The EGEDA opinion on fair compensation

The EGEDA opinion on fair compensation
 What stance did Advocate General (AG) Maciej Szpunar take on whether fair compensation, payable in respect of the private copying exception, could be financed from state resources and not from the users of the private copies in C-470/14:Entidad de Gestión de Derechos de los Productores Audiovisuales (EGEDA) and Others v Administración del Estado and Others

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What were the questions referred to the CJEU?

The two questions referred to the Court of Justice of the European Union (CJEU) for a preliminary ruling related to the interpretation of article 5(2) (b) of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc Directive).

The two questions were:

  1. Is a scheme for fair compensation for private copying compatible with InfoSoc Directive, art 5(2)(b) where the scheme, taking as a basis an estimate of the harm actually caused, is financed from state resources, and the cost of compensation is therefore not borne by the users of those private copies?
  2. If yes, is the scheme compatible with t

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