Study on making available right in relationship with reproduction right in cross border digital transmissions
DEPREEUW & HUBIN, Study on the making available right and its relationship with the reproduction right in cross-border digital transmissions, ec.europa.eu.
The present Study deepens the analysis of the relation between the making available right and the reproduction right. Considering acts of streaming and downloading, it examines whether the copies of works made through the technical process of making them available on the internet fall under the scope of art. 2 of the InfoSoc Directive, and whether these may be exempted under the exception for temporary copy or the exception for private copy provided by art. 5. The Terms of Reference of the Study are the following:
(...) 2. This report contains the outputs required in the terms of reference and adapted to the Commission’s comments. The newly adopted directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market is beyond the scope of this study and consequently this report does not examine its relation to the making available right and the reproduction right. This report represents the state of the law as of April 2014.
