Bekanntmachung vorgeschrieben durch Artikel 74 des Sondergesetzes vom 6. Januar 1989 In seinem Urteil vom 4. Dezember 2007 in Sachen der « Auvibel » Gen.mbH gegen die Gesellschaft luxemburgischen Rech
Bekanntmachung vorgeschrieben durch Artikel 74 des Sondergesetzes vom 6. Januar 1989
In seinem Urteil vom 4. Dezember 2007 in Sachen der ´ Auvibel ª Gen.mbH gegen die Gesellschaft luxemburgischen Rechts ´ Emerald Europe AG ª, dessen Ausfertigung am 10. Dezember 2007 in der Kanzlei des Hofes eingegangen ist, hat das Gericht erster Instanz Kortrijk folgende pr‰judizielle Frage gestellt:
´ Verstˆsst Artikel 55 des Gesetzes ¸ber das Urheberrecht gegen die Artikel 10 und 11 der Verfassung, insofern diese Bestimmung dahingehend ausgelegt wird, dass davon auszugehen ist, dass die Regelung der angemessenen Verg¸tung auf leere Datentr‰ger Anwendung findet, die nicht notwendigerweise dazu dienen, akustische oder audiovisuelle Werke darauf zu speichern, so dass K‰ufer solcher leeren Datentr‰ger, die darauf...
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