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WEEKLY NEWS - DECEMBER 13, 2007

This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

No copyright levy on normal printers, says German Court

Eklavya Gupte, London

A collecting society has reacted angrily to a decision of the First Civil Senate of the German Federal Court of Justice after the Court said it would not apply copyright levies to normal, everyday computer printers.

The decision to exclude copyright remuneration for these printers was made during an oral hearing on December 7. The full reasoning will be made available in a judgment within the next few weeks.

Lawyers were surprised by the decision, as in copyright levy cases the courts have normally favoured collecting societies and claimants.

Copyright levies have traditionally been applied in many European countries on recording and reprographic equipment. But a number of disputes have arisen over whether these levies also apply to more modern IT devices.

The latest ruling is also expected to influence pending cases on copyright levies on multi-functional printers and PCs.

Fabian Niemann, a partner at Bird & Bird, said he believed that a reduction in copyright levies can be expected in the light of the Court’s judgment.

He told MIP Week: "This is a landmark decision. Economically, it is very important and positive for the printer and entertainment industry."

The decision is a setback to German collecting societies. VG Wort, a collecting society of authors and publishers, which is the claimant in a few of the pending cases, described the ruling as "a sale of copyright law" and has threatened to take the issue to the constitutional court.

Alexander Haudan, a partner at Taylor Wessing who is representing printer companies in similar cases, was not as optimistic about this hearing as Niemann.

According to Haudan, it is "very difficult to say what sort of impact it will have". He also said that only after the full judgement will people know whether "it is good or bad" for the industry.

In January this year, three printer makers persuaded a German court that they should not have to pay copyright levies to VG Wort, which was the first time a German court has rejected a general claim for copyright levies.

The Federal Court will also tackle the question of compensation for multifunctional devices and photocopiers in the next year.



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