Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 31 March 2017 — Land Nordrhein-Westfalen v Dirk Renckhoff
(Case C-161/17)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: Land Nordrhein-Westfalen
Defendant: Dirk Renckhoff
Question referred
Does the inclusion of a work — which is freely accessible to all internet users on a third-party website with the consent of the copyright holder — on a person’s own publicly accessible website constitute a making available of that work to the public within the meaning of Article 3(1) of Directive 2001/29/EC 1 if the work is first copied onto a server and is uploaded from there to that person’s own website?
____________1 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, OJ 2001 L 167, p. 10.