Eleonora Rosati - The Filmspeler CJEU Judgment: Legal Implications for Makers and Users of Kodi Boxes

THE FILMSPELER CJEU JUDGMENTLEGAL IMPLICATIONS FOR MAKERS AND USERS OF KODI BOXES

FAST Legal Group Meeting

House of Lords28 November 2017

Eleonora Rosati

eleonora@e-lawnora.com@eLAWnora

Contents

• The right of communication to the public

• The CJEU reference

– Implications

• For makers

• For users

• Broader issues

The right of

communication to the public

Article 3(1) InfoSoc Directive

“Member States shall provide authors with the exclusive right to authorise or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.”

In reality

• Act of communication– Mere making available; indispensability of defendant’s intervention

• To a public

• Other non-autonomous, interdependentcriteria

The Filmspeler case

• Liability for makers

– Indispensable intervention as facilitation

• Liability for users

– Temporary copies exemption

– Reasoning of unlawful downloads (ACI Adam, C-435/12)

Broader issues

• How should the right of communication to thepublic be construed?

• Facilitation as indispensable intervention: whomakes an act of communication to the public?

– Ziggo, C-610/15

• Relationship with other forms of liability

– Secondary liability (unharmonised)

– Safe harbours

Eleonora Rosatieleonora@e-lawnora.com

Thanks for your attention!