Remuneration (equitable)

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

Case Law, Infringement, Jurisdiction, Ownership, Remuneration (equitable), Reproduction (right of), United Kingdom

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Patents Court London, 19 January 2012, Hoffman v Drug Abuse Resistance Education. A charity infringed copyright in photographs by including them in its website withouth the author’s permission. The fact that the charity was under a good-faith impression that it had permission to use the photographs, as they appeared in a website that was covered…

Exceptions and Limitations, France, Legislative process, Remuneration (equitable)

(Université de Versailles (St-Quentin))/ /Leave a comment

By Prof. Valérie-Laure Benabou, Université de Versailles (St-Quentin). France is currently modifying, in emergency, its legislation on private copying levy and more generally on private copying after the ECJ decisions Padawan and ThuisKopie. The reason for this urgency is twofold: substantial and procedural. The French Council of State (Conseil d’Etat) has held in a decision…

Austria, Authorship, Case Law, Distribution (right of), European Union, Jurisdiction, Remuneration (equitable)

(European Audiovisual Observatory )/ /1 Comment

On 6 September 2011, General Advocate Verica Trstenjak released her Opinion on case C-277/10 (the original German version of the Opinion is available here, other language versions here). The case deals a.o. with the controversial cessio legis provision of the Austrian Urheberrechtsgesetz (Copyright Act – UrhG). According to this provision included in Art. 38(1) UrhG,…

Case Law, Exceptions and Limitations, Netherlands, Remuneration (equitable)

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The summer is no longer quiet for the communications departments of most public sector organizations across the Netherlands! The age long practice of circulating hard copies of newspaper clippings among the employees of an organization is seriously compromised following a decision of the Court of appeal of Leeuwarden. On 13 July, the Court ruled that…

Belgium, Case Law, Collective management, Exceptions and Limitations, Legislative process, Remuneration (equitable)

(Marx, Van Ranst, Vermeersch & Partners)/ /Leave a comment

On 19 November 1992, the European Council adopted the Directive 92/100/EEC on rental right and lending right and on certain rights related to copyright in the field of intellectual property (now replaced by Directive 2006/115/EC), which provides an exclusive right to authorize or prohibit the rental and lending of originals and copies of copyrighted works….

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

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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…

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

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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’…