Ringelhann, A.P. and Mimler, M., 2017. Digital exploitation of out-of-print books and copyright law: French licensing mechanism for out-of-print books under CJEU scrutiny. European Intellectual Property Review, 39 (3), 190 - 193.
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Abstract
In its decision in Soulier, Doke v Ministre de la Culture et de la Communication, Premier ministre (C- 301/15), the CJEU has looked at the French licensing mechanism for out-of-print books and its compatibility with EU Copyright rules. It held that national legislation which replaces the author’s express and prior consent with tacit consent or a presumption of consent infringe the author’s reproduction and making available rights. The CJEU’s decision has far-reaching implications on rights management schemes operating with implicit or presumed consent.
Item Type: | Article |
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ISSN: | 1749-5083 |
Group: | Bournemouth University Business School |
ID Code: | 28530 |
Deposited By: | Symplectic RT2 |
Deposited On: | 28 Apr 2017 15:59 |
Last Modified: | 14 Mar 2022 14:03 |
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