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IFRRO European Group Statement on the CJEU ruling in the Padawan case

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.

Notes for Editors

The International Federation of Reproduction Rights Organisations (IFRRO) is an independent, not-for-profit organisation representing the interests of collective management organisations in the field of text and image based works. These organisations are known as Reproduction Rights Organisations (RROs).
Active in every continent, more than 70 RROs plus about 55 national and international author, publisher and visual creator associations are IFRRO Members and Associate Members. IFRRO’s global network of members contributes to the facilitating of the widest possible legal access to published, copyright protected literary, visual and musical works for the public. RROs administer reproduction and other relevant rights, including certain forms of digital uses, in copyright text- and image-based works on behalf of both publishers and authors including visual artists. These rights are normally referred to as reprographic rights.
RROs also play a key role in the development of cultural diversity by helping to set up the legal and administrative frameworks necessary for the growth of local publishing industries. IFRRO partners organisations such as WIPO and UNESCO to undertake copyright awareness, capacity building and training activities.
Further information
James Boyd, IFRRO Communications and Product Development
Tel: +32 2 551 08 97