No resale of backup copies of software
(Judgment) Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 91/250/EEC – Article 4(a) and (c) – Article 5(1) and (2) – Directive 2009/24/EC – Article 4(1) and (2) – Article 5(1) and (2) – Legal protection of computer programs – Resale of ‘used’ licensed copies of computer programs on non-original material media – Exhaustion of the distribution right – Exclusive right of reproduction)
Held: Article 4(a) and (c) and Article 5(1) and (2) of Directive 91/250 must be interpreted as meaning that, although the initial acquirer of a copy of a computer program accompanied by an unlimited user licence is entitled to resell that copy and his licence to a new acquirer, he may not, however, in the case where the original material medium of the copy that was initially delivered to him has been damaged, destroyed or lost, provide his back-up copy of that program to that new acquirer without the authorisation of the rightholder.
ECLI:EU:C:2016:762, [2016] WLR(D) 521, [2016] EUECJ C-166/15
WLRD, Bailii
Directive 91/250/EEC
European
Intellectual Property
Updated: 01 November 2021; Ref: scu.570145
