Following the judgment of the Court of Justice of the European Union (CJEU) in Case C-435/12 ACI Adam [here and here] earlier this year, and pending adoption in the UK of the private copying exception [here], this morning Advocate General (AG) Cruz Villalón issued his 113-paragraph Opinion [Katdrama: the Opinion is neither available in English nor Italian, and the Court has not issued a press release, so this Kat had to struggle with the unfamiliar French version, with some assistance from Google Translate. In all this Merpel wonders whether the CJEU should not hire more English translators, since there is a growing number of AG Opinions that are not made available in this language] in Case C-463/12 Copydan Båndkopi, a reference for a preliminary ruling from the Østre Landsret (High Court of Eastern Denmark).
As Katfriend Javier Ramirez explained a few months ago, this case is important because the CJEU has been asked to address issues that were left outwith earlier case law on private copying and private copying levies [Case C-467/08 Padawan, Case C-462/09 Thuiskopie, Case C-277/10 Luksan, Joined Case C-457/11 to C-460/11 VG Wort, Case C-521/11 Amazon], such as in what cases the de minimis rule in Recital 35 applies [this has been pretty central to UK debate on private copying], or whether a distinction in the application of levies is required when the primary function of a certain device is to allow the reproduction of works for private use. In this particular case, the background question is whether memory cards for mobile phones should be subject to payment of private copying levies.
But let's start from the beginning.
Copydan Båndkopi, a Danish collective rights management organisation, asked Nokia to pay DKK 14826828,99 [that is nearly EUR2m] as a private copying levy for the reproduction of music and videos over the memory cards for mobile phones that it imported and marketed in Denmark between 2004 and 2009. Litigation ensued over Nokia's refusal, and the Østre Landsret referred the following questions to the CJEU:
|Clearly not a Nokia phone,|
but at least a Kat cover
|Probably less messy than |
the questions in Copydan
|Very cute, |
but sadly the sole wearing of
a French beret does not transform
a Kat into a fluent French-speaking being