Preiskel & CoPreiskel & Co
Preiskel & Co
A boutique law firm in London
  • Home
  • About Us
    • Diversity, Social Responsibility, and Pro Bono
  • Services
    • Corporate
    • Commercial
    • Regulatory
    • Competition & Antitrust
    • Data Protection, Privacy, and Retention
    • Intellectual Property
    • Dispute Resolution
    • Employment
  • Sectors
    • Telecommunications
    • IT, Technology, & Internet
    • Media and Broadcasting
    • Websites, Blogging, & Social Media
    • Film & Television
    • Gambling & Online Gaming
    • Leisure & Retail
    • Energy & Minerals
    • Cryptocurrency & Blockchain
    • Creative Industries
  • People
    • Daniel Preiskel
    • Ronnie Preiskel
    • Tim Cowen
    • Jose Saras
    • Robert Dougans
    • Karthyaeni Vittala
    • Tina Cowen
    • Xavier Prida
    • Martina Raciti
    • Ewelina James
    • Rachael Machado
    • Maria Constantin
    • Peter Dally
    • Richard Stewart
    • Joanna Coombs-Huang
    • Paul Stelges
    • Hannah Leader
    • Alison MacFarlane
    • Ilanit Appelfeld
    • Daniel Oakland
    • Sophia Yakhno
    • Sue Warwick
    • D A T Green
    • Antony Corel
    • Stewart White
    • Mor Swiel
    • Stephen Hornsby
    • Tony Curzon-Price
    • Robert Harvey
    • Shardi Shameli
  • International
  • Blog
  • News
    • Publications
  • Contact
Menu back  

CJEU says that adverts could infringe distribution rights

May 14, 2015By Preiskel & Co

An important judgment on the interpretation of distribution rights was handed down on 13 May 2015 by the Court of Justice of the European Union.  The judgment ruled that copyright owners could  prevent an unauthorised trader to offer for sale or address a targeted advertisement of the original or a copy of a protected work, even if it is not established that the advert gave rise to the purchase of the protected work by an EU buyer.

The judgement was triggered by a preliminary ruling request from the German Bundesgerichtshof in an alleged infringement proceedings that saw two Italian companies contending their rights in relation to specific pieces of furniture designed by Marcel Breuer and Ludwig Mies van der Rohe and protected by copyright in Germany.

The Fourth Chamber ruled that

Article 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 must be interpreted as meaning that it allows a holder of an exclusive right to distribute a protected work to prevent an offer for sale or a targeted advertisement of the original or a copy of that work, even if it is not established that that advertisement gave rise to the purchase of the protected work by an EU buyer, in so far as that advertisement invites consumers of the Member State in which that work is protected by copyright to purchase it.

To convey its judgement the Court has interpreted the InfoSoc Directive in the light of the “making available” right enshrined in Art. 6(1) the WIPO Copyright Treaty and referred to previous case law, namely Blomqvist, Donner and Peek & Cloppenburg.

Case C-516/13 Dimensione Direct Sales Srl, Michele Labianca v Knoll International SpA [13 May 2015] is available here.

 

Latest Preiskel & Co blog posts
  • CMA AI Report: The Foundation of the UK’s AI Response
    September 21, 2023
  • Navigating Health Data Compliance: A Roadmap for Employers
    September 21, 2023
  • Transatlantic convergence? Recent cases on advertising and privacy from the USA and UK
    September 15, 2023
  • Practical Guide – Net Neutrality in the UK
    September 14, 2023
  • Virgin succeeded in defending a claim by EE for loss of EE’s profits caused by Virgin’s breach of the MVNO Exclusivity Clause
    September 12, 2023
  • Getting out of a (data) scrape: global statement published for the protection of publicly accessible personal data online
    September 8, 2023
  • The dark side of design: the ICO and CMA call for businesses to rethink their website layouts
    August 18, 2023
  • Could the Supreme Court’s ruling on litigation funding agreements cause havoc for litigation funders?
    August 17, 2023
  • US Threats of a ‘Te(ch)xodus’ from the UK?
    August 17, 2023
  • Smoother Sailing for EU-US Data Transfers after GDPR Adequacy Decision
    August 4, 2023
  • Unlocking Data Flows: EU-US Data Privacy Framework Receives Adequacy Decision
    July 13, 2023
  • UK’s World Leading Approach on Artificial Intelligence – White Paper outlines 5 guideline principles for responsible use of AI
    July 5, 2023

The Preiskel Blog

  • CMA AI Report: The Foundation of the UK’s AI Response 21 Sep 2023
  • Navigating Health Data Compliance: A Roadmap for Employers 21 Sep 2023
  • Transatlantic convergence? Recent cases on advertising and privacy from the USA and UK 15 Sep 2023
  • Practical Guide – Net Neutrality in the UK 14 Sep 2023

Preiskel news

  • Practical Guide – Net Neutrality in the UK
  • Danny Preiskel featured in GCCM Magazine (June/July 2023 issue 55)  
  • Danny Preiskel moderating a panel at the MEF Connects – The Future of Fraud Prevention event (5th September 2023, hybrid)
  • Preiskel & Co advised TMT Analysis on the acquisition of Phronesis Technologies
Preiskel & Co LLP
4 King's Bench Walk,
Temple,
London
EC4Y 7DL
United Kingdom

Tel: +44 20 7332 5640
Email: info@preiskel.com

Find us on:

TwitterLinkedinMail
© Preiskel & Co LLP 2023 | Site map | Legal notices | Cookie Policy | Privacy