The CJEU in its Tom Kabinet judgment has ruled that the supply of e-books qualifies as “an act of communication to the public” under the InfoSoc Directive instead of “a distribution to the public” as is the case with physical...more
A Swedish preliminary ruling procedure is currently pending before the European Court of Justice (CJEU) and represents the latest in a run of rulings on the scope of the distribution right under Article 4 of the InfoSoc...more
Ever since the European Court of Justice (CJEU) in its highly regarded UsedSoft ruling declared the resale of “used” software admissible (dated 3 July 2012, C-128/11)...more
Over the years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more
During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more
In CCA 201517006 (dated 10/9/14 and released 4/24/15), the general partner of a publicly traded partnership (PTP) had, in addition to its capital interest, a profits interest in the PTP called “incentive distribution rights”...more
The European Court of Justice (ECJ) has decided that the rule of exhaustion of the distribution right upon first sale (in the U.S. known as the “first sale” doctrine) does not apply to post first-sale alterations to the...more
In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet A. The Right of Reproduction - 1. The Ubiquitous Nature of "Copies" on the Internet -...more