In response to a reference from the Spanish Supreme Court, the CJEU held that Article 5(2)(b) of Directive 2001/29/EC must be interpreted as precluding a scheme for fair compensation for private copying like the Spanish system, which is financed from the General State Budget in such a way that it is not possible to ensure that the cost of that compensation is borne by the users of private copies.
A full summary of this case has been published on Kluwer IP Law
________________________
To make sure you do not miss out on regular updates from the Kluwer Copyright Blog, please subscribe here.
