POR EL ASUNTO PLANTEADO EN AUSTRIA... "According to EU law, the Member States grant, in principle, authors, performers, producers and broadcasting organisations the exclusive right to authorise or prohibit the reproduction of their works, fixations of their performances, their phonograms, their films and fixations of their broadcasts. However, the Member States may provide for exceptions or limitations to those exclusive rights. Accordingly, they may permit, in particular, the making of private copies. A Member State which avails itself of this option must, however, provide that the rightholders receive ‘fair compensation’. That compensation is to compensate rightholders for the reproduction, without their authorisation, of their protected works or other protected subject-matter." ... "The Court’s answer is that the obligation to pay a levy such as the blank cassette levy may not be excluded by reason of the fact that a comparable levy has already been paid in another Member State. A person who has previously paid that levy in a Member State which does not have territorial competence to collect it may request its repayment in accordance with its national law."
Posted on: Thu, 11 Jul 2013 12:40:03 +0000
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