AG Hogan advises CJEU to rule that disclosure of evidence containing protected content to a court is not a communication to the public
IPKat posts as evidence in court? Why not! Image credits: Riana Harvey Does the disclosure in court proceedings of a work protected by copyright or related rights amount to InfoSoc Directive ? Is the notion of ‘public’ in the right of communication/making available to the public in Article 3 therein to be intended in the same way as the notion of ‘public’ in the right of distribution in Article 4? How can copyright protection be reconciled with transparency obligations? a ‘communication to the public’ and/or a ‘distribution to the public’ within the meaning of the These, in a nutshell, are the issues that the Court of Justice of the European Union (CJEU) will have to address when it decides BY , C-637/19 , a referral made by the Svea Court of Appeal, Patent and Market Court of Appeal, Stockholm, Sweden. This morning, Advocate General (AG) Hogan issued his Opinion , in which he advised the Court to rule that the electronic transmission by a litigant or a ...