Editor's note: "Directive of the European Parliament and of the Council on the harmonization of partial provisions on copyright and related rights in the information society (The first 2001/29/EC No) " Stipulate that the publisher does not fall within the scope of the copyrighter, A private reproduction of a copyright work shall pay fair compensation to the owner of the copying right. European Court of justice (Court of Justice) right Luksan case (Case number: C-277/10) conclusion, Reprobel v Hewlett-Packard The case was brought before the court, Whether the laws of member States have the right to list publishers as beneficiaries of fair compensation for private copying? Look down together.

[background]

"Directive of the European Parliament and of the Council on the harmonization of partial provisions on copyright and related rights in the information society (The first 2001/29/EC No) " (Hereinafter referred to as "European Union regulation 2001/29/EC Number instruction" ) The first 2 The article states that the publisher does not belong to the copyrighter. "European Union regulation 2001/29/EC Number instruction" The first 5. 2 Article provision, A private reproduction of a copyright work shall pay fair compensation to the owner of the copying right. Belgian law provides, Compensation for private reproduction shall be divided equally between the author and the publisher. European Court of justice (Court of Justice) right Luksan case (Case number: C-277/10) conclusion, Reprobel v Hewlett-Packard The case was brought before the court, Whether the laws of member States have the right to list publishers as beneficiaries of fair compensation for private copying?

[conclusion]

2015 years 6 month 11 day, Assistant judge (Advocate General) In a legal opinion in the case: " "European Union regulation 2001/29/EC Number instruction" Should be understood as, Member States are not prohibited from granting fair compensation to publishers, To compensate the publisher for any loss of interest arising from the sale and use of the copying machines and equipment, But this provision shall not prejudice "European Union regulation 2001/29/EC Number instruction" prescribed, The benefit of compensation due to the author. " 2015 years 11 month 12 The final ruling, published on Sunday, was more radical. The ruling did not explain the likelihood that the publisher would be able to collect fair compensation; contrary, The ruling merely states that, publisher "Because of an exception provided by law (Private copying and other exceptions) They have the right to profit from fair compensation, No damage shall be done to the copyrighter (The author) Equitable compensation benefits due to such exceptions" .

[comment]

The ruling in this case was not adopted, The laws of the member states grant the publisher "extra" The right to fair compensation, Or the possibility that the laws of the member states permit an agreement between the author and the publisher.

compile: Liu Dan, The source of Aisabri Legal Counsel: Esabaril (ELZABURU) Intellectual property cover image source: Bing Pictures