Friday, May 6, 2011
Enrico Bonadio, City University London Law School, and Carlo Maria Cantore, Scuola Superiore Sant'Anna, School of Social Sciences, have published The ECJ Rules on Private Copying Levy: Padawan SL v. Sociedad General de Autores y Editores (SGAE) (C-467/08) at 33 European Intellectual Property Review 260 (2011). Here is the abstract.
On October 21, 2010 the European Court of Justice (ECJ) gave its decision in an interesting case regarding the so-called "private copying levy" (Padawan SL v. Sociedad General de Autores y Editores (SGAE) (C-467/08)).
The ECJ held that such a levy is in conformity with Directive 2011/79 (on the harmonisation of certain aspects of copyright in the information society) when charged on copying devices sold to individuals, as it can be reasonably be assumed that the equipment will be used for copying.
Yet the levy should not be charged when the said devices are sold to companies and professionals.
Download the article from SSRN at the link.