Cloud and copyright law
On September 7,2017 the EU Advocate General filed his conclusions in the dispute between VCASTLimited (UK undertaking) and R.T.I. s.p.a. (Case C-265/16).
The questionreferred to the CJEU upon the stay of the proceedings by the Turin Court isabout whether or not online registration services on cloud, of free to-air TV programmes without authorization from thecopyright owners
Cloud computing has the special feature which, unlike conventionalways of registration and reproduction, the end-user does not purchase or hirethe material computing devices but it uses the computing service andinfrastructure provided by a third party.
Therefore novelproblems have arisen as to whether this matter can be considered as anexception for private copies of works protected by copyright and thereforeconsidered lawful.
The EU AdvocateGeneral expressed a negative opinion, underlining that the information storedon cloud contain reproductions ofworks protected by copyright which, unlike the acts of reproduction donedirectly by the subject that makes the copy (i.e. a “natural person”), itrequires the intervention of a service provider.