In circumstances where: — an end-user views a web-page without downloading, printing or otherwise setting out to make a copy of it; — copies of that web-page are automatically made on screen and in the internet “cache” on the end-user’s [computer] hard disk; — the creation of those copies is indispensable to the technical processes involved in correct and efficient internet browsing; — the screen copy remains on screen until the end-user moves away from the relevant web-page, when it is automatically deleted by the normal operation of the computer; — the cached copy remains in the cache until it is overwritten by other material as the end-user views further web-pages, when it is automatically deleted by the normal operation of the computer; and — the copies are retained for no longer than the ordinary processes associated with internet use referred to [in the fourth and fifth indents] continue; are such copies (i) temporary, (ii) transient or incidental and (iii) an integral and essential part of the technological process within the meaning of Article 5(1) of Directive 2001/29/EC?

The Court found that on-screen and cached copies are temporary, transient or incidental, and integral to a technological process, fulfilling the conditions of Article 5(1) and (5) of Directive 2001/29/EC, allowing them to be made without authorisation.

On-screen and cached copies during web browsing require no copyright holder authorisation.

European Court of Justice · Judgment · Preliminary ruling

‛Copyright — Information Society — Directive 2001/29/EC — Article 5(1) and (5) — Reproduction — Exceptions and limitations — Creation of copies of an internet site on-screen and in the cache of the hard disk in the course of browsing the internet — Temporary act of reproduction — Transient or incidental act — Integral and essential part of a technological process — Lawful use — Independent economic significance’

Rechtsvraag

Whether the creation of on-screen copies and cached copies made by an end-user in the course of viewing a website satisfies the conditions under Article 5(1) and (5) of Directive 2001/29/EC, allowing these copies to be made without the authorization of copyright holders.

Regel

Article 5(1), Directive 2001/29/EC (Temporary acts of reproduction are exempt from the reproduction right if they are transient or incidental, integral to a technological process, serve a lawful use, and have no independent economic significance.)
Article 5(5), Directive 2001/29/EC (Exceptions and limitations to reproduction rights apply only in special cases that do not conflict with normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the rights holder.)

Conclusie

Article 5 of Directive 2001/29/EC must be interpreted to mean that on-screen copies and cached copies made by an end-user in the course of viewing a website satisfy the conditions of being temporary, transient or incidental, and integral to a technological process, as set out in Article 5(1) and (5). Therefore, such copies can be made without the authorization of the copyright holders.

Tijdlijn

22-05-2001 Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society was issued.
24-06-2013 The Supreme Court of the United Kingdom decided to refer a preliminary ruling to the Court of Justice of the European Union regarding the interpretation of Article 5(1) of Directive 2001/29/EC.
27-06-2013 The Court of Justice of the European Union received the request for a preliminary ruling from the Supreme Court of the United Kingdom.
05-06-2014 The Court of Justice of the European Union delivered its judgment, interpreting Article 5 of Directive 2001/29/EC to mean that on-screen copies and cached copies made by an end-user in the course of viewing a website satisfy certain conditions and may be made without the authorisation of the copyright holders.