“Sony Mobile Communications”
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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.
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.
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.