Bonnier Audio AB v Perfect Communication Sweden AB: ECJ 19 Apr 2012

ECJ The applicants, publishers with exclusive rights to reproduce etc, certain audio books, claimed that their exclusive rights had been infringed by the public distribution of the works without their consent by means of a file transport protocol server which allowed file sharing and data transfer between computers connected to the internet. The applicants applied to a district court for disclosure of the IP addresses from which it was assumed that the files in question had been sent. The national measure permitted an internet service provider to be ordered to give a copyright holder information on the subscriber to whom the internet service provider had supplied a specific IP address which was used in the infringement of the copyright. The ECJ was asked whether this was precluded by Directive 2006/24.
Held: The Swedish domestic legislation: ‘enables the national court seised of an application for disclosure of personal data, made by a person who is entitled to act, to weigh the conflicting interests involved, on the basis of the facts of each case and taking due account of the requirements of the principle of proportionality.
In those circumstances, such legislation must be regarded as likely, in principle, to ensure a fair balance between the protection of intellectual property rights enjoyed by copyright holders and the protection of personal data enjoyed by internet subscribers or users.’
C-461/10, [2012] EUECJ C-461/10
Directive 2002/58/EC 15, Directive 2006/24 4, Directive 2004/48/EC 8
OpinionBonnier Audio AB v Perfect Communication Sweden AB ECJ 17-Nov-2011
ECJ (Opinion) Copyright and related rights – Right to effective protection of intellectual property – Directive 2004/48/EC – Article 8 – Protection of personal data – Electronic communications – Retention of data . .

Cited by:
CitedThe Rugby Football Union v Consolidated Information Services Ltd SC 21-Nov-2012
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in . .

These lists may be incomplete.
Updated: 28 April 2021; Ref: scu.470826