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17 April 2014
Issue: 7603 / Categories: Case law , Law digest , In Court
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EU—Copyright

ACI Adam BV and others v Stichting de Thuiskopie and another C-435/12, [2014] All ER (D) 83 (Apr)
 

The court had accepted that, given the practical difficulties connected with such a system of fair compensation, it was open to the member states to establish a levy for the purposes of financing fair compensation chargeable not directly to the private persons concerned, but to those who might pass on the amount of that levy in the price charged for making reproduction equipment, devices and media available or in the price for the copying service supplied, the burden of that levy thus ultimately being borne by the private user who paid that price.

Further, it was apparent from Recital 31 in the preamble to Directive 2001/29 that the levy system introduced by the member state concerned had to safeguard a fair balance between the rights and interests of authors, who were the recipients of the fair compensation, on the one hand, and those of users of protected subject matter, on the other.

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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