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 the remuneration for private copying in situations…
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…
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…
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…
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…
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…
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…
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…
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…
