In its judgment of 16 April 2026 in Case C-496/24, Stichting de Thuiskopie, the Court of Justice of the European Union once again ruled on copyright law.

The main proceedings concerned the private copying levy sought from HP and Dell, as manufacturers of computer equipment, in relation to so-called offline streaming copies of musical and audiovisual works. These copies are stored by the service provider on the user’s device, but remain accessible only through the relevant application. They cannot be transferred and may be deleted or made inaccessible by the service provider or the right holder.

First, the Court held that such copies do not fall within the private copying exception. They are made available by the streaming service provider, and the user cannot freely use them outside the service. Moreover, the copyright holder retains control over the work through technological measures that also make it possible to block access to the copy.

Second, the Court clarified that the manner in which the right holder is remunerated under a licence is not decisive in determining whether the private copying exception applies. What matters is whether the right holder has retained control over the work through technological measures and has been able to authorise the making of the offline copy.

The judgment therefore clarifies the distinction between a private copy that is actually made and controlled by the user and an offline functionality that remains part of the streaming service and under the control of the service provider and the right holder.

categoria:European Case Law