Request for preliminary ruling concerning cloud computing TV programs

15-07-2016 Print this page
Auteur:
BK
IP10033


COPYRIGHT

Case
 C-265/16: VCAST. Request for preliminary ruling Tribunale ordinario di Torino - Italy

Ipcuria.eu informs: "The case concerns the application of the private copying exception to copies made in the context of cloud-based video recording services.
VCAST is an online platform that allows users to make video recordings of TV programs aired in Italian digital terrestrial television. Upon registration on VCAST's website, the user can select the program(s) he or she wishes to record. VCAST then captures the corresponding TV signal and records the program in the user's private cloud storage space (provided by a third party).

VCAST filed a declaratory action for non-infringement against the Italian broadcaster RTI, which gave rise to the following two questions :

1) Is a national law prohibiting an operator from providing users with a cloud-based remote video recording service, which enables the making of copies of protected works through an active intervention on the operator's part, without the rightholders' consent, compatible with EU law, in particular with article 5(2)(b) of the Information Society Directive (as well as with the E-Commerce Directive)?

2) Is a national law permitting an operator to provide users with a cloud-based remote video recording service, which enables the making of copies of protected works, without the rightholders' consent, but on the condition that they receive a fair compensation, compatible with EU law, in particular with article 5(2)(b) of the Information Society Directive (as well as with the E-Commerce Directive)?"

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