Source: All England Reporter
Publisher Citation: [2009] All ER (D) 212 (Aug)
Court: Court of Justice of the European Communities (Fourth Chamber)
Judge:

Judges Lenaerts (President of Chamber), von Danwitz, Silva de Lapuerta, Arestis and Malenovsky (Rapporteur)
Judgment Dates: 16 July 2009

Catchwords

European Community - Copyright - Literary and artistic works - Concept of 'reproduction' - Reproduction 'in part' - Reproduction of short extracts of literary works from newspaper articles and other periodicals - Claimant selecting articles on basis of subject criteria agreed with customers - Selection being made via data capture process - Claimant emailing summaried to customers - Domestic court taking view that consent required for processing articles using data capture process - Whether concept of 'reproduction in part' within meaning of directive encompassing storing and subsequent printing out on paper of 11 word text extract - Whether acts of reproduction satisfying conditions in relevant article - Council Directive (EC) 2001/29, art 2 and 5(1).

The Case

European Community Copyright. The Court of Justice of the European Communities gave a preliminary ruling relating to the interpretation of art2(a) of the Council Directive (EC) 2001-29 (on the harmonisation of certain aspects of copyright and related rights in the information society) and the conditions for exemption of temporary acts of reproduction within the meaning of art5 of that directive in the course of proceedings concerning the dismissal of its application for a declaration that it was not required to obtain the consent of the rightholders for acts of reproduction of newspaper articles using an automated process.

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