The Spanish parliament yesterday urged the government to replace the current arbitrary and discriminatory private copying levy system with a the fair and equitable remuneration system based on the effective use of copyrighted works. The non-legislative proposal was accepted by a convincing majority, but does not yet clarify how a fair and equitable compensation system is to be calculated.

Previously, the European Court of Justice ruled that the Spanish private copying levy on all types of equipment, including data carriers that will be used for purposes that are clearly professional (eg sales to a company or a government agency), is disproportionate. The Court states that there must be a direct link between the collection of equitable remuneration of right holders and the use of the taxed product for private purposes.

In the Netherlands, the private copying levy system is also under attack. Deputy Justice Fred Teeven would have recently hinted that he would like the levy system to disappear. The additional fee would hamper innovation and the development of online businessmodels in the creative sector.

Source: KluwerCopyrightBlog en FutureOfCopyright