fair compensation

Case Law, CJEU, European Union, Exceptions and Limitations, Jurisdiction, Private copying, Remuneration (equitable)

(Elzaburu)/ /Leave a comment

In this decision, the CJEU tackled an international jurisdiction issue, since what was essentially under debate in the main proceedings was the applicability of Article 5(3) of Regulation 44/2001 on jurisdiction in civil and commercial matters, which enables, in matters relating to tort, delict or quasi-delict, persons domiciled in one Member State to be sued…

Case Law, Collective management, European Union, Exceptions and Limitations, Liability, Private copying, Remuneration (equitable), Spain

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

1                Background, facts and questions On 9 June 2016 the CJEU ruled on Case C-470/14 – EGEDA and Others (‘EGEDA’). This marks the tenth occasion on which the Court has ruled on the private copying exception or limitation in Article 5(2)(b) of Directive 2001/29/EC (the ‘InfoSoc Directive’) after Padawan, Stichting de Thuiskopie, Luksan, VG Wort,…

Case Law, Collective management, Exceptions and Limitations, France, Legislative process, Private copying, Remedies, Remuneration (equitable)

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In a judgment of 17 March 2016, the Cour de cassation, the French Supreme Court, ruled that the judicial courts are required to assess and award compensation for private copying in situations where a decision of the Commission in charge of setting the fair compensation has been annulled. This judgment seems to mean that the…

Austria, Case Law, Collective management, European Union, Jurisdiction, Liability, Remuneration (equitable)

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The question referred to the CJEU in the Austro-Mechana case (C-572/14) was whether a claim for payment of fair compensation for private copying, as per Article 5(2)(b) of Directive 2001/29, can be considered to be a matter relating to tort, delict or quasi-delict and, therefore, whether Article 5(3) of Regulation 44/2001 on jurisdiction in civil…

Belgium, Case Law, CJEU, Collective management, European Union, Legislative process, Remuneration (equitable), Reproduction (right of)

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

Case C‑572/13, HP v. Reprobel, 12 November 2015 By Philippe Laurent and Céline Wulleman, Marx Van Ranst Vermeersch & Partners As we know, Member States may adopt exceptions to the reproduction right of authors in the cases and under the conditions listed in Article 5 of Directive 2001/29. Some of those exceptions may be transposed…

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

, (Bristows LLP)/ /Leave a comment

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…

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…