Interpretarea uniformă a noţiunii de „compensaţie echitabilă” pentru copia privată prevăzută de art. 5 alin. 2 lit. b) din directiva 2001/29/ce a...
Uniform interpretation of the term "fair compensation" for private copying provided by art. 5. 2 letters. b) of Directive 2001/29/EC of the Europe...

Summary/Abstract: The application of necessary royalty to ensure fair compensation for the private copy on the equipment, appliances as well as for digital reproduction supports must be performed differently, only over those capable of producing private copies, which copies, in the same time, are made available for individual as home users, regardless of whether those home users actually made such private copies or not, a interpreted by the Court of Justice of the European Union gives to the concept of „fair compensation” provided by article 5, paragraph 2, letter b from the Directive 2001/29/EC, binding interpretation of national courts of Member States. The application, through national laws, of a royalty over all equipment, appliances and digital reproduction supports, even when they are purchased from other persons than home users, for other purpose than that of producing private copies, does not comply with the provisions of Directive 2001/29/EC.

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