IP case law Court of Justice

Referral C-637/19 (BY, 27 Aug 2019)



Does the term ‘public’ in Articles 3(1) and 4(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society have a uniform meaning?

If question 1 is answered in the affirmative, is a court to be regarded as falling within the scope of the term ‘public’ within the meaning of those provisions?

If question 1 is answered in the negative:

a) In the event of communication of a protected work to a court, can that court fall within the scope of the term ‘public’?

b) In the event of distribution of a protected work to a court, can that court fall within the scope of the term ‘public’?

Does the fact that national legislation lays down a general principle of access to public documents in accordance with which any person who makes a request can access procedural documents transmitted to a court, except where they contain confidential information, affect the assessment of whether transmission to a court of a protected work amounts to a ‘communication to the public’ or a ‘distribution to the public’?


Case details on the CJEU website (external link)


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