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Meltwater v NLA: CJEU issues ‘temporary copying’ decision

Submitted by jboyd on Tue, 06/10/2014 - 09:23

On 5 June 2014, the Court of Justice of the European Union (CJEU) announced its decision on the “temporary copying” exception, Article 5 of Directive 2001/29/EC (PRC (“Meltwater”) v NLA, Case C 360/13).

In a nutshell, the CJEU ruled that "Article 5 of Directive 2001/29/EC (…) must be interpreted as meaning that the copies on the user’s computer screen and the copies in the internet ‘cache’ of that computer’s hard disk, made by an end-user in the course of viewing a website, satisfy the conditions that those copies must be temporary, that they must be transient or incidental in nature and that they must constitute an integral and essential part of a technological process, as well as the conditions laid down in Article 5(5) of that directive, and that they may therefore be made without the authorisation of the copyright holders."

In a comment on the decision, NLA states that it is confident that the result of the case has no implications for the licences NLA media access issues for the present web-monitoring services operated by Meltwater and other media monitoring agencies. End user clients who pay for their current monitoring service still require a licence for the content they receive; negotiated commercial solutions which recognise and meet the needs of all parties are the way forward.

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