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The Court of Justice of the European Union holds that Spain’s scheme for fair compensation for private copying is inconsistent with EU law

The Court of Justice of the European Union holds that Spain’s scheme for fair compensation for private copying is inconsistent with EU law

15/06/2016 - Author: Ángel García Vidal

The Court of Justice of the European Union holds that Spain’s scheme for fair compensation for private copying is inconsistent with EU lawThe hot-off-the-press judgment of the CJEU of 9 June 2016 concludes that the scheme for fair compensation for private copying adopted by Spain, funded from the national government budget, is contrary to EU law inasmuch as not capable of guaranteeing that the cost of fair compensation is borne by the users of private copies.


1. Art. 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, on the harmonisation of certain aspects of copyright and related rights in the information society, states that Member States may provide for exceptions or limitations to the reproduction right "in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair compensation which takes account of the application or non-application of technological measures referred to in Article 6 to the work or subject-matter concerned"...

Download pdf:
The Court of Justice of the European Union holds that Spain’s scheme for fair compensation for private copying is inconsistent with EU law