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Glosa do wyroku Wielkiej Izby Trybunału Sprawiedliwości Unii Europejskiej z dnia 19 grudnia 2019 r., C-263/18

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Pawlikowska J.
Forum Prawnicze
|
2020
|
issue 5 (61)
87-98
EN
The judgment of the Court of Justice of the European Union of 19 December 2019 concerns the issues of the digital market for ‘used’ electronic books, in particular the issue of exhaustion of the right to distribute digital copies of books protected by copyright. The Luxembourg Court has significantly developed its case-law regarding the exhaustion of copyright in the digital environment, in particular by explicitly qualifying the act of providing users with protected works by downloading them online. The position of the Luxembourg tribunal seems to exclude the possibility of dynamic interpretation of currently applicable normative solutions in the area of exhaustion of copyright. The Court ruled out the possibility of exhaustion of copyright when downloading an electronic book for permanent use and qualified the act as communication to the public. De lege lata, normative solutions in the area of exhaustion of copyright under EU law do not correspond to the existing economic, social and technological conditions. At the same time, the Court rejected the possibility of dynamic interpretation of applicable provisions. Not always the rigorous classification made by the Tribunal in its ruling will lead to higher protection of the interests of right holders and thus to achieving effet utile. It will deepen the already existing state of legal uncertainty and will support the adoption of internal solutions by digital goods suppliers and service providers.
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