Downloading From Unlawful Sources Is Copyright Infringement

The European Court of Justice has handed down its eagerly awaited decision in ACI Adam v Stichting De Thuiskopie.

The ECJ ruled that the private copying exemption only applies to copies derived from lawful sources. The EU Copyright Directive precludes national legislation which makes no distinction between private copies made from lawful sources and those made from unlawful sources.

Background

According to Article 5(2)b of the EU Copyright Directive, copyright owners are entitled to a fair compensation if private copying is exempt from copyright protection by national law. In the Netherlands, copyright holders are compensated by a system in which manufacturers of carriers are required to impose levies on their products. The revenues of these levies are paid to Stichting De Thuiskopie, which divides the revenues among all copyright holders as compensation.