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Case C-392/19: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 21 May 2019 — VG Bild-Kunst v Stiftung Preußischer Kulturbesitz

ECLI:EU:UNKNOWN:62019CN0392

62019CN0392

May 21, 2019
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Valentina R., lawyer

12.8.2019

EN

Official Journal of the European Union

C 270/20

(Case C-392/19)

(2019/C 270/23)

Language of the case: German

Referring court

Parties to the main proceedings

Appellant in the appeal on a point of law: VG Bild-Kunst

Respondent in the appeal on a point of law: Stiftung Preußischer Kulturbesitz

Question referred

Does the embedding of a work — which is available on a freely accessible website with the consent of the rightholder — in the website of a third party by way of framing constitute communication to the public of that work within the meaning of Article 3(1) of Directive 2001/29/EC (1) where it occurs through circumvention of protection measures against framing taken or instigated by the rightholder?

(1) 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).

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