Thursday 9 January 2014

Private copying exception should apply only to copies made from lawful sources

As announced by the IPKat, this morning Advocate General (AG) Cruz Villalón released his much awaited Opinion in Case C-435/12 ACI Adam [on which see here], a very interesting reference for a preliminary ruling from The Netherlands seeking clarification as to interpretation of the exception or limitation for private copying, pursuant to Article 5(2)(b) of the InfoSoc Directive.

Among other things, the AG advised the Court to rule that Article 5(2)(b) must be interpreted as meaning that the private copying exception only applies to reproductions of works or other subject-matter protected by copyright and related rights made ​​from legitimate sources.

The Opinion is not yet available in English. As soon as further translations are made available on the Curia website, The 1709 Blog will provide a more detailed analysis of its content.

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