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Monday, 19 July 2010

Public lending, flat rate: now a reference

Via the UK Intellectual Property Office website comes information concerning a further copyright-related reference of a question to the Court of Justice for a preliminary ruling. This is Case C-271/10 Cvba Vereniging van Educatieve en Wetenschappelijke Auteurs v Belgische Staat. The question referred is as follows:
"Does Article 5(1) of Council Directive 92/100 ... on rental right and lending right and on certain rights related to copyright in the field of intellectual property, now Article 6(1) of Directive 2006/115 ... rental right and lending right and on certain rights related to copyright in the field of intellectual property, according to which at least authors should obtain a remuneration for public lending, preclude a national provision which sets the remuneration at a flat rate of EUR 1 per adult per year and of EUR 0.5 per minor per year?"
I've not been able to find any information on this reference on the Curia website. Can any readers give me some background?

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