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

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

IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
The four-partner addition includes A&O Shearman’s former co-head of global IP litigation
A settlement involving Disney and another ruling concerning a lawyer’s request for access to documents were also among the big developments
Merchant & Gould's managing partner explains why the firm launched a Boston office and why it brought on board a local boutique
The model covers court-guided settlements, submissions-led determination of infringement and validity issues, and provides leeway for the court to determine a FRAND rate during negotiations
Tie up between Belgium-based firms will create an outfit with almost 30 UPC representatives, and a tier one-ranked patent disputes team
Blank Rome’s launch in West Palm Beach, marked by the arrival of two IP partners, comes in response to rising demands from technology clients
Gift this article