Edited by Paul Torremans
Chapter 13: Private copying exception and payment of fair compensation: EU case-law
The InfoSoc Directive regulates an optional private copying exception, which must be accompanied by the condition that fair compensation must be guaranteed to rightholders. The need for the private copying exception does not raise any doubts as far as concerns copyright. However, the question of remuneration or compensation for the harm to rightholders that results from it is currently giving rise to vigorous debate in several EU Member States. This chapter analyzes recent European case-law on this subject matter. Keywords: Private copying exception, fair compensation, InfoSoc Directive, Court of Justice of the European Union, Padawan, EGEDA.
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