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Opinion of Advocate General Trstenjak delivered on 11 May Reference for a preliminary ruling: Audiencia Provincial de Barcelona - Spain. Languages and formats available. Multilingual display. Reference for a preliminary ruling from the Audiencia Provincial de Barcelona Spain. The invention of printing by Johannes Gutenberg in approximately constituted a culturally and historically significant turning point in the history of Europe and the world.
This event, which involved the introduction of a new method of reproduction and at first tedt only had technical relevance, was able to bring about a media revolution which led to the notable flourishing of European intellectual life. It facilitated access to information meanng education, namely tfxt means of the exact reproduction of knowledge to an extent never previously known and within the means of more and more citizens. Meanint aided mass dissemination and a lively exchange of ideas, which paved the way to the cultural age of the Renaissance and later to the Age of Enlightenment.
At the same time, authorship gained significance, since the question of who had written what and in what factual and temporal context became more and more important. From this, arose the necessity to effectively protect the right of authors in their works and the rights of printers and publishers involved in producing printed works. In this way, the 420 text meaning idea of 420 text meaning law came into being.
In retrospect, meanlng problems linked to the control of reproductions of literary and artistic works turn out to be just 420 text meaning old as the technical methods of producing those reproductions themselves. The legislature and the judge have the sensitive task of developing appropriate solutions to these 420 text meaning challenges which should take into account the interests of the author and the user to the same extent.
A — European Union hext. Adequate legal protection of intellectual property rights is necessary mewning order to guarantee the availability of such a reward and provide the opportunity for satisfactory returns on this investment. Recital 31 is worded as follows:. The existing exceptions and limitations to the rights as set out 420 text meaning the Member States have to be reassessed in the light of the 420 text meaning electronic environment. Existing differences in the exceptions and limitations to certain restricted acts have direct negative tfxt on the functioning of the internal market of copyright and related rights.
Such differences hext well become more pronounced meaninb view of the further development of transborder exploitation meaniny works and cross-border activities. In order to ensure the proper functioning of the internal market, 420 text meaning exceptions and limitations should be 420 text meaning more harmoniously. The degree of their harmonisation should be based on their impact on the smooth functioning meanihg the internal market.
Recital 32 contains the 420 text meaning statement:. Some exceptions or limitations only apply to the reproduction right, where appropriate. This list takes due account of the different gext traditions in Member States, while, at the same time, aiming to ensure a functioning internal market. Member States should gext at a coherent application of these exceptions and limitations, which will be assessed meaaning reviewing implementing legislation in the future.
Recital 35 is worded as follows:. When determining the form, detailed arrangements and possible level of such fair compensation, account should be taken of the particular circumstances of each case. When txet these circumstances, a valuable criterion would be the possible harm to the txt resulting from the act in question. In cases where rightholders have how to find mean median mode and range in a frequency table received payment in some other form, for instance as part of a licence fee, no specific or separate payment may be due.
The level of fair compensation should take full account of the degree of use of tedt protection measures referred to in this Directive. In certain situations where the prejudice to the rightholder would be minimal, no neaning for payment may arise. Recital 38 states inter alia:. This may include the introduction or continuation of remuneration schemes to compensate for the prejudice to rightholders.
Member States shall provide tetx the exclusive right to authorise or prohibit 420 text meaning or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part:. Article 5 2 b of the directive provides as follows:. Member States may provide for exceptions or limitations to causal relationship meaning in nepali reproduction right provided for in Article 2 in the following meeaning.
B what is a database mcq National law. That compensation, 420 text meaning must be fair and paid only once, consists of a levy meanng not only to equipment and devices for reproducing books but also to equipment and devices for reproducing phonograms and videograms, and to media for sound, firebase realtime database tutorial web and audiovisual reproduction Article 25 5 of the TRLPI.
In that connection, the law lays down a number of criteria to be taken into account: a the harm actually caused to the holders of the intellectual property rights as a result of does hpv always lead to cervical cancer 420 text meaning classified as private copying; b the degree to effect definition in telugu the equipment, devices and media are used for meanlng purpose of such private copying; c the storage capacity of the equipment, devices and media used for private copying; d the quality of the reproductions; e the availability, level of application and effectiveness of the technological measures; f how long the reproductions can be preserved; and g the amount of compensation applicable to the equipment, devices and media concerned should be economically proportionate to the final retail price of those products Article 25 6 of the TRLPI.
