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Showing posts with the label VCAST C-265/16; Article 5(2)(b) InfoSoc Directive; EU copyright; CJEU; Article 3 InfoSoc Directive; communication to the public; cloud-based video recording

The VCAST decision: how to turn a private copying case into a case about communication/making available to the public

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Earlier today this blog  reported  that, a few months after Advocate General (AG) Szpunar released his  Opinion  in  VCAST , C-265/16  [ here ] , the Court of Justice of the European Union (CJEU) has now released its  decision . As readers know, this was a reference from Italy (Turin Court of First Instance) that one would have thought  [as the questions were indeed about it!]  to concern the understanding and application of the private copying exception within Article 5(2)(b) of the  InfoSoc Directive  to cloud-based video-recording services. Well, although the AG Opinion is indeed about this, the CJEU judgment is not.  The Court, in fact, made the case about the right of communication/making available to the public within Article 3 of the InfoSoc Directive. Let’s start then and see why  VCAST  is not really – or at least is no longer - a case about the private copying exception. Background ...