Private copying exception may only apply to reproductions from licensed sources
Eleonora Rosati · Journal of Intellectual Property Law & Practice · 2014
Article 5(2)(b) of Directive 2001/29 (the ‘InfoSoc Directive’), read in conjunction with paragraph 5 of the same provision, must be interpreted as precluding national legislations that do not distinguish the situation in which the source from which a reproduction for private use is made is lawful from that in which that source is unlawful.