Private copying and fair compensation: ECJ rules (again) that you cannot have the former without the latter

In Seven.One, the ECJ ruled that a domestic provision which allowed for private copying in the absence of fair compensation was not compatible with a combined reading of arts 2(e) and 5(2)(b) of Dir.2001/29. The ruling, which precludes Member States who implement the private copying exception from excluding the right to fair compensation is significant as it helps to distinguish the provisions contained within arts 2(d) and (e) of Dir.2001/29 as well as how they relate to the exception contained within art.5(2)(b) of the Directive. This article summarises the reasons for the ECJ’s decision and discusses some of its implications.