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Copyright

26 April 2013
Issue: 7557 / Categories: Case law , Law digest , In Court
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Public Relations Consultants Association Ltd v Newspaper Licensing Agency Ltd and others [2013] UKSC 18, [2013] All ER (D) 102 (Apr)

The Supreme Court decided to refer to the Court of Justice of the European Union the question whether the requirements of Art 5(1) of Counsel Directive (EC) 2001/29 (on the harmonisation of certain aspects of copyright and related rights in the information society), that acts of reproduction should be: (i) temporary; (ii) transient or incidental; and (iii) an integral and essential part of the technological process, had been satisfied by the technical features in issue, having regard in particular to the fact that a copy of protected material might, in the ordinary course of internet usage, remain in the cache for a period of time after the browsing session which had generated that copy had been completed until it was overlaid by other material, and a screen copy would remain on screen until the browsing session had been terminated by the user.

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