VCAST v RTI SpA (Copyright and related rights - Private copying exception : Judgment) [2017] EUECJ C-265/16 (29 November 2017)

VCAST v RTI SpA (Copyright and related rights - Private copying exception : Judgment) [2017] EUECJ C-265/16 (29 November 2017)

Directive 2001/29/EC, particularly Article 5(2)(b), precludes national legislation permitting commercial undertakings to provide cloud-based remote recording services for private copies of copyrighted works by actively involving themselves in the recording without rightholder consent, as this constitutes an act of communication to the public requiring authorisation.

Citation
[2017] EUECJ C-265/16
Parties
Applicant: VCAST Limited; Respondent: RTI SpA
Jurisdiction
European Union
Judgment Date
29 November 2017
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference From National Court
Outcome
Request answered; national law permitting such services is precluded by Directive 2001/29/EC.
Legal Topics
Copyright, Cloud Computing, Private Copy Exception, Communication to the Public
Intellectual Property European Union Law Copyright Cloud Computing Private Copy Exception Communication to the Public

Case Brief

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Parties

VCAST Limited

Applicant

RTI SpA

Respondent

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether Article 5(2)(b) of Directive 2001/29/EC permits a commercial undertaking to provide cloud-based remote recording services for private copies of copyrighted works without rightholder consent
  2. 2 Whether such services fall within the private copying exception under EU law

Ratio Decidendi

Directive 2001/29/EC, particularly Article 5(2)(b), precludes national legislation permitting commercial undertakings to provide cloud-based remote recording services for private copies of copyrighted works by actively involving themselves in the recording without rightholder consent, as this constitutes an act of communication to the public requiring authorisation.

Court Disposition

Request answered; national law permitting such services is precluded by Directive 2001/29/EC.

Orders

  • Directive 2001/29/EC, Article 5(2)(b), precludes national legislation allowing commercial undertakings to provide cloud remote recording services for private copies of copyrighted works without rightholder consent.