Spain

Collective management, Exceptions and Limitations, Legislative process, Remuneration (equitable), Reproduction (right of), Spain

(European Audiovisual Observatory )/ /Leave a comment

In a somewhat surprising move, on 12 July 2011 the lower house of the Spanish Parliament urged the Government to abolish the so-called “canon digital” (the private copying levy on digital media) and replace it by a “less arbitrary and indiscriminate system” that provide rightsholders with a “fair and equitable remuneration based on the effective…

Exceptions and Limitations, Legislative process, Private copying, Remuneration (equitable), Spain

(IE University (Segovia, Spain))/ /Leave a comment

On 21 October 2010, the European Court of Justice rendered its judgement in case C-467/08 Padawan v SGAE, calling the current application of Spanish private copying levy into question. The judgement maintained that the Spanish private copying levy is abusive and that it does not meet with what Directive 2001/29/EC, on the harmonisation of certain…

Case Law, Collective management, Exceptions and Limitations, Legislative process, Remuneration (equitable), Reproduction (right of), Spain

(European Audiovisual Observatory )/ /Leave a comment

As mentioned in a previous post, on 22 March 2011 the Spanish Audiencia Nacional (High Court) annulled for formal reasons the Spanish ordinance that determines which digital reproduction equipment and media are subject to the private copying levies. The ordinance had been challenged before the Spanish courts by the Asociación de Internautas (an Internet users’…

Collective management, Exceptions and Limitations, Legislative process, Remuneration (equitable), Reproduction (right of), Spain

(European Audiovisual Observatory )/ /Leave a comment

On 2 March 2011 the Audiencia Provincial de Barcelona took note of the judgment of the Court of Justice of the EU (CJEU) in the case Padawan v SGAE (C-467/08) and decided that the indiscriminate obligation of paying private copying levies as provided for in Art. 25 of the Spanish Ley de Propiedad Intelectual (Intellectual…