EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public

Journal of Intellectual Property Law & Practice, Forthcoming

13 Pages Posted: 7 Feb 2018

See all articles by João Quintais

João Quintais

University of Amsterdam - Institute for Information Law (IViR)

Tito Rendas

Catholic University of Portugal (UCP) - Católica Global School of Law

Date Written: January 30, 2018

Abstract

This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST.

The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programs in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion.

The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “livability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.

Keywords: Copyright, Cloud, Private Copying, Communication to the Public, VCAST, InfoSoc Directive

Suggested Citation

Quintais, João and Rendas, Tito, EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public (January 30, 2018). Journal of Intellectual Property Law & Practice, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3113215

João Quintais

University of Amsterdam - Institute for Information Law (IViR) ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

HOME PAGE: http://https://www.ivir.nl/nl/medewerker/quintais/

Tito Rendas (Contact Author)

Catholic University of Portugal (UCP) - Católica Global School of Law ( email )

Lisboa
Portugal

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