CJEU addresses private copying and fair compensation issues

Gupta, Indranath and Devaiah, Vishwas H. (2016) CJEU addresses private copying and fair compensation issues. Journal of Intellectual Property Law & Practice, 11 (6). pp. 403-406. ISSN 1747-1532

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The InfoSoc Directive (2001/29/EC) aimed at harmonizing copyright-related aspects within the EU. Article 5(2)(b) of the Directive, which concerns private copying has given rise to numerous cases, largely concerning the amount of the relevant fair compensation to be paid to right holders. Copy dan Båndkopi v Nokia Denmark is one such case where the Court of Justice of the European Union (CJEU) was called upon to decide whether a private copying levy can be imposed on mobile telephone memory cards and multi-functional memory devices. Within the ambit of the InfoSoc Directive, the CJEU decided that the Member States can formulate legislation that levies private copying on multi-functional devices like memory cards, even if the primary function of the device is not to facilitate private copying

Item Type: Article
Keywords: Private Copying | Multi-functional memory device
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 23 Apr 2022 10:03
Last Modified: 25 Jul 2023 06:55
Official URL: https://doi.org/10.1093/jiplp/jpw035
URI: https://pure.jgu.edu.in/id/eprint/2595


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