Printer and PC cases referred to the ECJEquipment Levy Forum IFRRO October 25

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I. Case History

 

BGH

Highest German Civil

Court

BVerfG

German Constitutional

Court

ECJ

European Court

12/07 01/08

08/10 01/11

07/11

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II. Questions to the European Court

 

Source: European Court

II. Questions to the European Court

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II. Questions to the European Court (1)

 

Source: European Court

Question 1Concerning Art. 5 (2) a) of the Copyright

Directive

Does reproduction by

„any kind of photomechanical technique

or by some other process havingsimilar effects“

include copying with a printer or PC ?

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II. Questions to the European Court (2)

 

Source: European Court

If answer to Q 1 is yes: Question 2Concerning Art. 5 (2) a) , 5 (3) Copyright Directive

and Right of equal treatment (Art. 20 EC)

Can the legal requirements be fulfilled if

the manufacturers, importers of and dealers

in another device or devices in a chain of devices

rather than

the manufacturers, importers or dealers

of printers or PCs

are obliged to pay the equitable remuneration?

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II. Questions to the European Court (3)

 

Source: European Court

Question 3Concerning Art. 5 (2) b) Copyright Directive

Does

the mere possibility of applying

technical measures (Art. 6 of the Directive)

remove the requirement of

fair compensation

in the sense of Art. 5 (2) b?

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II. Questions to the European Court (4)

 

Source: European Court

Question 4Concerning Art. 5 (2) a), b) and recital 36 Copyright

Directive

Does

the requirement and possibility of fair compensation

cease to apply

if the rightsholder has

expressly or implicitly

consented to the copying of his work?

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III. Possible Implications of the Courts Answers

 

Source: European Court

III. Possible Implications of the Courts Answers

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III. Possible Implications of the Courts Answers

 

Source: European Court

Question 1 Art. 5(2) a and its application on

printers and PCs

- If answered in the negative,

Only private copying under Art. 5(2) b) would cover a levy on

printers and PC

- Fundamental question

Source: European Court

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III. Possible Implications of the Courts Answers

 

Source: European CourtSource: European Court

Question 2 Chain of appliances problem

- If answered in the negative,

German Law would have to be reconsidered

- Fundamental question

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III. Possible Implications of the Courts Answers

 

Source: European CourtSource: European Court

Question 3Technical measures and fair compensation

- If mere possibility to apply such measures removes the requirement of fair compensation

- German Law would have to be changed

- Big problems for rightsholders as really effective measures do not

exist for text/images

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III. Possible Implications of the Courts Answers

 

Source: European CourtSource: European Court

Question 4Consent Problem

- Considerable consequences for all protected works on the

internet without technical measure protection

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Source: European Court

We will keep you updated…

Thank you for your attention!

Source: European Court