Private copying

Case Law, Collective management, Damages, Estonia, Legislative process, Private copying

(Palladium Attorneys at Law)/ /Leave a comment

An interesting case about the legality of a regulation issued by the Estonian Government on the “blank tape levy” The Estonian Authors’ Society, Estonian Performers’ Union and Estonian Association of Phonogram Producers (right holders’ collecting societies) filed a complaint in the administrative court claiming monetary damages (income loss) from the Government of the Republic of…

Case Law, Legislative process, Private copying, Remedies, United Kingdom

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We reported here last month that the private copying exception, which took effect on 1 October 2014 as s.28B of the Copyright, Designs and Patents Act, was declared unlawful by the High Court. The court found that the evidence relied on by the government in order to introduce the exception without also providing a means…

Collective management, European Union, Exceptions and Limitations, Making available (right of), Netherlands, Private copying, Reproduction (right of)

(Institute for Information Law (IViR))/ /Leave a comment

Since 2012 a multidisciplinary research group at the Institute for Information Law (IViR), University of Amsterdam has been conducting a large-scale empirical study of Alternative Compensation Systems (ACS). In simple terms, ACS are legal mechanisms that for a small monthly fee would authorize non-commercial online uses by individuals, including the downloading and sharing of protected…

Case Law, Collective management, Enforcement, Legislative process, Private copying, Remedies, Spain

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The progressive breakdown of the legal system regulating compensatory remuneration for private copying has given rise to some unusual cases.  We consider this to be true of a Spanish Supreme Court judgment of 6 March 2015 which had to rule on whether mobile telephones and memory cards were subject to compensatory remuneration payment, the amount…

Case Law, Legislative process, Private copying, Remedies, United Kingdom

(Bristows LLP)/ /Leave a comment

In October 2014 the government introduced a series of changes to the UK’s copyright regime. One change, key to the objective of making copyright law better suited to the digital age, was the introduction of a private copying exception. That exception is now in jeopardy following a successful challenge by the music industry. For the…

Case Law, European Union, Exceptions and Limitations, Germany, Private copying, Reproduction (right of)

(Institute of Legal Informatics, Leibniz Universität Hannover)/ /Leave a comment

On 16th April 2015 the German Federal Court of Justice (BGH) delivered its final judgment in a lengthy legal standoff, which began its journey through the judiciary in 2009. The judgment is not yet available but is discussed in a press release here.  Since that time libraries and publishing houses have fought with one another…

Case Law, CJEU, European Union, Private copying, Technological measures

(Institute for Information Law (IViR))/ /Leave a comment

On March 5, 2015 the Court of Justice of the European Union (the ‘Court’ or ‘CJEU’) ruled on Case C-463/12 Copydan Båndkopi v Nokia Danmark A/S (‘Copydan’). The case marks the seventh occasion on which the Court has ruled on the issue of the private copying limitation under art. 5(2)(b) Directive 2001/29/EC (the ‘Directive’), following…

Collective management, Enforcement, Legislative process, Private copying, Remedies, Spain

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The latest large-scale reform of the Spanish Copyright Act was published on 5 November 2014.  The key aspects of the reform are discussed here.  The bulk of the opposition to the reform contends that two provisions of the Act, namely, the new regulation for private copying and the imposition of a “one-stop shop” system, breach the…

Case Law, European Union, Exceptions and Limitations, Jurisdiction, Private copying, Reproduction (right of)

(Institute for Information Law (IViR))/ /Leave a comment

“What the Court did not consider though, is that the outcome of the application of the 3-step test to the digitisation of each individual work for the purposes of making it available for research and private study purposes may conflict with the absolute prohibition of digitising the entire collection.” Judgment CJEU of 11 September 2014,…

Jurisdiction, Legislative process, Private copying, Spain

(Universitat Oberta de Catalunya)/ /Leave a comment

“A clear intention to solve some of the most disturbing problems in Spanish IP.” On February 14th, the Spanish Government approved a bill to amend the law of intellectual property (TRLPI).  The bill is currently in its parliamentary proceedings. It is a “patchwork” reform bill dealing with very different topics, some more necessary than others, and…