17.7.2017
EN
Official Journal of the European Union
C 231/5
Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 31 March 2017 — Land Nordrhein-Westfalen v Dirk Renckhoff
(Case C-161/17)
(2017/C 231/06)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: Land Nordrhein-Westfalen
Defendant: Dirk Renckhoff
Question referred
Does the inclusion of a work — which is freely accessible to all internet users on a third-party website with the consent of the copyright holder — on a person’s own publicly accessible website constitute a making available of that work to the public within the meaning of Article 3(1) of Directive 2001/29/EC (1) if the work is first copied onto a server and is uploaded from there to that person’s own website?
(1) 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, OJ 2001 L 167, p. 10.
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