At least until the UK formally withdraws from the EU, the quotation exception in section 30(1ZA) of the Copyright, Designs and Patents Act 1988 must be interpreted, as far as possible, in a manner consistent with article 5(3)(d) of the Information Society Directive, from which it is derived. There is, as yet, no jurisprudence of the CJEU that makes clear its view on the scope of article 5(3)(d), or the characteristics of its central concept, quotation. This presentation will contend that the meaning of article 5(3)(d) is in any case clear, since and by reason of the CJEU’s decision on article 5(3)(k) of the Information Society Directive in Deckmyn. Specifically, it will contend that the application of the principles affirmed and applied in Deckmyn results in a limited reading of the concept of quotation under article 5(3)(d) and, thus, of the same concept under section 30(1ZA).
A light lunch will be served. All are welcome.