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14.12.2020 |
EN |
Official Journal of the European Union |
C 433/14 |
Judgment of the Court (Fifth Chamber) of 28 October 2020 (request for a preliminary ruling from the Svea hovrätt — Patent- och marknadsöverdomstolen — Sweden) — BY v CX
(Case C-637/19) (1)
(Reference for a preliminary ruling - Copyright and related rights - Directive 2001/29/EC - Information society - Harmonisation of certain aspects of copyright and related rights - Article 3(1) - Communication to the public - Notion of ‘public’ - Transmission by electronic means to a court of a protected work as evidence in court proceedings)
(2020/C 433/16)
Language of the case: Swedish
Referring court
Svea hovrätt — Patent- och marknadsöverdomstolen
Parties to the main proceedings
Applicant: BY
Defendant: CX
Operative part of the judgment
Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that the concept of ‘communication to the public’, referred to in that provision, does not cover the transmission by electronic means of a protected work to a court, as evidence in judicial proceedings between individuals.