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Europe Daily Bulletin No. 12306

30 July 2019
Contents Publication in full By article 16 / 21
COURT OF JUSTICE OF THE EU / Intellectual property
Unless sample taken is modified, unauthorised ‘sampling’ can infringe a phonogram producer’s rights
Brussels, 29/07/2019 (Agence Europe)

In its judgment C-476/17, delivered on 29 July, the Court of Justice of the European Union ruled that "the reproduction by a user of a sound sample, even if very short, taken from a phonogram must, in principle, be regarded as a reproduction". However, the Court asserts the " fair balance " between the interests of the holders of copyright and the protection of the interests and fundamental rights of users of protected subject matter enshrined in the Charter of Fundamental Rights, and...

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