SETTING THE LIMITS OF THE CONCEPT OF “COMMUNICATION TO THE PUBLIC” BY THE EUROPEAN COURT OF JUSTICE DUE TO COPYRIGHT INFRINGEMENT IN INFORMATION SOCIETY.

Abstract

The supply to the public by downloading, for permanent use, of an e-book is an act of communication to the public. This has been stated by the Court of Justice of the European Union in its judgment of December 19, 2019 (Tom Kabinet case). This is an extremely important judgment in which the Court rules on the distinction between the concepts of distribution and communication to the public, the contours of which are not entirely clear in the digital sphere.