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Stichting Leenrecht and "e-lending" - seen from the viewpoint of "online exhaustion"

Stichting Leenrecht and "e-lending" - seen from the viewpoint of "online exhaustion"

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The paper analyses the Advocate General’s opinion presented in the Stichting Leenrecht case (Case-174/15), inter alia, in the light of the UsedSoft  and Allposters cases  ( Case C-128/2011 and Case C-419/13 ). On the bases of the analysis it seems that the AG’s legal arguments – on the basis of which he suggests that what is called „e-lending” is covered by the provisions of the Rental, Lending and Related Rights Directive on lending – are badly founded. As regards the AG’s legal-political arguments stressing the importance of library services, it is pointed out that, although they are valid, also a number of other public and private interests should be taken into account to consider whether or not there may be a need for legislative intervention concerning the complex issue and, if it may be the case, in which way.

Publish date: 2016-11-08 22:50:00
Last modified: 2016-11-08 22:52:33
Author: Dr. Mihály J. Ficsor