28th okt, 2010

ECJ ruling in Padawan case means differentiated levies

In a preliminary ruling the European Court of Justice has interpreted the European copyright levy system set out in the Copyright Directive (2001/29/EC).
In the case a Spanish company refused to pay copyright levies under Spanish law for selling blank CD and DVD´s. The company – Padawan – claimed that a uniform levy was incompatible with article 5 of the Copyright Directive and the principles of fairness therein.
The ECJ has now ruled that it is indeed not permissible to roll out a uniform levy on all digital media and says “…the indiscriminate application of the private copying levy, in particular with respect to digital reproduction equipment, devices and media not made available to private users and clearly reserved for uses other than private copying, is incompatible with Directive 2001/29.”
In Denmark the levy system is administered by Copy-Dan.

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