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Spanish Internet users against the government

Source: Lexology - Fri 3rd Jun 2011

The Spanish Association of Internet Users (known as the 'Audencia Nacional') has submitted a claim against the government and Spanish collecting societies alleging that:

  • The law governing the list of digital devices which are 'subject to the right to equitable remuneration for private copying and its tariffs' (otherwise known as 'the order') should be overturned, as it violates legal principles.
  • That the invalidity of the above law should be backdated to include all payments improperly made.
  • Earlier this year the association declared the order was null and void as it does not comply with the necessary formal requirements for approval, and that it was not subject to a State Council Report for approval. Also, it did not comply with the financial and justifying report requirements necessary in cases like this.

    The Spanish collecting societies have appealed against this decision with the Supreme court and the case will be heard later this year. The order remains in place until such a time that it may be overturned.

    Also, the Sustainable Economy Act (also know as 'Ley Sinde') states that the Government must modify the regulation on the copyright levy by taking into account European regulations and case law. This judgment is also in line with the recent decision of the Provincial Court of Barcelona, which also mentions the need for a new regulation on copyright levying.

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