European Union: Advocate General concluded that offline streaming copies do not fall within the private copying exception

On 2 October 2025, the Advocate General of the Court of Justice of the European Union (CJEU) delivered an opinion in Stichting de Thuiskopie and SONT v HP Nederland, Dell, Stichting Overlegorgaan Blanco Informatiedragers (Case C-496/24). The Advocate General concluded that Article 5(2)(b) of Directive 2001/29/EC must be interpreted as meaning that a subscriber to an on-demand internet streaming service does not reproduce protected works for private use within the meaning of that provision when utilising a service whereby the provider saves copies of those works to the subscriber's device for offline use, where the provider retains full control over the location, copying, and removal of those works by means of technological measures within the meaning of Article 6 of Directive 2001/29/EC, and the subscriber can only use the works on the relevant device during the period for which they are communicated. The Advocate General further concluded that Article 3 of Directive 2001/29/EC must be interpreted as meaning that such communication constitutes making works available to the public in such a way that members of the public may access them from a place and at a time individually chosen by them.