I reported just short of a year ago on the reference in Pinckney, Case C-170/12. The Advocate General opined on 13 June. Jääskinen AG first of all suggests the questions are inadmissible – let’s hope the ECJ will not agree for this will cut short the remainder of the discussion.
Pinckney, a resident of Toulouse (France), is the alleged author, composer and performer of 12 songs which were recorded on vinyl in the 1970s. The works have been copied in Austria, unto CD by Mediatech, registered in Austria. No permission was requested from Pinckney. Two UK-registered companies subsequently marketed the CDs from a variety of websites, which were accessible from Toulouse.
The AG distinguishes between two different infringements – both with ample reference to previous case-law:
Firstly, for reproduction rights, he suggests the locus damni is the same as the locus delicti commissi: for there is no third party involved…
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