Примери за използване на Right of distribution на Английски и техните преводи на Български
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Colloquial
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Official
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Medicine
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Ecclesiastic
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Ecclesiastic
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Computer
Right of distribution.
Exclusive right of distribution.
That right is to include in particular the right of distribution.
It is clear from those provisions that only the right of distribution is subject to exhaustion, not the right of reproduction or alteration.
Nor can those reproductions be considered to be covered by the rule of the exhaustion of the right of distribution.
Article 6 of the CT,entitled‘Right of distribution', provides.
That obligation is not relevant for the purpose of determining whether there is an infringement of the right of distribution.
Article 6 of the CT,headed‘Right of distribution', provides, in paragraph 1.
The right of distribution is the right to offer to the public or put into circulation the original work or copies thereof.'.
Article 6 of the CT,entitled‘Right of distribution', provides.
I would point out in that regard that Microsoft does not dispute that original tangible copies of its computer programs, sold by it or with its consent,benefit from exhaustion of the right of distribution.
B- The existence of an infringement of the right of distribution in respect of the sale of non-original tangible copies of computer programs.
The latter was opposed to that resale practice, arguing in particular that the rule of the exhaustion of the right of distribution did not apply to intangible copies of that kind.
In fact, under that provision, exhaustion of the right of distribution is applied unconditionally to any original copy sold by the rightholder or with his consent.
It is now necessary to consider whether Article 4(c)of Directive 91/250 must be interpreted as meaning that the rightholder's exclusive right of distribution is infringed in the circumstances set out in point 25 of this Opinion.
By recognising the rule of exhaustion of the right of distribution in the internet environment, the Court would thus resolve a problem that does not really need to be resolved and that to a large extent belongs to the past.
In the more‘traditional' context of original tangible copies sold with the rightholder's consent,there is no particular risk to the effectiveness of the rule of exhaustion of the right of distribution.
The answer to this question can be inferred, in my view, from the distinction between the right of distribution, which is exhaustible, and the right of reproduction, which is not exhaustible.
Even if the copy made by a user is lawful in the light of the conditions laid down in Article 5(1) or(2) of Directive 91/250,that does not imply that that user has the right to sell that copy without infringing the right of distribution.
(9) Thus, any deterioration of the paper poster does not mean that the user can,without infringing the right of distribution, transfer the image to a painter's canvas and sell it without the rightholder's authorisation.
By analogy, the exhaustion of the right of distribution provided for by the second sentence of Article 4(c) of Directive 91/250 benefits only the original medium sold by the rightholder or with his consent(the original tangible copy).
In the light of all those reasons, I consider that Article 4(c)of Directive 91/250 must be interpreted as meaning that the rightholder's exclusive right of distribution is infringed in the circumstances identified in point 25 of this Opinion.
It must be observed that the exhaustion of the right of distribution of a copy of a computer program under Article 4(2) of Directive 2009/24 only concerns copies which have been the subject of a first sale in the European Union by the copyright holder or with his consent.
According to a strict approach advocated by Microsoft and by the Italian and Polish Governments,a non-original tangible copy can never benefit from exhaustion of the right of distribution and therefore cannot be sold by a user without the rightholder's authorisation.
Moreover, although the questions raised refer explicitly to exhaustion of the right of distribution alone, those questions refer also to provisions establishing derogations from the right of reproduction, namely Article 5(1) and(2) of Directive 91/250.
By its second question, which should be addressed first, the referring court essentially seeks to know whether and under what conditions the downloading from the internet of a copy of a computer program, authorised by the copyright holder,can give rise to exhaustion of the right of distribution of that copy in the European Union within the meaning of Article 4(2) of Directive 2009/24.
The Court held that exhaustion of the right of distribution laid down in Article 4(2) Directive 2001/29 covered only the original medium sold with the rightholder's consent(paper poster) and could not be extended to the new medium incorporating the image of the protected work(painter's canvas).
(Reference for a preliminary ruling- Directive 91/250/EEC- Legal protection of computer programs- Sale of non-original copies of computer programs- Copies incorporated in a material medium other than the original material medium- Existence of an infringement of the right of distribution- Possibility of relying on exhaustion of the right of distribution- Existence of an infringement of the right of reproduction).
According to the 2002 Recommendation, the Convention would establish a right of distribution or the right to authorise or prohibit the making available to the public through sale or other transfer of ownership of fixations and copies of fixations of their broadcasts, including broadcasts of programmes that are not protected by copyright.
The fact that, under those harmonising rules, Member States might retain some competence to create limitations or to opt for a higher level of protection does not affect the exclusive character of that competence because, in particular, common rules exist regarding the right of fixation, the right of reproduction, the right of retransmission, the right of communication to the public,the right of making available and the right of distribution.