Exceptions to Public Lending Rights and Remuneration to Authors: CJEU’s stance in Vewa v Belgium

Bonadio, E. & Bellezza, M. (2011). Exceptions to Public Lending Rights and Remuneration to Authors: CJEU’s stance in Vewa v Belgium. Journal of Intellectual Property Law & Practice, 6(11), pp. 768-770. doi: 10.1093/jiplp/jpr141

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Abstract

On 30 June 2011 the Court of Justice of the European Union (CJEU) gave its decision in Vereniging van Educatieve en Wetenschappelijke Auters (Vewa) v Belgium (Case C-271/10). The CJEU interpreted Article 6(1) of Directive 2006/115, which allows Member States to derogate from the exclusive rights provided in respect of “public lending”, provided that authors receive a remuneration. It was held that such remuneration cannot be purely symbolic but it must be determined on the basis of the number of both the works made available and of the users of the public establishment suitable for the lending.

Item Type: Article
Additional Information: This is a pre-copyedited, author-produced PDF of an article accepted for publication in Journal of Intellectual Property Law and Practice following peer review. The definitive publisher-authenticated version Bonadio (2011) Exceptions to public lending rights and authors’ remuneration: the ECJ in Vewa v Belgium, Journal of Intellectual Property Law & Practice, 6 (11): 768-770. is available online at: http://dx.doi.org/10.1093/jiplp/jpr141
Subjects: K Law > K Law (General)
Divisions: The City Law School
URI: http://openaccess.city.ac.uk/id/eprint/3718

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