“Reformist Departure”: Questions Referred by the Bundesgerichtshof to the CJEU on the Reporting of Current Events and Quotation Exceptions

Bengi ZeybekThe exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the exceptions for quotation and reporting of current events. In answering these questions, the CJEU may well shed light on the open-ended drafting of these exceptions. Although the case deals with many issues, this post will only focus on the last three questions referred by the BGH (Questions 4, 5 and 6), which directly concern the exceptions to Article 5(3)(c) and (d) of the InfoSoc Directive. Question 4 asks whether the exception for reporting of current events applies where it is possible and reasonable for the press undertaking to obtain the prior authorisation of the right holder. Question 5 concerns the purpose of the…

Read more detail on Recent Copyright posts –

This entry was posted in Copyright Law and tagged , , , , , , , , , , . Bookmark the permalink.

Leave a Reply