Konsumtionsprincipens omfattning i upphovsrätten - I ljuset av avgörandet i mål C-419/13 Art & Allposters mot Stiching Pictoright

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: Abstract The distribution gives the rights-holder an exclusive right to authorise or prohibit any form of distribution to the public by sale or otherwise. The right to control the distribution is tied to tangible objects. Exhaustion of the distribution right limits the rights-holder distribution right and is named the exhaustion principle. When a work with the consent of the right-holder is transferred within the EEA is the work exhausted and the rights-holder can no longer prevent further distribution. In the ruling C-419/13 (Allposters) stated the CJEU that the distribution right is not exhausted when a reproduction of a work in form of a poster with the consent of the rights-holder after has been transferred to canvas and is placed on the market again in its new form. Such an alteration may according to the CJEU result in a new reproduction of the work and will need a new consent. The circumstances according to the advocate general of this ruling made it most special. One of these circumstances was that the change was to a medium that could be confused with the original work. After the ruling there have been different opinions that considers that the CJEUs motives to the ruling is found on vague and unclear statements. The ruling can therefore lead to misinterpretations by national courts, which can lead to negative consequences for retailers and distributors.

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