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Document 62012CN0463
Case C-463/12: Reference for a preliminary ruling from the Østre Landsret (Denmark) lodged on 16 October 2012 — Copydan Båndkopi v Nokia Danmark A/S
Case C-463/12: Reference for a preliminary ruling from the Østre Landsret (Denmark) lodged on 16 October 2012 — Copydan Båndkopi v Nokia Danmark A/S
Case C-463/12: Reference for a preliminary ruling from the Østre Landsret (Denmark) lodged on 16 October 2012 — Copydan Båndkopi v Nokia Danmark A/S
OJ C 399, 22/12/2012, p. 13–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
22.12.2012 |
EN |
Official Journal of the European Union |
C 399/13 |
Reference for a preliminary ruling from the Østre Landsret (Denmark) lodged on 16 October 2012 — Copydan Båndkopi v Nokia Danmark A/S
(Case C-463/12)
2012/C 399/23
Language of the case: Danish
Referring court
Østre Landsret
Parties to the main proceedings
Applicant: Copydan Båndkopi
Defendant: Nokia Danmark A/S
Questions referred
1. |
Is it compatible with Directive 2001/29/EC (1) for Member States to have legislation which guarantees compensation for the rightholders for reproductions made using the following sources:
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2. |
How must effective technological measures be taken into account, (ref. Article 6 of the Directive) in the Member States’ legislation on compensation for rightholders (ref. Article 5(2)(b) of the Directive)? |
3. |
In the calculation of compensation for private copying (ref. Article 5(2)(b) of the Directive), what constitutes ‘situations where the prejudice to the rightholder would be minimal’, as referred to in recital 35 in the preamble to the Directive, with the result that it will not be compatible with the Directive for the Member States to have legislation which provides for compensation for rightholders for such copying for private use (ref. in this connection the survey referred to in part 2 above)? |
4. |
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5. |
Is it compatible with the concept of ‘fair balance’ in recital 31 in the preamble to the Directive and with the uniform interpretation of the concept of ‘fair compensation’ (ref. Article 5(2)(b) of the Directive), which must be based on ‘prejudice’, for the Member States to have legislation under which remuneration is collected for memory cards, whereas no remuneration is collected for internal memory such as MP3 players or iPods, which are designed and primarily used for private copying? |
6. |
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(1) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10).