EWC
  • ABOUT US
    • WHO WE ARE
    • OUR BOARD
    • OUR MEMBERS
    • STATUTES
    • MEDIA
    • CONTACT US
  • NEWS
    • NEWSROOM
    • EVENTS
    • PROJECTS
      • #FREE ALL WORDS
  • ALLIANCES
    • JOINT STATEMENTS
    • STAKEHOLDERS
  • AUTHORS’ RIGHTS
    • ARTIFICIAL INTELLIGENCE
    • ARTISTIC FREEDOM
    • CONTRACTS
    • EDUCATIONAL SECTOR
    • E-LENDING
    • PLR
    • STATEMENTS
    • SURVEYS
    • WORKING GROUPS
  • CULTURE POLICY
    • DAY OF EUROPEAN AUTHORS
    • #BEHINDEVERYBOOK
    • CRISIS MONITORING
    • DIVERSITY & INCLUSION
  • CULTURAL EXCHANGE
    • EWC BURNING ISSUS FORUM
    • EWC LITERARY EVENTS

CURRENT PROJECT

Free All Words#FreeAllWords: International Text and Translation Fund of the European Writers‘ Council (EWC) gives a voice to authors from Belarus and Ukraine

freeallwords.com

EWC welcomes the decision against “re-sale” of e-Books

19th December 2019
Statue of Lady Justice holding scales and sword in front of a blue cloudy sky © Felix Pergande

The sale of second-hand e-books through a website constitutes a communication to the public that is subject to authorisation by the author:

The CJEU ruled in Case C-263/18 Nederlands Uitgeversverbond and Groep Algemene Uitgevers v Tom Kabinet Internet BV and Others (see here) that: the sale of second-hand e-books through a website constitutes a communication to the public subject to authorisation by the author.

About Tom Kabinet:

Tom Kabinet, a dutch online platform specialized in the sale of so called “second-hand” e-books to its members, was first sued unsuccessfully by the Dutch Publishers Association (NUV) and the General Publishers Group (GAU) before the District Court and Court of Appeal of Amsterdam, and later in front of the District Court of the Hague, which decided to stay the proceedings and refer the case to the CJEU. Under the wide range of e-books had been also many copies of e-Books by illegal sources.

Secondary market for digital objects?

If the CJEU would have had decided against authors and for Tom Kabinet, there would have been only one glad third party: Amazon. Since 2013 they have the patent on re-selling e-Books on a “secondary market for digital objects”:

 

Press Release of CJEU:

https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-12/cp190159en.pdf

Previous Post
Creative Europe Programme: EWC signs Open Letter
Next Post
Joint statement of the European book sector concerning the cultural budget in Flanders
EWC
info@europeanwriterscouncil.eu
+32 2 290 92 50
European Writers’ Council
(EWC-FAEE AISBL)
Rue du Prince Royal 85-87
1050 Brussels
Belgium
Get in touch
Twitter
Facebook
Instagram
EWC
IMPRINT
PRIVACY POLICY
MEMBERS AREA
Related Links
balticwriterscouncil.info
ceatl.eu
culturalcreators.eu
creativityworks.eu
ifrro.org
plrinternational.com
Current Projects
Free All Words


#FreeAllWords
: Fee and Translation Fund for texts by Authors from Countries under pressure

© 2022 European Writers’ Council | All rights reserved.

This website uses cookies to improve your experience. If you continue to use this site, you agree with it. PRIVACY POLICY