RIDA 243 | 01-2015

Doctrine

Can publishers share in private copying levies ?

Agnès LUCAS-SCHLOETTER

Code : 243-D1
Keywords :
Berne (Convention de) , Éditeur , Publisher, Inalienability, Private copying, Fair compensation (remuneration) for private copying, Three-step test, Harmonisation, Germany, For private copying, TRIPS

Here is an excerpt from the article

1. More than ever, private copying levies are a burning legal issue in Europe. Two reports were devoted to them in 20131 and 20142 as well as a European Parliament resolution of 27 February 2014,3 and they are the subject of several questions referred to the CJEU for a preliminary ruling.4 The Court has already delivered seven judgments concerning them since 2010, the latest one on 5 March 2015.5 So far, the discussions have focused primarily on the arrangements for setting the rates (exclusion of copies for professional use6 and those made from an unlawful source 7) and for collecting the levies (reimbursement procedures 8 and determination of the party liable for payment in the event of cross-border transactions 9 ), and on the impact of technological protection measures and contractual authorisations.10

2. On the other hand, the arrangements for distributing the revenues from private copying levies have not given rise to any in-depth discussions to date. Admittedly, in the Amazon case, the Court

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