Digital exploitation of out-of-print books and copyright law: French licensing mechanism for out-of-print books under CJEU scrutiny

In its decision in Soulier, Doke v Ministre de la Culture et de la Communication, Premier ministre (C- 301/15), the CJEU has looked at the French licensing mechanism for out-of-print books and its compatibility with EU Copyright rules. It held that national legislation which replaces the author’s express and prior consent with tacit consent or a presumption of consent infringe the author’s reproduction and making available rights. The CJEU’s decision has far-reaching implications on rights management schemes operating with implicit or presumed consent