1. Should Article 5(2)(b) [of Directive 2001/29] be interpreted as meaning that the limitation on copyright applies regardless of whether the works became available to the natural person concerned lawfully or does the limitation only apply when the work has become available without an infringement of copyright?It's now still 5 November but, if you would like to comment on this case and tell the UK Government whether it should be making observations to the Court, can you please e-mail firstname.lastname@example.org by this Friday, 9 November 2012.
2. If the answer is that it applies only when work becomes available without infringement:-
a) Can the application of the three stage test form the basis of the expansion of the scope of Article 5(2) or can its application only lead to the reduction of the scope?
b) Is a national law that provides for payment of fair compensation for reproductions as above contrary to Article 5?
3. Is the Enforcement Directive (Directive 2004/48/EC) applicable to these proceedings – where a Member State has imposed an obligation to pay fair compensation under 5(2)(b)?
Monday, 5 November 2012
ACI ADAM reference: you have to be quick to comment
published the questions which have been referred to the Court of Justice of the European Union for a preliminary ruling in Case C-435/12 ACI ADAM E.A (on which see earlier 1709 Blog posts here and here). They are
Posted by Jeremy at 6:25 p.m.
Labels: CJEU reference, defences, relevance of Enforcement Directive where obligation to pay fair compensation, three stage test