On 29 November 2017, the Court of Justice of the European Union (ECJ) confirmed that, under the Copyright Directive (the Directive), the making available of copies of television programmes saved in the cloud must be authorised by the holder of the copyright or related rights.
In a judgment delivered on 14 June 2017, the Court of Justice of the European Union (CJEU) decided that making available a online sharing platform falls within the concept of “communication to the public” for the purposes of copyright law, and can therefore amount to infringement of copyright in protected works which are shared via that platform. This decision bolsters the ability of copyright owners to pursue the operators of such platforms, and to obtain relief against intermediaries (in particular ISPs) forcing them to block their users from accessing such platforms.
The immediate practical consequence of the CJEU’s decision is that the national courts are entitled to grant blocking injunctions against ISPs in order to block users from accessing TPB. This is plainly a positive outcome from the point of view of copyright holders, giving them stronger rights to restrict unauthorised distribution of their protected works. The generally pro-rightsholder approach of the CJEU in this case mirrors the recent efforts of the English courts to modernise its remedies in order to secure adequate protection against infringing activities, as reported in a previous blog post.