The Court of Justice pronounced on a dispute between Amazon and the Austrian copyright collecting society “Austro-Mechana” about the recording media levy

In Austria, the "fair compensation" foreseen by the EU Law, which is due by whoever uses in any way an intellectual property work or a reproduction thereof, takes also the form of a private copy levying which is collected on the first sale of recording media suitable for reproduction, so called “Blank cassette levy”. The European Court of Justice, with a ruling on July 11, 2013, observes that the indiscriminate collection of a private copying levy on the first sale of recording media may be consistent with EU law, in case the intended use of the support is not only to make private copies but to put those contents in the market. It is accordingly for the National Judge, the Austrian Court, to verify if the Austrian regime is consistent with the principles established by the Court of Justice and, in particular, if there is a way to obtain the reimbursement when the same levy is unduly paid.

07/19/2013 | Copyright