(Case C-637/19 Request for a preliminary ruling from the Svea Hovrätt— Patent- och marknadsöverdomstolen (Sweden) lodged on 27August 2019— BY v CX
Fecha: 27-Ago-2019
Request for a preliminary ruling from the Svea Hovrätt— Patent- och marknadsöverdomstolen (Sweden) lodged on 27August 2019— BY v CX
(Case C-637/19)
Language of the case: Swedish
Referring court
Svea Hovrätt, Patent- och marknadsöverdomstolen
Parties to the main proceedings
Applicant: BY
Defendant: CX
Questions referred
Does the term ‘public’ in Articles3(1) and 4(1) of Directive 2001/29/EC1 of the European Parliament and of the Council of 22May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society have a uniform meaning?
If question 1 is answered in the affirmative, is a court to be regarded as falling within the scope of the term ‘public’ within the meaning of those provisions?
If question 1 is answered in the negative: (a) in the event of communication of a protected work to a court, can that court fall within the scope of the term ‘public’? (b) in the event of distribution of a protected work to a court, can that court fall within the scope of the term ‘public’?
Does the fact that national legislation lays down a general principle of access to public documents in accordance with which any person who makes a request can access procedural documents submitted to a court, except where they contain confidential information, affect the assessment of whether submission to a court of a protected work amounts to a ‘communication to the public’ or a ‘distribution to the public’?