Prevention of unauthorized distribution of audiovisual works, phonograms, computer programs, databases on the Internet Peter Munkacsi Head of Unit Ministry of Public Administration and Justice, Budapest Department of EU Law TAIEX presentation, 25 november 2010, Kiev

Distribution right - Art. 4 of the Information Society Directive Legal structure of the distribution right; Notion of the term ‘distribution’ in the Peek & Cloppenburg ECJ decision; Exhaustion of the distribution right.

ECJ case law on Community-wide exhaustion C-78/70 Deutsche Grammophon – phonograms; C-55/80 and C-57/80 Musik-Vertrieb Membran – distribution of sound recordings; C-270/80 Polydor v Harlequin – import of phonograms from third countries.

Distribution and rental rights C-158/96 Warner Brothers/Metronome/Christiansen – export and sales of video cassettes abroad; C-200/96 – Metronome Musik – relation of the EC Treaty and the Rental right Directive; C-61/97 Laserdisken I.; C- 479/04 Laserdisken II.;

Distribution of original work and copy Relationship with Art. 4 (c) of the Computer Program Directive; Relationship with Art 5 (c) and 7(2) (b) of the Database Directive.

Exhaustion and online distribution Online distribution of the copyright protected works – form of the communication to the public rather than reproduction or distribution; Distribution of computer programs –application of the Art 5 (1) of the Computer Program Directive? German case – ‘gebrauchte’ Software.

Prevention measures of unauthorized distribution Hungary – draft new Strategy against counterfeiting and action plan for by National Board Against Counterfeiting (NBAC); Ministry of Public Administration and Justice, Hungarian Patent Office are involved; Three pillars of the strategy.

Action against Internet piracy a round table discussion with the participation of Internet Service Providers, copyright owners and observers from the government

Awareness raising a campaign (before Christmas 2008 and 2009, and Easter 2009) distributing leaflets and stickers placed on electronic products (PCs, laptops) to draw the attention of the buyers of electrical products – with the cooperation of copyright industries and electrical chain stores – to the protection of intellectual property, especially to the consequences of illegal software usage and illegal film and music downloads

Jurisprudence (Work in progress)

Thank you!