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“Sony Mobile Communications”

Decision of the Supreme Court (cour de Cassation) (First Chamber) 17 March 2016 – Case No. 15-10895
  • Directive 2001/29/EC, Art. 4
Decision • Copyright Law France
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  1. 1.

    The holders of exclusive reproduction rights must receive equitable remuneration intended to compensate them for the loss caused to them by the application of the private copying exception.

     
  2. 2.

    The revocation of the decisions adopted by an administrative commission required to determine the types of media eligible for the remuneration for private copying and the rates of such remuneration must not deprive the holders of the reproduction right of equitable compensation owed by virtue of the legal copies made using recording media put into circulation.

     
  3. 3.

    In such a case, it is the responsibility of the ordinary court to assess the compensation to be levied for the account of the rightholders by the collecting society, calculated on the basis of the criterion of the loss suffered by such rightholders by the introduction of the private copying exception.

     

Keywords

Private copying levy Equitable remuneration Collecting society Recording media Private copying exception Revocation of administrative decision 

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2016

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  • Directive 2001/29/EC, Art. 4

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