Test-Achats, a Belgian consumer organization, filed copyright infringement claims against four leading music companies for their use of technological protection measures on various CDs.
Test-Achats argued that the measures prevent consumers from making their own private copies of the copyrighted works as well as from listening to CDs on certain systems with audio devices such as computers and DVD players. Test-Achats also claimed that the music companies are infringing an alledged right of the consumer to make private copies and sought a general order to cease the aforementioned measures under penalty of a fine.
According to Article 22.5 of the Belgian Copyright Act (June 30 1994), where a "work has been legally published, the author cannot oppose the reproduction of audio and audiovisual works within the 'family circle' and solely intended for use within that circle". A similar provision exists with regards to neighbouring rights.
