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Judgment on Canon Digital

Sandra Torrillas our partner sends us this interesting article on the recent judgment on the Canon Digital

'The Court of Justice of the European Union and the collapse of Spanish digital canon

On June 9 the Court of Justice of the European Union have pronounced considered as not set to right the payment of fair compensation for private copying (colloquially known as 'digital canon' or 'private copy'), which are individuals required by domestic copies made of the intellectual creations of authors, artists, producers and broadcasters acquired for home and private use.
How and how much on the payment of fair compensation for private copying have made to date, a puzzle difficult to fit into the Spanish system. Previously, followed system provided for a 'surcharge' on equipment, devices and media digital reproduction acquired by individuals, based on the mere possibility that these undertake reproductions of intellectual creations in a private and domestic sphere, like VAT passed on to the purchasers of such products, and that eliminated your subscription by legal persons.
Given the controversy caused by this system, a different scheme was adopted by Royal Decree 1657/2012 of 7 December, which moved this economic obligation to all taxpayers, reserving a budget for this purpose. The effects of this change accounted for, first, the impossibility of distinguishing between individuals (required to pay) and legal entities (exempt from such payment not be included in the exception to the reproduction right), and secondly, to a significant decrease in the amounts received by the management entities in defending the rights of their constituents.
The Court has agreed with the Management Entities, as to the impossibility of distinguishing between legal entities and individuals through this system people, and therefore believes that it should follow another model, eligible for State Spanish, to distinguish between different subjects.

Sandra Rodriguez Torrillas
He graduated in Law from the Carlos III University of Madrid
Master in Intellectual Property by the Carlos III University of Madrid
Access to Master in Advocacy by the National University of Distance Education '

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