City Research Online

The ECJ Rules on Private Copying Levy

Bonadio, E. & Cantore, C. M. (2011). The ECJ Rules on Private Copying Levy. European Intellectual Property Review, 33(4), pp. 260-263.


On 21 October 2010 the European Court of Justice (ECJ) gave its decision in Padawan v SGAE, an interesting case regarding the so-called “private copying levy”. The ECJ held that such a levy is in conformity with Directive 2001/79 (on the harmonization of certain aspects of copyright in the information society) when charged on copying devices sold to individuals, as it can reasonably be assumed that those equipments will be used for copying. Yet the levy should not be charged when said devices are sold to companies and professionals.

Publication Type: Article
Subjects: K Law > K Law (General)
Departments: The City Law School
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