Fair Compensation for the Private Copying Exception: Private Use versus Professional Use

摘要

This comment examines the interpretation of the concept of fair compensation for the private copying exception and the implications of the ECJ's judgment for the Spanish private copying system, in which this levy has been so far applied indiscriminately to equipment and media purchased either by natural persons or by companies or professionals. However, the new questions to which this decision gives rise lead us to believe that the Padawan case is not the end, but only the beginning of a "saga " in relation to the interpretation ofart.5(2)(b) of the Information Society Directive.