The Delicate Scope of Economic Rights in EU Copyright Law: Opinion of the European Copyright Society in light of Case C-161/17, Land Nordrhein-Westfalen v Renckhoff (Córdoba Case).

This opinion from the European Copyright Society (ECS) discusses the implications of the recent decision of the CJEU in Case 161/17 (Renckhoff v Cordoba/In that case, the CJEU has confirmed that the uploading of a photograph that was already made available on a different website with the consent of the photographer constitutes an act of communication to the public. The ECS is concerned with the further consequences of the ruling, as this finding should not lead to the result that a student's inclusion of a photograph in a school assignment made available on the school 's website constitutes a copyright infringement. The ECS points in this respect to the availability of exceptions and limitations, notably for the purposes of education and quotation, and also suggests that the CJEU should consider developing a de minimis rule for dealing with uses that have minimal impact on the interests of right holders. [ABSTRACT FROM AUTHOR]