Remuneration (equitable)

Performers have a right to equitable remuneration for the public performance and broadcast of their recordings.

Enforcement, Germany, Infringement, Jurisdiction, Netherlands, Private copying, Remuneration (equitable), Reproduction (right of)

(iRights.info)/ /Leave a comment

As reported by the Dutch commentator Lucie Guibault in her recent Blogpost the Dutch government (in the person of the secretary of state, Fred Teeven) plans to restrict the private copying limitation. Downloads from “obviously illegal sources” shall be declared unlawful. In Germany such a rule exists already, implemented in the course of the first…

Exceptions and Limitations, Portugal, Private copying, Remuneration (equitable)

(Maastricht University)/ /1 Comment

On 2 May 2011 the Ministry of Culture in Portugal made public a law proposal concerning the regulation of private copying levies (the English version of which is unfortunately not available). The law currently in force dates from 2004 and had in turn made some changes to the original law, dated from 1998. There have…

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’…

Belgium, Collective management, Exceptions and Limitations, Infringement, Jurisdiction, Legislative process, Remuneration (equitable)

(Marx, Van Ranst, Vermeersch & Partners)/ /1 Comment

Two contradictory legislative proposals have been quite recently submitted for discussion at the Belgian Parliament, which should implement solutions to the thorny file-sharing issue. On the one hand, Senators Morael and Pyryns proposed on 9 December 2010 [Doc 5-590/1] a law “aiming at adapting the perception of copyright to the technological evolution while preserving privacy…

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…

Collective management, Legislative process, Poland, Remuneration (equitable)

(Institute of Intellectual Property Law, Jagiellonian University Kraków)/ /Leave a comment

It is a cliché that collecting societies play a significant role in shaping the practice of copyright contracts, however the fact that it is a cliché does not make it less true. Therefore, legal rules concerning collecting societies are of huge interest for copyright lawyers, especially when they are new and offer an uncharted territory…