Copyright legislation

Court of Justice of European Union

IFRRO European Group Statement on the CJEU ruling in the Padawan case
Submitted by jboyd on Wed, 17/11/2010 - 11:03

The IFRRO European Group meeting has adopted a statement on the decision of the Court of Justice of the European Union (CJEU) in the so-called Padawan case.

The CJEU decision addresses the fair compensation of rightholders through levies for private copying based on article 5, 2, b of the European Commission (EC) Copyright Directive 2001/29.

IFRRO is pleased that the CJEU states that the concept of fair compensation has to be interpreted uniformly across the European Union according to the CJEU.

IFRRO then notes that the simple fact that the devices are able to make copies is sufficient in itself to justify the application of a private copy levy and points out that surveys show that devices, in the business sector, are often used for private copying.

The CJEU preliminary ruling concerns the application of article 5, 2, b on the exception for private copying. The application of a levy on copying devices relevant to RROs is most frequently based on article 5, 2, a of the Directive 2001/29 which allows Member States to introduce an exception for reprography. This exception has a broader scope than the exception for private copying and the compensation is not based solely on private use.