'Reproduction' and 'Communication to the Public' Rights in EU Copyright Law: FAPL v QC Leisure

Author: Aplin, Tanya

Source: King's Law Journal, Volume 22, Number 2, July 2011 , pp. 209-219(11)

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Abstract:

This analysis considers the controversial opinion of the Advocate General in FAPL v QC Leisure delivered in February 2011, in particular the views expressed about the scope of the rights of reproduction and communication to the public contained within the Information Society Directive. It argues that the ECJ, when it comes to issuing its ruling later this year (most likely in Autumn), should not interpret the reproduction right in an overly broad fashion and that the right of communication to the public should not be interpreted to include reception in public, as defined in Article 11bis(1)(iii) of the Berne Convention.

Document Type: Research article

DOI: http://dx.doi.org/10.5235/096157611796769514

Publication date: 2011-07-01

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Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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