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Case C-456/06: Judgment of the Court (Fourth Chamber) of 17 April 2008 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Peek & Cloppenburg KG v Cassina SpA (Copyright — Directive 2001/29/EC — Article 4(1) — Distribution to the public by sale or otherwise of the original of a work or a copy thereof — Use of reproductions of copyright-protected furniture as items of furniture exhibited in a sales area and in display windows — No transfer of ownership or possession)
ECLI:EU:UNKNOWN:62006CA0456
62006CA0456
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Official Journal of the European Union
C 142/7
(Case C-456/06)
(Copyright - Directive 2001/29/EC - Article 4(1) - Distribution to the public by sale or otherwise of the original of a work or a copy thereof - Use of reproductions of copyright-protected furniture as items of furniture exhibited in a sales area and in display windows - No transfer of ownership or possession)
(2008/C 142/10)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Peek & Cloppenburg KG
Defendant: Cassina SpA
Re:
Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Articles 28 EC and 30 EC and of Article 4(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10) — Use, without the consent of the copyright holder, of reproductions of copyright-protected items of furniture as furnishings arranged in a sales area and for decorative display purposes — Whether such use, which does not involve any form of transfer of ownership or possession, does or does not constitute a ‘form of distribution to the public’
Operative part of the judgment
The concept of distribution to the public, otherwise than through sale, of the original of a work or a copy thereof, for the purpose of Article 4(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, applies only where there is a transfer of the ownership of that object. As a result, neither granting to the public the right to use reproductions of a work protected by copyright nor exhibiting to the public those reproductions without actually granting a right to use them can constitute such a form of distribution.
(1) OJ C 326, 30.12.2006.