Kluwer Copyright Blog: Prof Jan B. Nordemann on "Communication to the public in copyright law".
On 28/04/2016, BOEHMERT & BOEHMERT partner Prof. Dr. Jan Bernd Nordemann made a new contribution to the Wolters Kluwer Copyright Blog. In the article "Communication to the public in copyright law – the German struggle with the CJEU concept", he explains and comments on the new jurisprudence of the European Court of Justice (ECJ) which applies for public "Public Reproduction". The new directive provides for a two-level evaluation which is first focuses on the question of reproduction and then on the question of public. Nordemann states: „Of note however, is that the term communication to the public has been harmonised within EU law to mean only a communication to persons not present. In some national copyright laws, however, the term has a broader meaning. Under German law, for example, a communication to the public can also be seen in a public communication to persons who are present.“ Based on current jurisprudence, Nordemann illustrates the various interpretations of the new directive. The Kluwer Copyright Blog (KCRB) publishes contributions from legal experts on copyright law with a European and international focus and discusses them. The blog entries can be accessed here.