The SC annuls current regulations on the private copying levy

15 November 2016

After the preliminary ruling made by the CJEU in its judgment of 9th June, 2016 (case C-470/14), the SC confirms that the system of fair payment for private copies established  by Royal Decree 1652/2012 does not conform to European requirements and is incompatible with Directive 2001/29/EC.

It should be recalled that in the aforementioned judgment, the CJEU had already held that the Spanish system of payment for private copies from the General State Budget was contrary to Community Law, as it did not ensure that those placed under the obligation to make this payment were those that should really cover it.

The judgment of the SC settles the issue at the domestic level, rendering null and void current regulations on the matter. Now, it is the task of the legislator to find a formula  which is balanced, reasonable and in conformity with European Law to compensate rights holders for the private copying of protected content.  


More information: Eric Jordi