Private Copying Levy for ‘Smart Mobile Phones’

Private Copying Levy for ‘Smart Mobile Phones’

Journal article

1 electronic resource (page 483–490)

Extract Copyright Act, Art. 25(1)(b); Decree to the Copyright Act No. 488/2006 Coll., Arts. 5(2), 6; Directive 2001/29/EC, Art. 5(2)(b) – OSA v Vodafone Headnotes by the Editorial Office 1. The exception for ‘mobile phones’ from the scope of devices for making reproductions must be interpreted in a way that achieves equal treatment when dealing with comparable types of products. 2. The multifunctionality (or degree of multifunctionality) of a certain product is not decisive for the existence of the author’s right to remuneration; however, it is the very capability of such a product to enable its users to make private reproductions of recordings of works. 3. In a situation where functionally different types of products are actually marketed under a single generic designation (such as ‘mobile phones’), the exception from the scope of remuneration payment may only apply to such products (within the generic designation concerned) which do not enable their users to make private reproductions of works beyond a certain minimum extent in their normal use. This was rather the case of the initial form of ‘button mobile phones’. Products that are not excluded from the scope of the right to remuneration in this way include, in particular, ‘smart mobile phones’.

Crossref

GRUR International ; 74, 5, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

eng

https://academic.oup.com/grurint/article/72/3/231/6998505

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