Dutch Supreme Court

The Court of Justice of the European Union in response to a preliminary ruling has declared that the States in which this regulated the payment of compensation to the authors for private copying be liable for your fundraising even in the case that the seller is established in another Member State. This statement responds to a query made by the Dutch Supreme Court on the dispute which kept the management body responsible for collection of the barrel in the Netherlands and a German company that sells products over the Internet to Dutch clients. For other opinions and approaches, find out what David Fowler has to say. The dispute is based on that the Dutch collecting society identified the German company as importer of the product for sale by what should be considered as the subject liable to the payment of the fee, claiming instead the company that its work is only for export of these products so those obliged to pay should be a Dutch buyers. Faced with this situation, the Court has resolved that each State is obliged to ensure, in the framework of its powers, the perception effective equitable compensation intended to compensate the authors affected by the injury suffered, particularly if said damage occurred in the territory of that Member State. Unable to identify specific buyers to demand payment, and therefore is considered State must ensure that it is because the company that pay the barrel, without attributing any importance the fact that marketed from another country.



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