1. Printer and PC cases referred to the ECJ Equipment Levy Forum IFRRO October 25

2. 2 I. Case History BGH Highest German Civil Court BVerfG German Constitutional Court ECJ European Court 12/0701/08 08/1001/11 07/11

3. 3 II. Questions to the European Court Source: European Court II. Questions to the European Court

4. 4 II. Questions to the European Court (1) Source: European Court Question 1 Concerning Art. 5 (2) a) of the Copyright Directive Does reproduction by „any kind of photomechanical technique or by some other process having similar effects“ include copying with a printer or PC ?

5. 5 II. Questions to the European Court (2) Source: European Court If answer to Q 1 is yes: Question 2 Concerning Art. 5 (2) a), 5 (3) Copyright Directive and Right of equal treatment (Art. 20 EC) Can the legal requirements be fulfilled if the manufacturers, importers of and dealers in another device or devices in a chain of devices rather than the manufacturers, importers or dealers of printers or PCs are obliged to pay the equitable remuneration?

6. 6 II. Questions to the European Court (3) Source: European Court Question 3 Concerning Art. 5 (2) b) Copyright Directive Does the mere possibility of applying technical measures (Art. 6 of the Directive) remove the requirement of fair compensation in the sense of Art. 5 (2) b?

7. 7 II. Questions to the European Court (4) Source: European Court Question 4 Concerning Art. 5 (2) a), b) and recital 36 Copyright Directive Does the requirement and possibility of fair compensation cease to apply if the rightsholder has expressly or implicitly consented to the copying of his work?

8. 8 III. Possible Implications of the Courts Answers Source: European Court III. Possible Implications of the Courts Answers

9. 9 Source: European Court Question 1 Art. 5(2) a and its application on printers and PCs - If answered in the negative, Only private copying under Art. 5(2) b) would cover a levy on printers and PC - Fundamental question Source: European Court

10. 10 III. Possible Implications of the Courts Answers Source: European Court Question 2 Chain of appliances problem - If answered in the negative, German Law would have to be reconsidered -Fundamental question

11. 11 III. Possible Implications of the Courts Answers Source: European Court Question 3 Technical measures and fair compensation - If mere possibility to apply such measures removes the requirement of fair compensation - German Law would have to be changed - Big problems for rightsholders as really effective measures do not exist for text/images

12. 12 III. Possible Implications of the Courts Answers Source: European Court Question 4 Consent Problem - Considerable consequences for all protected works on the internet without technical measure protection

13. 13 Source: European Court We will keep you updated… Thank you for your attention! Source: European Court