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Friday, 6 March 2015

Copydan and fair compensation for multifunctional media: CJEU rules

The Court of Justice of the European Union (CJEU) yesterday ruled in Case C‑463/12 Copydan Båndkopi v Nokia Danmark A/S in the latest in a series of responses to requests for preliminary rulings conernning private copying levies. This ruling, in response to a reference from the Danish Østre Landsret back in October 2012, is a long one; it has however been covered in exemplary fashion on the IPKat weblog by Tom Ohta, here.

The national proceedings involve an action brought by rights-holders' body Copydan Båndkopi against Nokia for payment of a private copying levy in respect of memory cards imported into Denmark. In short, the CJEU considered fair compensation in the context of multifunctional media. It also looked at the distinction between media and components in the application of the private copying levy and the prospect of there being an exemption from payment on the basis that the prejudice to rights-holders might be minimal. The judgment reviews earlier CJEU case law including C-467/08 Padawan , C-521/11 Amazon.com and C-425/12 ACI Adam.

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