BY (Preuve photographique) (Harmonisation of certain aspects of copyright and related rights - transmission to a court of a copy of a protected work as evidence - Opinion) [2020] EUECJ C-637/19_O (03 September 2020)

BY (Preuve photographique) (Harmonisation of certain aspects of copyright and related rights - transmission to a court of a copy of a protected work as evidence - Opinion) [2020] EUECJ C-637/19_O (03 September 2020)

Transmission of copyrighted material as evidence to a court does not constitute 'communication to the public' or 'distribution to the public' under Directive 2001/29/EC. The fact that such evidence is considered a public document and accessible under national freedom of information rules does not mean it enters the public domain or loses copyright protection.

Citation
[2020] EUECJ C-637/19_O
Parties
Applicant: BY; Respondent: CX
Jurisdiction
European Union
Judgment Date
03 September 2020
Procedural Posture
Preliminary Ruling / Opinion of Advocate General
Outcome
Opinion: transmission to court is not communication or distribution to the public under Directive 2001/29/EC; copyright protection remains.
Legal Topics
Copyright, Communication to the Public, Distribution to the Public, Freedom of Information, Judicial Proceedings, Directive 2001/29/ec
Intellectual Property European Union Law Civil Procedure Copyright Communication to the Public Distribution to the Public Freedom of Information Judicial Proceedings +1 more

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Parties

BY

Applicant

CX

Respondent

Procedural Posture

Preliminary Ruling / Opinion of Advocate General

Legal Issues

  1. 1 Does transmission of a copyright-protected work to a court as evidence constitute 'communication to the public' or 'distribution to the public' under Directive 2001/29/EC?
  2. 2 Does the concept of 'public' in Articles 3(1) and 4(1) of Directive 2001/29/EC include courts?
  3. 3 Does national freedom of information law affect copyright protection when evidence is submitted to a court?

Ratio Decidendi

Transmission of copyrighted material as evidence to a court does not constitute 'communication to the public' or 'distribution to the public' under Directive 2001/29/EC. The fact that such evidence is considered a public document and accessible under national freedom of information rules does not mean it enters the public domain or loses copyright protection.

Court Disposition

Opinion: transmission to court is not communication or distribution to the public under Directive 2001/29/EC; copyright protection remains.