September 2015 : IP Newsletter of the International Bar Association Legal Practice Division

The exhaustion of the distribution right clarified by the CJEU’s Art & Allposters judgement of 22 January 2015: the exhaustion of the distribution right was clarified by the Court of Justice of the European Union (CJEU) judgement Art & Allposters of 22 January 2015 (Case C419/13, Art & Allposters International BV). According to this judgment, the exhaustion of the distribution right is
limited to the distribution of tangible goods and the transfer of a work to a new medium constitutes a new reproduction. The CJEU’s judgment thus limits the effects of the UsedSoft judgment of 3 July 2012, a broad interpretation of which could have suggested that exhaustion digital goods other than software, such as music files, videos, video games and books.

2015 09 IP Entertainment Law (Sept 2015)