CJEU Advocate General concludes that there can only be "analogue" exhaustion

Advocate General (AG) Cruz Villalón issued his Opinion (dated 11 September 2014) in Case C-419/13, Art & Allposters International BV v Stichting Pictoright, a reference for a preliminary ruling from the Dutch Supreme Court, clarifying the question whether a person who owns the copyright in a painting, who has previously consented to its marketing as a poster, can later object to the commercialisation of the same image transferred on canvas.
Inter alia, the AG reflected on the question whether EU law might allow digital exhaustion for subject-matter other than software, but concluded that there could be no exhaustion in the case at hand, because the alteration by Art & Allposters was particularly relevant: Given the relevance of the alteration in which the works had been commercialised, Pictoright had kept the right to control the distribution of the works' reproductions.