Referral C-496/24 (Stichting de Thuiskopie, 17 Jul 2024)

1. Can a reproduction with the characteristics described above in paragraph 2.3, (i)-(iii) (offline streaming copy)*, having regard also to the three-step test (Article 5(5) of the Copyright Directive), be regarded as a ‘reproduction … made by a natural person for private use, and for ends that are neither directly or indirectly commercial’ as referred to in Article 5(2)(b) of the Copyright Directive?
* Offline streaming copy is the copy made when, e.g., a user downloads a song from Spotify

2. Do the objectives of the Copyright Directive, including a high level of copyright protection, a fair balance between the interests of the rightholder and the interests of the user, and a coherent and technologically neutral application by the Member States of the exceptions and limitations, preclude a national regulation under which the private copying exception does not also include offline streaming copies?

3. Is it relevant to the answer to one or more of the preceding questions whether the rightholders receive compensation per offline streaming copy made, or whether they receive compensation based on the number of times an offline streaming copy is played by the user of the streaming service?