The ECJ Rules on Private Copying Levy: Padawan SL v. Sociedad General de Autores y Editores (SGAE) (C-467/08)
City University London - The City Law School
Carlo Maria Cantore
EUI - Law Department
April 4, 2011
European Intellectual Property Review, Vol. 33, No. 4, pp. 260-263, 2011
On October 21, 2010 the European Court of Justice (ECJ) gave its decision in an interesting case regarding the so-called "private copying levy" (Padawan SL v. Sociedad General de Autores y Editores (SGAE) (C-467/08)).
The ECJ held that such a levy is in conformity with Directive 2011/79 (on the harmonisation of certain aspects of copyright in the information society) when charged on copying devices sold to individuals, as it can be reasonably be assumed that the equipment will be used for copying.
Yet the levy should not be charged when the said devices are sold to companies and professionals.
Number of Pages in PDF File: 4Accepted Paper Series
Date posted: April 5, 2011
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