CJEU follows AG Opinion and rules that the authorization under Article 17(1) of the DSM Directive also covers acts of reproduction
CJEU follows AG Opinion and rules that the authorization under Article 17(1) of the DSM Directive also covers acts of reproduction
You simply cannot communicate what's not in you Article 17(1) of the DSM Directive [IPKat posts here ] requires online content sharing service providers (OCSSPs) to secure the authorization of relevant rightholders “in order to communicate to the public or make available to the public works or other subject matter.” But must the authorization referred to therein also encompass the undertaking of acts of reproduction, which are functional and preliminary to the subsequent acts of communication and making available to the public, given that OCCSPs – before undertaking acts that are relevant under Article 3 of the InfoSoc Directive – “store” the protected content uploaded by users, in accordance with the very definition of OCSSP as found in Article 2(6)? Earlier this week – correctly and unsurprisingly – the Court of Justice of the European Union (CJEU) answered in the affirmative in Austro-Mechana , C-579/24 , thus endorsing the earlier Opinion of Advocate General (AG) Emiliou ...