CJEU holds that cloud-based recording services are only covered by private copying exception if users have lawful access to content in the first place
Nedim Malovic · Journal of Intellectual Property Law & Practice · 2017
VCAST Limited v RTI SpA, C-265/16, EU:C:2017:649, 29 November 2017 Following the Opinion of Advocate General (AG) Szpunar (EU:C:2017:649), the Court of Justice of the European Union (CJEU) has confirmed that the unauthorized copying of a work by means of a cloud-based recording service cannot fall within the scope of Article 5(2)(b) of Directive 2001/29/EC (InfoSoc Directive) if the user does not have lawful access to the content copied in the first place.