On-screen and cached copies when viewing a website obtain authorisation from the copyright holders concerned
05-08-2014 Print this page
Acts of reproduction when viewing website in terms of on-screen copies and cached copies of a temporary nature
"26. As regards the first condition, under which the act of reproduction must be temporary, it is apparent from the documents before the Court, first, that the on-screen copies are deleted when the internet user moves away from the website viewed. Secondly, the cached copies are normally automatically replaced by other content after a certain time, which depends on the capacity of the cache and on the extent and frequency of internet usage by the internet user concerned. It follows that those copies are temporary in nature."
Act of reproduction when viewing website is integral and essential part of technological process
"29. Concerning, first of all, the first of those two criteria, it should be pointed out that, in the case in the main proceedings, the on-screen copies and the cached copies are created and deleted by the technological process used for viewing websites, with the result that they are made entirely in the context of that process.
35. According to the order for reference, the cached copies greatly facilitate browsing on the internet, since without those copies, the internet would be unable to cope with current volumes of data transmitted online. Without the creation of such copies, the process used for viewing websites would be considerably less efficient and would not be able to function properly.
36. Concerning the on-screen copies, it has not been disputed that, at present, the technology for the viewing of websites on computers requires such copies to be made if it is to function correctly and efficiently."
Period during which on-screen copies and cached copies remain in existence is “transient” and “incidental”
"44. In the case in the main proceedings, as regards, first, the on-screen copies, it should be recalled that these are automatically deleted by the computer at the moment when the internet user moves away from the website concerned and, therefore, at the moment when he terminates the technological process used for viewing that site.
46. Accordingly, it must be held that the period during which the on-screen copies remain in existence is limited to what is necessary for the proper functioning of the technological process used for viewing the website concerned. Consequently, those copies must be regarded as ‘transient’.
49. In this connection, it should be pointed out, first, that the technological process in question wholly determines the purpose for which those copies are created and used, although, as is apparent from paragraph 34 above, that process can function, albeit less efficiently, without such copies being made. Secondly, it is apparent from the documents before the Court that internet users employing the technological process at issue in the main proceedings cannot create the cached copies outside of that process.
50. It follows that the cached copies neither exist independently of, nor have a purpose independent of, the technological process at issue in the main proceedings and must, for that reason, be regarded as ‘incidental’."
Viewing website does not affect copyright holders’ interests: permission provided to website
"57. In this connection, it must be pointed out that the works are made available to internet users by the publishers of the websites, those publishers being required, under Article 3(1) of Directive 2001/29, to obtain authorisation from the copyright holders concerned, since that making available constitutes a communication to the public within the meaning of that article."
On-screen copies and cached copies when viewing website represent normal exploitation of the works: availing oneself of communication to the public made by the publisher of the website
"61. In this connection, it should be pointed out that the viewing of websites by means of the technological process at issue represents a normal exploitation of the works which makes it possible for internet users to avail themselves of the communication to the public made by the publisher of the website concerned. Given that the creation of the copies in question forms part of such viewing, it cannot operate to the detriment of such an exploitation of the works."
IPPT20140605, CJEU, PRCA v NLA
C360/13 - ECLI:EU:C:2014:1195
