European Court decision on Danish press monitoring Agency

The European Court of Justice (ECJ) has published a judgment on the interpretation of Articles 2 and 5(1) of Directive 2001/29/EC (Case C-5/08, Infopaq International A/S v Danske Dagblades Forening, 16 July 2009). The case concerns Infopaq, a Danish press monitoring agency, which was scanning newspaper articles for commercial purposes without the permission from rightholders. The ECJ held that Infopaq's data capture process did come within the concept of reproduction as set out in Article 2 of the Directive 2001/29/EC, if the elements reproduced were the "expression of the intellectual creation of their author". The ECJ also ruled that the act of printing out an extract of 11 words, during such a data capture process, was not transient in nature as required by Article 5(1) of the same Directive. Therefore, that process could not be carried out without the relevant rightholders' consent.