1709 Blog: for all the copyright community

Monday, 5 November 2012

ACI ADAM reference: you have to be quick to comment

The UK's Intellectual Property Office has just published the questions which have been referred to the Court of Justice of the European Union for a preliminary ruling in Case C-435/12 ACI ADAM E.A (on which see earlier 1709 Blog posts here and here). They are
1. Should Article 5(2)(b) [of Directive 2001/29] be interpreted as meaning that the limitation on copyright applies regardless of whether the works became available to the natural person concerned lawfully or does the limitation only apply when the work has become available without an infringement of copyright?

2. If the answer is that it applies only when work becomes available without infringement:-

a) Can the application of the three stage test form the basis of the expansion of the scope of Article 5(2) or can its application only lead to the reduction of the scope?

b) Is a national law that provides for payment of fair compensation for reproductions as above contrary to Article 5?

3. Is the Enforcement Directive (Directive 2004/48/EC) applicable to these proceedings – where a Member State has imposed an obligation to pay fair compensation under 5(2)(b)?
It's now still 5 November but, if you would like to comment on this case and tell the UK Government whether it should be making observations to the Court, can you please e-mail policy@ipo.gsi.gov.uk by this Friday, 9 November 2012.

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