Marcel Ciocîrlan

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Copyright holders cannot be obliged `to tolerate infringements of their rights which may accompany the making of private copies`

As the Court of Justice of the European Union held in its judgment given on 10 April 2014, in Case C-435/12 (ACI Adam BV and Others v Stichting de Thuiskopie and Others), `the private copying exception admittedly prohibits copyright holders from relying on their exclusive right to authorise or prohibit reproductions with regard to persons who make private copies of their works; however, it precludes that provision from being understood as requiring, beyond that limitation which is provided for expressly, copyright holders to tolerate infringements of their rights which may accompany the making of private copies.` (“http://curia.europa.eu/juris/document/document_print.jsf?doclang=EN&text=&pageIndex=0&part=1&mode=req&docid=150786&occ=first&dir=&cid=547041”>)


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