|(Third) party time for the |
Software Directive ...
"“Articles 5(1), 5(2), 5(3) and 6 of the Software Directive (Directive 2009/24) and Sections 50A, 50B, 50BA and 50C of the Copyright, Designs and Patents Act 1988 in the UK set out ‘permitted acts’ in relation to software (see also SAS v WPL here and here, in which questions have been referred to the ECJ regarding the scope of the permitted act of observing, studying and testing). My questions however relate to third parties and the permitted acts. They are:
1. If a licensee engages a third party to carry out a permitted act on its behalf:
(a) would the licensee be able to use the results of the third party’s act without infringing the licensor’s copyright?
(b) would the third party have a defence to copyright infringement, on the basis it was carrying out a permitted act on behalf of the licensee?
(c) would the answer to 1(b) be different if the Licence Agreement between licensee and licensor included a prohibition on sublicensing or permitting any other third party use?
As usual, the 1709 Blog welcomes your answers and comments, even if you are a member of the Court of Justice of the European Union ...(d) could a prohibition on permitting any third party access for the purpose of carrying out a permitted act on behalf of the licensee, be void under Article 8 Software Directive and Section 296A Copyright, Designs and Patents Act 1988?"