Sale of second-hand e-books through a website: the judgment of the Grand Chamber of the ECJ

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On 19 December 2019, in the judgment in Nederlands Uitgeversverbond and Groep Algemene Uitgevers (C-263/18), the Grand Chamber of the Court ruled that the supply to the public by downloading, for permanent use, of an e-book is covered by the concept of ‘communication to the public’ within the meaning of Directive 2001/29 on copyright. Therefore, the sale of second-hand e-books through a website constitutes a communication to the public that is subject to authorisation by the author.

The Court of Justice of the European Union press release can be found here, and the full text of the judgment here.

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