Does Barbro have the right of Re-sale ?
In the Usedsoft case the CJEU held that the grant of an unlimited license together with the possibility to download a copy of a computer program is tantamount to a first sale, which exhausts the right of distribution, so that a further resale of that copy cannot be opposed by the right holder in this case ,Network Inc .
This is to mean that Barbro would enjoy the benefits of being part of a first sale contract and as such she can resell the albums that she had downloaded from the network Inc because Network Inc rights distribution rights over the albums were exhausted the minute the same took place.
Following this argument, then Network Inc does not have the right to compel Barbro to delete the albums .
Did Barbro unlawfully reproduce the albums? Is the right of reproduction exhausted?
What is the reproduction right?
This right to authorize or …show more content…
Thus the issue of reproduction should not be brought up as permission had already been granted.
Is offering for sale a communication to the public
The notion of ‘communication to the public’ comprises a wide range of activities aimed at rendering a work available to larger audiences. Each time a performance, broadcast or another transmission is being made available subsequently to an audience in a public space, that is, outside the family circle, a new act of communication to the public takes place. This act also requires the copyright owner’s consent.
Under the InfoSoc Directive they right of communication to the public and the right of making available to the public are stated and said to inexhaustible.
Since the term communication to the public exhibits two cumulative criteria, namely an “act of communication” of a work on the one hand and the communication of that work to a “public” on the other ,the assessment should also be carried out in a two-step
In the Usedsoft case the CJEU held that the grant of an unlimited license together with the possibility to download a copy of a computer program is tantamount to a first sale, which exhausts the right of distribution, so that a further resale of that copy cannot be opposed by the right holder in this case ,Network Inc .
This is to mean that Barbro would enjoy the benefits of being part of a first sale contract and as such she can resell the albums that she had downloaded from the network Inc because Network Inc rights distribution rights over the albums were exhausted the minute the same took place.
Following this argument, then Network Inc does not have the right to compel Barbro to delete the albums .
Did Barbro unlawfully reproduce the albums? Is the right of reproduction exhausted?
What is the reproduction right?
This right to authorize or …show more content…
Thus the issue of reproduction should not be brought up as permission had already been granted.
Is offering for sale a communication to the public
The notion of ‘communication to the public’ comprises a wide range of activities aimed at rendering a work available to larger audiences. Each time a performance, broadcast or another transmission is being made available subsequently to an audience in a public space, that is, outside the family circle, a new act of communication to the public takes place. This act also requires the copyright owner’s consent.
Under the InfoSoc Directive they right of communication to the public and the right of making available to the public are stated and said to inexhaustible.
Since the term communication to the public exhibits two cumulative criteria, namely an “act of communication” of a work on the one hand and the communication of that work to a “public” on the other ,the assessment should also be carried out in a two-step