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Judgment of the Court (Grand Chamber), 3 July 2012. Reference for a preliminary ruling from the Bundesgerichtshof. Rental and lending rights for authors have been established in Directive 92/100/EEC.

Unlike CD-ROM or CD-I, where the intellectual property is incorporated in a material medium, namely an item of goods, every on-line service is in fact an act which should be subject to authorisation where the copyright or related right so provides.’ 9 In accordance with Article 1(2)(a) of Directive 2001/29, the directive ‘shall leave intact and shall in no way affect existing Community provisions relating to … 15 Article 1(1) of Directive 2009/24 provides that ‘Member States shall protect computer programs, by copyright, as literary works within the meaning of the Berne Convention for the Protection of Literary and Artistic Works’.16 Under Article 1(2) of that directive, ‘[p]rotection in accordance with this Directive shall apply to the expression in any form of a computer program’.17 Article 4 of the directive, ‘Restricted acts’, provides: ‘1. Such protection applies to computer programs, whatever may be the mode or form of their expression.’ 5 Article 6 of the Copyright Treaty, ‘Right of distribution’, provides: ‘1. That treaty was approved on behalf of the European Community by Council Decision 2000/278/EC of 16 March 2000 (OJ 2000 L 89, p. 4 Article 4 of the Copyright Treaty, ‘Computer programs’, reads as follows: ‘Computer programs are protected as literary works within the meaning of Article 2 of the Berne Convention.

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Legal context International law 3 The World Intellectual Property Organisation (WIPO) adopted the WIPO Copyright Treaty (‘the Copyright Treaty’) in Geneva on 20 December 1996.

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