Advocate General tackles copyright levy questions

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Advocate General tackles copyright levy questions

The CJEU’s Advocate General has advised the EU’s top court how to balance the rights of individuals to make private copies and the rights of IP owners to receive compensation in an opinion on copyright levies

Advocate General Eleanor Sharpston yesterday issued her opinion in a dispute between German collecting society VG Wort and a group of companies that manufacture printers and computers.

European law requires member states give authors the right to allow or prevent reproduction of their works but says that they can also grant exceptions or limitations to that right. In particular, exceptions can be made in respect of “reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects” and “reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial”, as long as IP owners are compensated fairly. This is usually done by way of a copyright levy on technology that facilitates reproduction.

Germany’s Bundesgerichtshof referred the dispute to the Court of Justice of the EU and asked whether a copyright levy should be charged on printers or personal computers that can only make reproductions when they are linked to other devices, such as scanners, which might themselves be subject to the same charge. It also queried the role of the levy in cases where the rights owner is able to apply technological measures to prevent or restrict copying.

Sharpston recommended the Court rule that member states must extend fair compensation to cases where the reproduction involves the use of digital technology in an intermediate stage, as long as the copying is done by one person or as a single operation.

She said that when the copying is done using a series of devices, such as a computer, scanner and printer, national courts should consider whether it would be a fair balance of the rights of IP owners and the rights of users to apply the levy to a chain of devices. Member states should be able to use their discretion to decide whether to grant or withhold compensation if the rights holder chooses not to use technological protection measures to protect their works from unauthorised copying.

The issue of levies is a contentious one in Europe and there is a patchwork of rules across the EU. Commission plans to harmonise the rules have stalled because of fierce disagreement between IP owners and the makers of devices that allow reproduction. In 2011, Portugal’s António Vitorino, a former European Commissioner for Justice and Home Affairs, was asked to mediate between the two sides in talks in the first half of last year as part of the Commission’s plans for legislative action on private copying levies at the EU level. That dialogue began in April.

more from across site and SHARED ros bottom lb

More from across our site

François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Gift this article