Official Journal of the European Union

C 73/8

(Case C-302/10) (<span class="super">1</span>)

(Copyright - Information society - Directive 2001/29/EC - Article 5(1) and (5) - Literary and artistic works - Reproduction of short extracts of literary works - Newspaper articles - Temporary and transient reproductions - Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of the reproduction and storage of part of that reproduction - Acts of temporary reproduction which form an integral and essential part of such a technological process - Purpose of those acts being the lawful use of a work or protected subject-matter - Independent economic significance of those acts)

2012/C 73/12

Language of the case: Danish

Referring court

Parties to the main proceedings

Claimant: Infopaq International A/S

Defendant: Danske Dagblades Forening

Re:

Reference for a preliminary ruling — Højesteret — Interpretation of Articles 2 and 5(1) and (5) 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) — Company which has as its main activity the compilation of summaries of newspaper articles by means of scanning — Storage of an extract of an article consisting of a search word with the five words which precede it and the five words which follow it — Temporary acts of reproduction which constitute an integral and essential part of a technological process

Operative part of the order

1.Article 5(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 must be interpreted as meaning that the acts of temporary reproduction carried out during a ‘data capture’ process, such as those in issue in the main proceedings,

fulfil the condition that those acts must constitute an integral and essential part of a technological process, notwithstanding the fact that they initiate and terminate that process and involve human intervention;

fulfil the condition that those acts of reproduction must pursue a sole purpose, namely to enable the lawful use of a protected work or a protected subject-matter;

fulfil the condition that those acts must not have an independent economic significance provided, first, that the implementation of those acts does not enable the generation of an additional profit going beyond that derived from the lawful use of the protected work and, secondly, that the acts of temporary reproduction do not lead to a modification of that work.

2.Article 5(5) of Directive 2001/29 must be interpreted as meaning that, if they fulfil all the conditions laid down in Article 5(1) of that directive, the acts of temporary reproduction carried out during a ‘data capture’ process, such as those in issue in the main proceedings, must be regarded as fulfilling the condition that the acts of reproduction may not conflict with a normal exploitation of the work or unreasonably prejudice the legitimate interests of the rightholder.

(<span class="super">1</span>) OJ C 221, 14.8.2010.