ARPINE HOVHANNISYAN

Lecturer at the Chair of Civil Law of

YSU Faculty of Law, PhD,

Associate Professor

MARIAM AYVAZYAN

LLM

DOI: https://doi.org/10.59546/18290744-2025.7-9-26

Annotation.

The right of reproduction constitutes one of the most fundamental and central rights within the framework of copyright and related rights. Technological advancements in the digital age have significantly transformed both the practical application and interpretative approaches to this right. Contemporary technologies allow for the reproduction of copyright-protected works and performances in a wide array of formats and through various means—often enabling the creation of an almost unlimited number of copies within mere seconds.

In this context, and considering the challenges posed by the digital environment, the article seeks to analyze the exceptions to the right of reproduction, namely, the acts of temporary and transient reproduction that do not require authorization from the rights holder. Given the absence of any interpretative guidance on these exceptions within Armenian legal practice, the analysis relies on the provisions of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society, as well as on the case law of the Court of Justice of the European Union (CJEU). This approach is particularly relevant since Armenian legislation reflects the terminology and legal concepts set forth in the Directive with respect to the right of reproduction.

The article identifies and examines the interpretative criteria developed by the CJEU concerning temporary and transient acts of reproduction, which may serve as valuable guidance for the Armenian legal system in adopting a contemporary interpretation of the right of reproduction.

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