News
Cloud computing services for the remote video recording: the right-holder’s consent is compulsory
- 11/09/2017
The Turin Court was requested to ascertain whether or not the activities of a commercial undertaking, which, without the right-holder’s consent, provided private individuals with so-called cloud computing services for the remote video recording of private copies of works protected by copyright, were lawful.
So, the Italian Court asked the European Court of Justice to establish whether or not the commercial undertaking at issue could invoke the exception on private copying, provided for by Article 5 of Directive 2001/29/EC.
In his Conclusions delivered on 7th September 2017 in Case C-265/16, the Advocate General has stated that the commercial undertaking cannot invoke the said exception, in that it may be applied only if the reproduction is made by a natural person for private use. Moreover, the broadcast signal from which the recording was made, was picked up by the undertaking itself and not by private individuals.
Therefore, in the opinion of the Advocate General, the commercial company at issue has to obtain the right-holder’s consent.
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