Prejudiciële vragen over billijke compensatie voor professioneel gebruik

01-05-2015 Print this page
B913737

Zaak C-110/15: Nokia Italia e.a. Prejudiciële vragen Consiglio di Stato - Italië

Auteursrecht. "A request for a preliminary ruling from the Italian Court concerning the compatibility of Italian legislation on copyright, and in particular on compensation due to holders of copyright-related rights for the private reproduction, on any medium of phonograms and videos made by natural persons for personal use (not for profit), with Directive 2001/29/EC."

Prejudiciële vragen: 1. Does Community law, and in particular recital 31 in the preamble to, and Article 5(2)(b) of, Directive 2001/29/EC, preclude national rules (in particular Article 71 sexies of the Italian Legge sul Diritto d’autore (Law on copyright), in conjunction with Article 4 of the [Decree of] 30 December 2009) that provide that, in the case of media and devices acquired for purposes clearly unrelated to private copying (that is to say, for professional use only), determination of the criteria for ‘ex ante’ exemption from the levy is left to private negotiation, or ‘free bargaining’, with particular regard to the ‘application protocols’ referred to in Article 4 above, failing any general provisions and any guarantee of equal treatment between the SIAE and persons obliged to pay the compensation, or their trade or professional associations?

2. Does Community law, and in particular recital 31 in the preamble to, and Article 5(2)(b) of, Directive 2001/29/EC, preclude national rules (in particular Article 71 sexies of the Italian Law on copyright, in conjunction with the [Decree of] 30 December 2009, and the instructions on reimbursement given by the SIAE, that provide that, in the case of media and devices acquired for purposes clearly unrelated to private copying (that is to say, for professional use only), reimbursement may be requested only by the final user rather than the producer of the media and devices?

Lees hier meer. Zie ook de verwijzingsuitspraak.