Abstract

The InfoSoc Directive (2001/29/EC) aimed at harmonising copyright-related aspects within the EU. Article 5(2)(b) of the Directive, which concerns private copying has given rise to numerous cases, largely concerning the amount of the relevant fair compensation to be paid to right holders. Copydan Båndkopi v Nokia Denmark is one such case where the Court of Justice of the European Union (CJEU) was called upon to decide whether a private copying levy can be imposed on mobile telephone memory cards and multi-functional memory devices. Within the ambit of the InfoSoc Directive, the CJEU decided that Member States can formulate legislation that levies private copying on multi-functional devices like memory cards, even if the primary function of the device is not to facilitate private copying.

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