Record programs in cloud services must respect the rights of public communication

Record programs in cloud services must respect the rights of public communication The Court of Justice of the European Union dictates that remote recordings for television programming services are different from the original public communication and that, as a result, they must have the authorization of the holders of the rights.

The Court of Justice of the European Union)EUROPEAN COURT OF JUSTICE) has ruled that provide copies of television programs in cloud content distribution service constitutes a public communication and, therefore, it must be authorised by the copyright holder.

The sentence is consequence of a lawsuit filed to the VCAST English society before the Court of Turin so cease its services of remote recordings of Italian broadcasters transmitted overland as a subsidiary of Mediaset, RTI (Reti Televisive Italiane), among others. The client select an issue and a time slot. Then managed by VCAST system captures the television signal by using their own antennas and recorded the timeslot of the issue selected, thus putting the copy of emissions in a storage space in the cloud (cloud computing) broadcast available to the client through the Internet.

VCAST requested the Court of Turin (Italy) to adjudge and declare that their activities were legal. To this end he invoked the private copying exception, according to which the authorization of the owner of rights of copyright or related rights to copyright for reproductions on any medium made by a natural person for use is not required private and without directly or indirectly for commercial purposes, provided that the rightholders receive fair compensation.

The Court of Turin, following an application for interim measures submitted by RTI, banned provisionally to VCAST continuing with its activity. In this context, before issuing its final decision, the tribunal decided to go with prejudicial character to the Court of Justice, asking, essentially, whether the service of VCAST, lent without the authorization of the copyright holders or rights related to copyright, as was the directive on copyright.

By the judgment of this week, the Court estimates that VCAST service has a dual function, consisting of at the same time ensure the reproduction and making available of protected works.

Insofar as the VCAST service consists of making available copyrighted works, it means communication to the public. In this regard, the Court recalls that, according to the directive, any communication to the public, including the making available of a work or of a protected benefit, must be subject to the authorization of the holder of the rights, given that the right of communication of works to the public is to be understood in a broad sense, which includes all kinds of transmission or retransmission of a work to the public, whether wired or wireless, including broadcasting.

The Court of Justice considered that the original transmission made by the broadcasting organization, on the one hand, and the one made by VCAST, on the other hand, are made in specific technical conditions, using transmission of works differently protected, and each one of them to your audience.

Luxemburgo llega a la conclusi n de que la retransmisi n efectuada por VCAST constituye una comunicaci n al p blico diferente de la original y que, en consecuencia, debe contar con la autorizaci n de los titulares de los derechos de autor o de los derechos afines a los derechos de autor. Por tanto, un servicio de grabaci n remota de este tipo no puede acogerse a la excepci n de copia privada.

LINK:	https://www.panoramaaudiovisual.com/en/2017/11/30/sentencia-tribunal-j...
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