 9

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

Question 10

What did the directive InfoSoc intend to implement?

Answer 10

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

Question 11

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

Answer 11

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

Question 12

What does the InfoSoc directive do?

Answer 12

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 13

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

Answer 13

Peek & Cloppenburg KG vs. CassinaSpA

Question 14

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

Answer 14

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 15

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

Answer 15

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 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

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

Answer 18

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 19

What did the Court held in the Svensson case?

Answer 19

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 20

By whom was the Svensson decision mostly criticized?

Answer 20

By literature.

Question 21

What was the Svensson case attempted to do?

Answer 21

To do the so called theory of new public.

Question 22

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

Answer 22

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