Acts of temporary reproduction allowed during data capture process
• During a data capture process, those acts must constitute an integral and essential part of a technological process, notwithstanding they initiate and terminate that process and involve human intervention
• fulfill the condition that those acts must pursue a sole purpose, namely the lawful use of a protected work or a protected subject-matter.
• fulfill the condition that those acts must not have an independent economic significance provided, first, that the implementation of those acts does not enable the generation of an additional profit, going beyond that derived from lawful use of the protected work and, secondly, that the acts of temporary reproduction do not lead to a modification of that work.
• that, if they fulfill all the conditions laid down in Article 5(1) of that directive, the acts of temporary reproduction carried out during a ‘data capture’ process, such as those in issue in the main proceedings, must be regarded as fulfilling the condition that the acts of reproduction may not conflict with a normal exploitation of the work or unreasonably prejudice the legitimate interests of the rightholder.