CJEU rules that unauthorized re-posting of protected content may be an infringement
The Cordoba photo at issue in Renckhoff Today the Court of Justice of the European Union (CJEU) issued its last copyright judgment [but also - incredibly - the first copyright judgment of 2018] before the summer break. In Renckhoff , C-161/17 it ruled - contrary to the Opinion of Advocate General Campos Sanchéz-Bordona [ here and here ; ALAI thought it was very bad, and criticized it here ] - that in a situation like the one at issue the unauthorized re-posting of a copyright work would be an act of communication to the public within Article 3(1) of the InfoSoc Directive . Background As readers might remember, this case had a fairly odd factual background. The national proceedings relate in fact to copyright litigation that a photographer has brought in Germany against a school over the use, by one of the pupils, of copyright-protected material without authorization. ...