Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/03/2012

Subject: The Court declared that the right of distribution of a copy of a computer program is exhausted if the copyright holder who has authorised, even free of charge, the downloading of that copy from the internet onto a data carrier has also conferred, in return for payment of a fee intended to enable him to obtain a remuneration corresponding to the economic value of the copy of the work of which he is the proprietor, a right to use that copy for an unlimited period. In the event of the resale of the user licence, having originally been granted by that rightholder to the first acquirer, that entails the resale of a copy of a computer program, the second acquirer, as well as any subsequent acquirer of it, will be regarded as lawful acquirers of a copy of a computer program within the meaning of Directive 2009/24/EC.

Classification: Freedoms - Art. 17 Intellectual property

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