Intellectual property has therefore been recognised as an integral part of property. Their protection helps to ensure the maintenance and development of creativity in the interests of authors, performers, producers, consumers, culture, industry and the public at large.
(9) Any harmonisation of copyright and related rights must take as a basis a high level of protection, since such rights are crucial to intellectual creation. (4) A harmonised legal framework on copyright and related rights, through increased legal certainty and while providing for a high level of protection of intellectual property, will foster substantial investment in creativity and innovation … ‘(3) The proposed harmonisation will help to implement the four freedoms of the internal market and relates to compliance with the fundamental principles of law and especially of property, including intellectual property, and freedom of expression and the public interest. The preamble to the Directive includes the following recitals: The Copyright Directive, as its title indicates, aims to harmonise certain aspects of copyright and related rights, (3) including the right to authorise the distribution of works protected by such rights, or copies of such works, to the public.Ĥ. If so, the Court is asked whether the exercise of that distribution right in the circumstances of the present case is compatible with Article 28 EC.ģ. The Court is asked whether such use of the furniture constitutes a ‘distribution to the public by sale or otherwise’ within the meaning of Article 4(1) of the Copyright Directive. The case concerns items of furniture which, at the relevant time, were not protected by copyright in the Member State where they were manufactured and where they were acquired by Peek & Cloppenburg KG (‘Peek & Cloppenburg’) but were so protected in the Member State where that party made them available for temporary use in the public rest areas of one of its shops and displayed them in the window of another. In this reference from the Bundesgerichtshof (Federal Court of Justice) Germany, the Court has been asked for guidance on the interpretation of Article 4(1) of Directive 2001/29/EC of the European Parliament and of the Council of on the harmonisation of certain aspects of copyright and related rights in the information society (‘the Copyright Directive’ or ‘the Directive’). (2)Ģ. Opinion of the Advocate-General Opinion of the Advocate-Generalġ.
LINDE FURNITURE WINDOWS
Reference for a preliminary ruling: Bundesgerichtshof - Germany.Ĭopyright - Directive 2001/29/EC - Article 4(1) - Distribution to the public by sale or otherwise of the original of a work or a copy thereof - Use of reproductions of copyright-protected furniture as items of furniture exhibited in a sales area and in display windows - No transfer of ownership or possession. Opinion of Advocate General Sharpston delivered on 17 January 2008.
# Copyright - Directive 2001/29/EC - Article 4(1) - Distribution to the public by sale or otherwise of the original of a work or a copy thereof - Use of reproductions of copyright-protected furniture as items of furniture exhibited in a sales area and in display windows - No transfer of ownership or possession. # Reference for a preliminary ruling: Bundesgerichtshof - Germany. All trademarks used herein are the property of Hunter Douglas or their respective owners.Opinion of Advocate General Sharpston delivered on 17 January 2008. Ask participating dealer for details and rebate form. See complete terms distributed with Reward Card.
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