tag:blogger.com,1999:blog-4513524515428334509.post2840577733551169387..comments2024-03-26T10:41:35.852+00:00Comments on The 1709 Blog: Exhaustion of copyright and sale of altered products: CJEU rules in AllpostersMarie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4513524515428334509.post-81954183450914766372015-01-24T16:50:01.098+00:002015-01-24T16:50:01.098+00:00In the comments on the related posting about this ...In the comments on the related posting about this case on the IPKat blog, James Plotkin has helpfully drawn attention to a Canadian Supreme Court decision in a case known as <a href="http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1973/index.do" rel="nofollow"><i>Théberge v Galerie d'Art du Petit Champlain Inc</i></a> where the facts were very similar to <i>Art&AllPosters</i>, but where the decision went the other way. Personally I prefer the Canadian Supreme Court's reasoning. Interestingly, 3 of the Canadian justices dissented, basing their opinion very much on the droit'auteur doctrine. One wonders if the CJEU was persuaded towards its decision for similar reasons. If so then this does not necessarily bode well for any future harmonisation of EU copyright law. Andy Jnoreply@blogger.com