Brussels, 07/07/2016 (Agence Europe) - On Thursday 7 July, the Advocate General, Melchior Wathelet, proposed to the European Court of Justice that it consider that the directive on copyright (2001/29) is opposed to the French regime on the so-called “unavailable” books, namely those published before 2001 and which are no longer distributed or published in a printed or digital form.
Two French authors, Marc Soulier and Sarah Doke, requested the cancellation of the French regulation, according to which companies responsible for collecting and distributing rights can authorise, under certain conditions, the re-publication and representation of “unavailable books” in a digital form. The French Council of State requested information from the Court before giving its verdict (C-301/15).
Wathelet points out that the directive demands the express and prior consent of the author for all publications and communications to the public of their books, including those in a digital form. Moreover, the French regime governing unavailable books substitutes for this clear and prior consent of the author by way of a tacit or presumed consent and which, according to the Advocate General, denies the author an essential component of their intellectual property right. It subsequently follows that the directive governing copyright is opposed to the French regime on unavailable books. (Original version in French by Mathieu Bion)