Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 25.1.2016 | EN | Official Journal of the European Union | C 27/6 |

---

Request for a preliminary ruling from the Rechtbank Midden-Nederland (Netherlands) lodged on 5 October 2015 — Stichting Brein v Jack Frederik Wullems, currently trading under the name Filmspeler

(Case C-527/15)

(2016/C 027/08)

Language of the case: Dutch

Referring court

Rechtbank Midden-Nederland

Parties to the main proceedings

Applicant: Stichting Brein

Defendant: Jack Frederik Wullems, currently trading under the name Filmspeler

Questions referred

|  |  |
| --- | --- |
| 1) | Must Article 3(1) of the Copyright Directive[(1)](#ntr1-C_2016027EN.01000602-E0001) be interpreted as meaning that there is ‘a communication to the public’ within the meaning of that provision, when someone sells a product (mediaplayer) in which he has installed add-ons containing hyperlinks to websites on which copyright-protected works, such as films, series and live broadcasts are made directly accessible, without the authorisation of the right holders? |

|  |  |  |  |  |  |  |  |
| --- | --- | --- | --- | --- | --- | --- | --- |
| 2) | Does it make any difference   |  |  | | --- | --- | | — | whether the copyright-protected works as a whole have not previously been published on the internet or have only been published through subscriptions with the authorisation of the right holder? |  |  |  | | --- | --- | | — | whether the add-ons containing hyperlinks to websites on which copyright-protected works are made directly accessible without the authorisation of the right holders are freely available and can also be installed in the mediaplayer by the users themselves? |  |  |  | | --- | --- | | — | whether the websites and thus the copyright-protected works made accessible thereon — without the authorisation of the right holders — can also be accessed by the public without the mediaplayer? | |

|  |  |
| --- | --- |
| 3) | Should Article 5 of the Copyright Directive (Directive 2001/29/EC) be interpreted as meaning that there is no ‘lawful use’ within the meaning of Article 5(1)(b) of that Directive if a temporary reproduction is made by an end user during the streaming of a copyright-protected work from a third-party website where that copyright-protected work is offered without the authorisation of the right holder(s)? |

|  |  |
| --- | --- |
| 4) | If the answer to question 1) is in the negative, is the making of a temporary reproduction by an end user during the streaming of a copyright-protected work from a website where that copyright-protected work is offered without the authorisation of the right holder(s) then contrary to the ‘three-step test’ referred to in Article 5(5) of the Copyright Directive (Directive 2001/29/EC)? |

---

[Top](#document1)