The ‘Private Copying’ Exception Under the Copyright Directive Applies to the Storage in the Cloud of a Copy of a Protected Work for Private Purposes

Fikri Mülkiyet Hukuku

The Court of Justice of the European Union published a press release numbered 50/22 and dated 24 March 2022 on the private copying exception.

The Court of Justice holds that the private copying exception applies to copies of works on a server in storage space made available to a user by the provider of a cloud computing service. However, Member States are not obliged to make the providers of cloud storage services subject to the payment of fair compensation under that exception, in so far as the payment of fair compensation to right holders is provided for in some other way.

Member States may introduce a private copying levy chargeable to the producer or importer of the servers by means of which the cloud computing services are offered to natural persons. That levy will be passed on economically to the purchaser of such servers and will ultimately be borne by the private user who uses that equipment or to whom a reproduction service is provided. When setting the private copying levy, Member States may take into account the fact that certain devices and media may be used for private copying in connection with cloud computing. However, they must ensure that the levy thus paid, in so far as it affects several devices and media in the single process of private copying, does not exceed the possible harm to the right holders.

You can reach the full text of the press release here.

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Zumbul Attorneys at Law

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