Decision of the European Court of Justice regarding fair compensation scheme for private copying

09 June 2015 – Decision of the European Court of Justice regarding fair compensation scheme for private copying

For the second time, the private copying scheme introduced in Spain in 2012 has been considered illegal in view of the 2001 InfoSoc Directive. This Directive does not allow that the compensation due to authors for the private copying of their works be financed by a State budgetary scheme such as that established in Spain. Such a scheme does not guarantee that the cost of that fair compensation is ultimately borne solely by the users of private copies.

The proceedings started when a number of Spanish CMOs, including VEGAP, opposed the decision of the Spanish Government in 2012 to pay the fair compensation for private copying directly through the State budget.

Press Release of the Court here