Digital exploitation of out-of-print books and copyright law: French licensing mechanism for out-of-print books under CJEU scrutiny.

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
ISSN:1749-5083
Group:Faculty of Management
ID Code:28530
Deposited By: Unnamed user with email symplectic@symplectic
Deposited On:28 Apr 2017 15:59
Last Modified:30 Apr 2017 16:56

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