The defendant, the so-called “cooperative of CD co-owners”, abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test under Article 29(1) of Copyright Act, while he operates as a covert form of lending company (see previously reported cases concerning cooperatives of CD co-owners, in Kluwer database). The court, as in previous cases, stressed the defendants liability for infringement of related rights (performing artists, sound recording companies) and in addition to other claims (injunction etc.), claims for information has been awarded on a large scale. This decision is a significant precedent in the field of copyright and related rights. For the first time, right of information has been accorded against the defendant.

The full summary of this case has been posted on Kluwer IP Law.


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Copyright Blog, please subscribe here.


Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF

Leave a Reply

Your email address will not be published. Required fields are marked *