Exhaustion and the Alteration of Copyright Works in EU Copyright Law – (C-419/13) Art & Allposters International BV v Stichting Pictoright

Abstract

The Judgment of the Court of Justice in (C-419/13) Art & Allposters International BV v Stichting Pictoright concerned a claim that the transfer of an image from paper poster to artist’s canvas infringed copyright in that image. It is argued here that, while the case sheds little light on the potential application of the Usedsoft principle to copyright works more generally, its significance extends well beyond the relatively specialist practices with which the national proceedings were concerned. Following an outline of the Judgment, the article goes on to consider its implications for our understanding of the reproduction, distribution and adaptation rights in EU copyright law.

Keywords: copyright, European Union, exclusive rights, economic rights, reproduction, distribution, adaptation, exhaustion, Court of Justice, European copyright law

JEL Classification: K11