Private copying of infringing works: questions for the CJEU

On Friday of last week the Hoge Raad der Nederlanden (Dutch Supreme Court) decided to refer some questions to the Court of Justice of the European Union (CJEU) on the issue of whether the private copy exception can also apply in a situation in which the copy is made from an illegal source. The name of the case is ACI Adam B.V. and others v Stichting de Thuiskopie and another.

Professor Tobias Cohen Jehoram (De Brauw Blackstone Westbroek N.V.) has kindly sent a copy of the judgment in full, in Dutch, which you can read here. From this short note, which this blogger has run through Google Translate, it appears that the nub of the underlying case is the method of calculating private copying compensation in respect of blank disks. Tobias has promised an English note in due course. We look forward to it.