Advancing technologies and copyright: ECJ considers new complexities relating to reproduction, private copying, and communication to the public

In Ocilion, the European Court of Justice ( ECJ) recently ruled on two important aspects relating to Directive 2001/29/EC on Copyright and related rights in the information society . Firstly, that the ‘private copying’ exception contained within art.5(2)(b) of Directive 2001/29 does not apply where copies made by the users of an IPTV service can be made available to an indeterminate number of people. Secondly, the court ruled that art.3(1) of Directive 2001/29 must be interpreted as meaning that the provision of hardware, software and technical assistance, which enable customers to replay online television broadcast content does not constitute a communication to the public, even where there is knowledge that services may be used to access protected content without the consent of the author. This article assesses the reasons for the decision and the likely implications.