Stichting Brein v Wullems

Subject Matter

COPYRIGHT — Communication to public — Rights — Defendant selling multimedia players with pre-installed add-ons containing links to streaming websites giving access to digital content without rightholders’ consent — Defendant’s advertisements stating purchasers of players able to watch audiovisual material without rightholders’ consent — Whether “communication to public” — Whether defendant’s acts satisfying conditions for exemption from general rule that only rightholder able to authorise reproductions of protected works — Parliament and Council Directive 2001/29/EC, arts 3(1), 5(1)(5)

(Case C-527/15); EU:C:2017:300; [2017] Bus LR 1816; [2017] ECDR 14; [2017] WLR (D) 285, ECJ

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