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Eleonora Rosati - The Filmspeler CJEU Judgment: Legal Implications for Makers and Users of Kodi Boxes

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Slides of my presentation at the FAST Legal Group Meeting, held at the House of Lords on 28 November 2017.

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Eleonora Rosati - The Filmspeler CJEU Judgment: Legal Implications for Makers and Users of Kodi Boxes

  1. 1. THE FILMSPELER CJEU JUDGMENT LEGAL IMPLICATIONS FOR MAKERS AND USERS OF KODI BOXES FAST Legal Group Meeting House of Lords 28 November 2017 Eleonora Rosati eleonora@e-lawnora.com @eLAWnora
  2. 2. Contents • The right of communication to the public • The CJEU reference – Implications • For makers • For users • Broader issues
  3. 3. The right of communication to the public
  4. 4. Article 3(1) InfoSoc Directive “Member States shall provide authors with the exclusive right to authorise or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.”
  5. 5. In reality • Act of communication – Mere making available; indispensability of defendant’s intervention • To a public • Other non-autonomous, interdependent criteria
  6. 6. The Filmspeler case
  7. 7. • Liability for makers – Indispensable intervention as facilitation • Liability for users – Temporary copies exemption – Reasoning of unlawful downloads (ACI Adam, C- 435/12)
  8. 8. Broader issues
  9. 9. • How should the right of communication to the public be construed? • Facilitation as indispensable intervention: who makes an act of communication to the public? – Ziggo, C-610/15 • Relationship with other forms of liability – Secondary liability (unharmonised) – Safe harbours
  10. 10. Eleonora Rosati eleonora@e-lawnora.com Thanks for your attention!

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