NDLI: “VG Wort” : Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society – Vewertungsgesellschaft Wort (VG Wort) v. Kyocera, Epson Deutschland GmbH, Xerox GmbH and Canon Deutschland GmbH and Fujistsu Technology Solutions GmbH and Hewlett-Packard GmbH v. Vewertungsgesellschaft Wort (VG Wort)

Content Provider	Springer Nature Link
Copyright Year	2013
Abstract	1. With regard to the period from 22 June 2001, the date on which Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society entered into force, to 22 December 2002, the date by which that directive was to have been transposed into national law, acts of using protected works or other subject-matter are not affected by that directive. 2. In the context of an exception or limitation provided for by Article 5(2) or (3) of Directive 2001/29, an act by which a rightholder may have authorised the reproduction of his protected work or other subject-matter has no bearing on the fair compensation owed, whether it is provided for on a compulsory or an optional basis under the relevant provision of that directive. 3. The possibility of applying technological measures under Article 6 of Directive 2001/29 cannot render inapplicable the condition relating to fair compensation provided for by Article 5(2)(b) of that directive. 4. The concept of “reproductions effected by the use of any kind of photographic technique or by some other process having similar effects” within the meaning of Article 5(2)(a) of Directive 2001/29 must be interpreted as including reproductions effected using a printer and a personal computer, where the two are linked together. In this case, it is open to the Member States to put in place a system in which the fair compensation is paid by the persons in possession of a device contributing, in a non-autonomous manner, to the single process of reproduction of the protected work or other subject-matter on the given medium, in so far as those persons have the possibility of passing on the cost of the levy to their customers, provided that the overall amount of the fair compensation owed as recompense for the harm suffered by the author at the end of that single process must not be substantially different from the amount fixed for a reproduction obtained by means of a single device.
Starting Page	975
Ending Page	976
Page Count	2
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	44
Issue Number	8
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2013-11-19
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	International IT and Media Law, Intellectual Property Law
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

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