Legal alert

CJ asked if private copy from illegal source is legal

September 27, 2012
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Legal alert

On 21 September 2012, the Dutch Supreme Court submitted pre-judicial questions to the EU Court of Justice (“CJ”) in ACI v. Stichting De Thuiskopie.

For copyright holders, this means a new phase in the struggle for compensation for private copying from illegal sources. The Supreme Court has asked the CJ among other things to clarify whether the private copying exemption includes copies derived from illegal sources and, if not, whether Member States nevertheless may take copies from illegal sources into account for determining a fair compensation for copyright holders.

 

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