João Pedro Quintais & Alexander de Leeuw, IViR, No more downloading from unlawful sources?
"The Court’s ruling will affect not only the way in which private copying levies are calculated – as these can no longer take into consideration reproductions made from unlawful sources – , but will also mean that a significant number of reproduction acts from end-users (such as downloads of entertainment content from unlicensed Internet sites) are now clearly infringing. [...]
The above would mean that the ruling will not leave end-users substantially worse-off, despite the qualification of their acts as infringing. However, that is a difficult argument to make. First, because rights holders can now bring additional infringement actions, even if at the moment they do not intend to do so. Second, because the CJEU’s failure to clarify what constitutes an unlawful source does not provide legal certainty regarding many online acts where works are made available without clear indication by rights holders of which acts are authorized (this can also affect the calculation of levies)."
Lees hier meer en lees het Aci v Thuiskopie-arrest hier
"The Court’s ruling will affect not only the way in which private copying levies are calculated – as these can no longer take into consideration reproductions made from unlawful sources – , but will also mean that a significant number of reproduction acts from end-users (such as downloads of entertainment content from unlicensed Internet sites) are now clearly infringing. [...]
The above would mean that the ruling will not leave end-users substantially worse-off, despite the qualification of their acts as infringing. However, that is a difficult argument to make. First, because rights holders can now bring additional infringement actions, even if at the moment they do not intend to do so. Second, because the CJEU’s failure to clarify what constitutes an unlawful source does not provide legal certainty regarding many online acts where works are made available without clear indication by rights holders of which acts are authorized (this can also affect the calculation of levies)."
Lees hier meer en lees het Aci v Thuiskopie-arrest hier
