Exhaustion of rights - the broader implications of the CJEU's ruling in Art & Allposters

The principle of exhaustion is a hot topic in copyright with important commercial ramifications, particularly in relation to 'online exhaustion' and the viability of a second-hand market in digital content.

 

A key aspect of the CJEU’s ruling is its view that the exhaustion of the distribution right under the InfoSoc Directive covers the tangible object into which a work (or a copy of it) is incorporated. In other words, it is inherently tied to the physical medium (e.g. paper, canvas) on which the work is expressed.

Country: EU

Domains: IPR

Stakeholder: Judicial

Tags: CJEU decision, exhaustion principle, InfoSoc Directive, copyright

Posted on Friday 30 January 2015

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