ECS Position Paper on the Opinion of the Advocate General in the Case HP Belgium v Reprobel before the Court of Justice of the EU

摘要

On 11 June 2015, A.G. Pedro Cruz Villalon delivered his Opinion in the HP Belgium v Reprobel case then pending before the Court of Justice of the EU (CJEU). The Advocate General's Opinion and the underlying case raise one important issue: is it permissible for a national copyright law to allocate a portion of the fair compensation for reproductions exempted under art.5(2)(a) and (b) of the 2001/29 Infosoc Directive directly to publishers, although they are not listed among the initial holders of the reproduction right under art.2 of the Infosoc Directive? As a group of academics concerned about the copyright reforms envisaged in the EU as well as by the interpretation and development of the law by the CJEU, the European Copyright Society (ECS) takes this opportunity to share its view on this matter of principle.