Copyright in Second-Hand Digital Markets

• Jurisdiction: European Union
• Year: 2021
• Author: Christiaan Alberdingk Thijm

Speaker

Christiaan Alberdingk Thijm is founding partner of the Amsterdam law firm bureau Brandeis. He is regarded as an international copyright expert, having litigated in numerous landmark cases before the highest courts. He represented his clients before the CJEU in several high-stake cases (GS Media, VOB, The Pirate Bay and News Service Europe). He also represented the Dutch publisher’s organization NUV in the Tom Kabinet case (CJEU 19 December 2019, case C-263/18), resulting in a landmark decision about the right of the making available to the public. Besides his work as an attorney, he is a senior lecturer at the University of Amsterdam, where he teaches copyright, privacy and free speech classes.

Topic

This e-presentation delves into the dynamic world of the virtual market for 'second-hand' e-books, shedding light on the transformative ruling issued by the esteemed Grand Chamber of the Court of Justice of the European Union (CJEU) in the landmark case of Tom Kabinet (C-263/18). By examining this ruling, the aim to explore its profound implications and the practical consequences it carries for the digital ecosystem.

The central question at the heart of the Tom Kabinet case revolves around the characterization of digital supply of e-books. Specifically, it addresses whether such transactions can be deemed as acts of communication to the public or as acts of distribution, thereby falling under the ambit of the rule on copyright exhaustion. This distinction holds significant implications for the copyright holders, e-book consumers, and the entire digital marketplace.

To put this into perspective, the act of communication to the public refers to making copyright-protected works available to a broader audience, such as streaming or broadcasting. On the other hand, the act of distribution involves the transfer of ownership or possession of a tangible copy of a work, like selling or lending a physical book.

The CJEU's ruling in the Tom Kabinet case has far-reaching consequences as it affects the balance between copyright protection and the rights of consumers in the digital age. Depending on whether e-book transactions are classified as communication...