European Union: Court of Justice ruled that offline streaming copies do not fall within the private copying exception

On 16 April 2026, the Court of Justice of the European Union (CJEU) issued its ruling in Stichting de Thuiskopie and SONT v HP Nederland, Dell, Stichting Overlegorgaan Blanco Informatiedragers (Case C-496/24). The CJEU ruled that Article 5(2)(b) of Directive 2001/29/EC must be interpreted as meaning that making a protected work available by means of an offline streaming copy, which is made by a streaming service provider on the end-user's device at the user's request, where the user cannot technically access the copy outside that service and the copyright holder retains control allowing the possibility to block access to that copy, does not fall within the scope of the private copying exception laid down in that provision. The CJEU further ruled that the application of that exception is not affected by the fact that the act of copying the work for offline streaming or the use of that copy was the subject of a payment to the copyright holder under a licence authorising such a copy, provided that no technological measures have been implemented by the copyright holder and that copyright holder has consequently been unable to provide authorisation for such an act.