Примери за използване на Exclusive right of reproduction на Английски и техните преводи на Български
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Exclusive right of reproduction;
That provision therefore defines a phonogram producer's exclusive right of reproduction in the European Union in unequivocal terms.
The exclusive right of reproduction;
Accordingly, rightholders may no longer rely on their exclusive right of reproduction to oppose the making of private copies.
(ii) in the case of cinematographic works,unless such commercial rental has led to widespread copying of such works materially impairing the exclusive right of reproduction.
The rightholders' exclusive right of reproduction, and the users' corresponding obligation to refrain from reproducing protected works are extinguished in so far as private copies are concerned.
Article 5(2)(b) of the same directive nevertheless allows the Member States the option of providing for exceptions to the exclusive right of reproduction referred to in Article 2.
How then should the exclusive right of reproduction of phonogram producers pursuant to Article 2(c) of Directive 2001/29 be assessed in the light of the fundamental rights enshrined in the Charter?
(ii) in the case of cinematographic works,unless such commercial rental has led to widespread copying of such works materially impairing the exclusive right of reproduction.
These rights are the exclusive right of reproduction and the exclusive right of communication to the public of musical works, which includes the right of making available.
The defendants in the main proceedings contended that the application should be dismissed, submitting, in particular,that the decree at issue does not undermine the objectives of Directive 2001/29 since it does not establish an exception or limitation to the exclusive right of reproduction of a work within the meaning of that directive.
That provision is intended thus to preclude the exclusive right of reproduction conferred on authors from preventing the publication, by means of quotation accompanied by comments or criticism, of extracts from a work already available to the public.
Thus, any reproduction that accompanies the resale of a work in digital form must either be authorised by the holder of the exclusive right of reproduction or come under an exception to that exclusive right. .
Article 5(3)(e) of Directive 2001/29 provides for an exception to the exclusive right of reproduction for uses of protected works and other subject-matter for the purposes of public security or to ensure the proper performance of administrative, parliamentary or judicial proceedings, without mentioning the lawfulness of the sources.
In view of the foregoing, I consider that the Article 4(a) and Article 5(1) and(2)of Directive 91/250 must be interpreted as meaning that the rightholder's exclusive right of reproduction is infringed in the circumstances identified in point 25 of this Opinion.
However, to compensate for the extinction of the rightholders' exclusive right of reproduction and the users' corresponding obligation to refrain from reproducing protected works, Article 5(2)(b) of Directive 2001/29 creates a new right in favour of rightholders by requiring that they‘receive fair compensation'.
A Member shall be excepted from this obligation in respect of cinematographic works unless such rental has led to widespread copying of such works which is materially impairing the exclusive right of reproduction conferred in that Member on authors and their successors in title.
Moreover, and in order to preserve the effectiveness of the exhaustion rule,the Court held that, notwithstanding the rightholder's exclusive right of reproduction, the second acquirer of an intangible copy of that kind has the right to make a copy of it on his computer in order to use the program in accordance with its intended purpose, pursuant to Article 5(1) of Directive 91/250.
With respect to cinematographic works, the exclusive rental right is subject to the so-called impairment test:a Member is excepted from the obligation unless such rental has led to widespread copying of such works which is materially impairing the exclusive right of reproduction conferred in that Member on authors and their successors in title.
The fair compensation must be financed by the natural person who causes the harm to the holder of the exclusive right of reproduction by making, without requesting prior authorisation, a reproduction of a protected work or other subject-matter for his private use for non-commercial ends.
(11) The legal uncertainty concerning text and data mining should be addressed by providing for a mandatory exception for universities andother research organisations, as well as for cultural heritage institutions, to the exclusive right of reproduction and to the right to prevent extraction from a database.
(1) Any country which has declared that it will avail itself of the faculty provided for in this Article shall be entitled to substitute for the exclusive right of reproduction provided for inArticle 9 a system of non-exclusive and non-transferable licenses, granted by the competent authority under the following conditions and subject to Article IV.
Secondly, it would indirectly legitimise the grave interference with the normal exploitation of protected works and other subject-matter, in complete disregard of the second condition laid down in the provision, andthus upset the fair balance which that provision establishes between the exclusive right of reproduction of rightholders and the beneficiaries of the private copying exception.
(33) The exclusive right of reproduction should be subject to an exception to allow certain acts of temporary reproduction, which are transient or incidental reproductions, forming an integral and essential part of a technological process and carried out for the sole purpose of enabling either efficient transmission in a network between third parties by an intermediary, or a lawful use of a work or other subject-matter to be made.
It must be observed that Directive 2001/29 contains no express reference to the second condition contemplated by Article 5(5) of Directive 2001/29,pursuant to which any exception to or limitations on the exclusive right of reproduction must not conflict with the normal exploitation(36)of protected works or other subject-matter.
First of all, independently of the question whether Directive 2001/29 brought about full harmonisation of the private copying exception,(74) that possibility would have an appreciable effect on one of the objectives pursued by Directive 2001/29,which relates to the coherent application of the exceptions to and limitations on the exclusive right of reproduction which it exhaustively enumerates.
Where the‘exceptional' arrangements provided for by Article 5(2)(b) of Directive 2001/29 are implemented under the national lawof a Member State, the rightholders' exclusive right of reproduction and the users' corresponding obligation to refrain from reproducing protected works are extinguished in so far as private copies are concerned.
I shall therefore begin by considering the question whether Article 5 of Directive 2001/29, taken as a whole, may be interpreted as meaning that the private copying levy may be charged in respect of reproductions made from unlawful sources, that is to say, from sources that have not been produced or broadcast orcommunicated to the public with the consent of the holders of the exclusive right of reproductionfirst question and second question.
While the simultaneous resale of the downloaded copy by the first acquirer, together with its use, falls within the ambit of the right of distribution,the assignment of a user licence such as that issued by Oracle to its customers involves the exercise of the exclusive right of reproduction, since it allows a new copy of the program to be made by download from the internet or by reproduction from a copy already held by the user.