Abstract
In the context of national proceedings opposing VCAST Limited and Italian television broadcaster Reti Televisive Italiane S.p.A. (RTI), the Court of Turin (Italy) referred questions about the interpretation of article 5(2)(b) of the Information Society Directive. The referring court essentially asks the CJEU whether the private copying exception should be interpreted as covering reproductions of protected works made through a cloud-based video recording platform.What is crucial for the case currently pending before the CJEU is that the private copying exception is only applicable when the reproduction is made by a natural person, as opposed to a legal person, for ends that are neither directly nor indirectly commercial. I argue, like the U.S. Court of Appeals for the Second Circuit in the Cablevision case, that it is the individual user, not the platform operator, who makes the copies. Accordingly, I conclude that the CJEU should interpret the private copying exception as extending to cases like VCAST's.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Journal of Intellectual Property Law & Practice
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
