Advocate General says the distribution right includes right to prevent offer for sale of a work

The Advocate General held that Article 4(1) of the InfoSoc Directive must be interpreted in the sense that the right to distribution within the meaning of that provision includes the right of the copyright owner of the original or copies thereof to prohibit anyone from offering for sale to the public said original or the copies without his/her consent, provided that such offer displays a clear intention to conclude a contract that would involve the transfer of ownership over the original or the copies of a work. 


Country: EU

Domains: IPR

Stakeholder: European Bodies

Tags: CJEU, AG opinion, Advocate General Cruz Villalon, distribution right, offer for sale, Case C-516/13 Dimensione Direct Sales and Labianca, Court of Justice of the European Union, InfoSoc Directive, copyright

Posted on Thursday 4 December 2014

Previous item: « Apple deleted music from users’ iPods purchased from rivals Next item: Paraguayans Rise Up Against Mandatory Data Retention »