The Court ruled that a literary book had been unlawfully adapted into a theatrical work and that it was unlawfully presented to the public as theatrical play during cultural festivals. The unlawful adaptation and public performance of the book infringed the author’s moral right and the publishing house’s property rights.
The Court ruled that there was a well-founded risk of future infringement of the applicants’ rights, given that the infringement occurred more than once through two theatrical performances.
The defendants’ arguments that the theatrical performances were made “in the heat of the moment” in order for them to pay the cast and crew, as the defendants thought that they would reach an agreement with the applicants, were not convincing.
The Court ordered the defendants (a) to temporarily cease and refrain in the future from adapting and/or modifying and/or transforming and/or converting part or all of the literary book, (b) to temporarily cease and refrain in the future from communicating to the public in any way and publicly performing and producing part or all of the literary book and (c) to temporarily cease and refrain in the future from advertising and promotion in general in any medium, including the internet and the social media, of a part or all of the literary book, threatening also each defendant with a fine of one thousand euros for non-compliance with the provisions of the said decision as well as personal detention for a one-month period.