VI. Result
59. In the light of the above, I believe that the Court should answer the questions put by Svea Hovrätt (Svea Court of Appeal, Stockholm, Sweden) as follows:
The electronic submission of copyrighted material by a party to the proceedings or a party to the proceedings as evidence to a court does not constitute “communication to the public” or “distribution to the public” within the meaning of Article 3 (1) and Article 4 (1) of Directive 2001/29 / EC of May 22, 2001 on the harmonization of certain aspects of copyright and related rights in the information society. The mere fact that such evidence is considered a public document and the public thus has fundamental access to the national freedom of information or transparency regulations can receive the copyrighted material in question, does not have the consequence that it becomes generally accessible and is no longer protected by copyright.
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