Levy on private copies may be imposed on digital equipment only where they are to be used for private copying says ECJ Advocate General

Advocate General's Opinion in Case C-467/08
Sociedad General de Autores y Editores (SGAE) v PADAWAN S.L.

11th May 2010

In an Opinion given in the case SGAE (Spanish collecting society) v Padawan ECJ Advodate General Trstenjak explains that levies on private copies in favour of authors, artists and producers may not be applied indiscriminately to undertakings and professional persons who clearly acquire the equipment and data media for other purposes. Advocate General Trstenjak is of the opinion that there must be a sufficiently close link between the use of the right and the corresponding financial compensation for private copying. She says that such a charge can be regarded as a compensation scheme for private copying which is compatible with the directive only where it may be presumed that those equipment, devices and media are to be used for making private copies.

read: curia.europa.eu/jcms/upload/docs/application/pdf/2010-05/cp100045en.pdf