|Should you have the right |
to digitise your cat's paws?
In this case the Court ruled that Article 5(3)(n) of the InfoSoc Directive, read in conjunction with Article 5(2)(c) of the same directive, must be interpreted as allowing Member States to grant – at certain conditions – publicly accessible libraries the right to digitise the works contained in their collections.
|Kurt is puzzled: |
how can Article 5(3)(n) exception
be effective if a Member State does
not also transpose Article 5(2)(c)?
Exceptions or rights?
However in future cases the reference to ‘right(s)’ may be used to achieve more relaxed interpretations of – in particular – the final step of the three-step test, which mandates upon exceptions and limitations not to cause an unreasonable prejudice to the legitimate interests of the rightholder. This is because also the legitimate interests ('rights' as opposed to mere 'exceptions'/'limitations') of users relying should not be unduly compressed.