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Articoli Correlati: copyright

A German publisher seeks, before Munich Regional Court, monetary compensation from Mr M.S. on account of an audio book in which it holds the copyright and related rights being shared, for the purpose of downloading, with an unlimited number of users of a peer-to-peer internet exchange by means of an internet connection owned by Mr M.S. Mr M.S. denies having himself infringed copyright. Furthermore, he maintains that his parents, who live in the same household, also had access to that connection without, however, providing further details as to when and how the internet was used by his parents. According to the Munich Regional Court, it is apparent from the case-law of the German Federal Court of Justice that, having regard to the fundamental right to protection of family life, such a defence is sufficient under German law to exclude the owner of the connection from liability. In that context, the Munich Regional Court asks the Court of Justice to interpret the provisions of EU law on the protection of intellectual property rights. In judgment (C-149/17), the Court answers that EU law precludes national legislation such as that at issue: the Court considers that a fair balance must be struck between the various fundamental rights, namely the right to intellectual property, on the one hand, and the right to respect for private and family life, on the other.