Digital Exploitation of Out-of-Print Books and Copyright Law: French Licensing Mechanism for Out-of-Print Books under CJEU Scrutiny

摘要

In its decision in Soulier v Premier ministre (C-301/15), the CJEU looked at the French licensing mechanism for out-of-print books and its compatibility with EU copyright rules. It held that national legislation which replaces the author's express and prior consent with tacit consent or a presumption of consent infringe the author's reproduction and making available rights. The CJEU's decision has far-reaching implications on rights management schemes operating with implicit or presumed consent.