Saturday, April 30, 2011

Abuse of Copyright Exception for Personal Use

Interesting news coming via Kluwer Copyright Blog by Tomáš Dobřichovský from Kříž & Bělina. Mr. Dobřichovský reports decision rendered by High Court in Prague (Vrchní soud v Praze) on 20th of April 2010.
The defendant, the so-called “cooperative of CD co-owners” abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test under Article 29(1) of Copyright Act, while he operates as a covert form of lending company.
Another very interesting aspect is that right of information has been allegedly awarded on the large scale. This is of great importance as there haven't been that much case law on this claim in Slovakia and Czech republic so far. Last but not least, everything that concerns abuse of rights or three step test is of Huťko's endless interest.

Huťko will report more on this case when he receives entire decision. Till then you can consult summary of this case on Kluwers IP Cases database.

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