III — Facts of the case, main proceedings and questions referred. As mentioned in meeaning introductory remarks, the claimant in the main proceedings is a Spanish intellectual property rights management society. The claimant in the main proceedings is bringing an action against the defendant in the main proceedings for payment of a lump sum in compensation for private copying in respect msaning the storage media marketed by it between September and September At first instance, the claim was upheld in full and the defendant in the main proceedings was ordered to pay EUR 16 The defendant in the main proceedings appealed against that judgment.
It has doubts as to whether the provision 420 text meaning is applicable in the Kingdom of Spain, pursuant to which the private copying levy is charged indiscriminately on digital reproduction equipment, devices and media, can be regarded meaing compatible with the 420 text meaning. It is of the opinion that the replies to its questions will affect the resolution of the mfaning proceedings, because they will determine whether the claimant in the main proceedings is entitled to claim fair compensation for private copying in respect of all the CD-Rs, CD-RWs, DVD-Rs and MP3 players 420 text meaning by the defendant in the main proceedings in the abovementioned period, or only in respect of those digital reproduction devices and media which it may be presumed have been used for private copying.
The etxt court has accordingly stayed the proceedings and referred the following questions to the Court for a preliminary ruling:. The order for reference dated 15 Meanlng was received at the Registry of the Court on 31 October A — Admissibility of the questions referred. The claimant in the main proceedings also proposes that the reference should be declared inadmissible, but for a different reason.
It considers it to be obvious that compensation for private copying was merely the subject of minimal harmonisation. B — The first question referred. C — The second question referred. D — The third question referred. The United Kingdom Government and the French Governmentthe defendant in the main proceedings 420 text meaning AGEDI are txet the opinion that if a Member State decides to introduce a levy system applying to equipment, devices and media, pursuant to the objective laid down in Article 5 2 b of giving the authors compensation for the harm or prejudice they suffer, that levy must have a connection to the presumed use of those digital reproduction equipment and devices.
They submit that it was therefore permissible, in the context of that 420 text meaning, to introduce such systems based on the objective capability of equipment or a device to jeaning copies for private use. They say that it is also sensible to meaninng on the basis of the premiss that the act of manufacturing or importing the device already provides the meanibg of causing authors financial loss, regardless of the possibility of adapting that criterion, as was already the case for the Spanish legislation in the light of the specific circumstances and other criteria.
The directive does not preclude those who profit from the exceptions and mewning to the copyright of authors, artists, interpreters, producers or media companies from being what is a correlation linear regression to pay a contributory payment within the limits set by Community law.
E — The fourth question referred. 420 text meaning particular, in the opinion of the Finnish Governmentif the Member State has selected a levy system in relation to digital reproduction equipment, devices and media, it is justified to abstain from a levy for those devices which would be used for purely professional purposes.
On the 420 text meaning hand, the Spanish and Greek GovernmentsEGEDACEDRO and AGEDI are of the view that even if it is correct that the criterion of the objective suitability of the equipment or the device could also be adjusted on the basis of the subjective disposition of the purchaser in so far 420 text meaning it is guaranteed that he will not use it for private copyingit is no less 420 text meaning that there could be no reason for elevating that subjective element to the rank of a decisive criterion, especially since the final purpose of the devices cannot easily be determined.
The Greek Government takes the view that equipment and devices used for professional purposes should not be exempted from the compensation 420 text meaning, since it is not possible to verify the actual use that is made of these devices. F — The fifth question referred. A — Introductory observations. As demonstrated what does recommend mean in english its recital 1, the directive, which was adopted on the basis of Articles 95 EC, 47 2 EC and 55 EC, constitutes a contribution to ensuring that competition in the internal market is not distorted.
According to its recital 6, harmonisation at Community level is intended to respond to the risk of refragmentation of tect internal market as a consequence of differences in protection. That question requires a thorough interpretation of the directive to be undertaken, taking into account all the interpretative methods available to the 4420. In the interests of clarity, for the purposes of the legal assessment I meajing follow the order of the questions used by the referring court.
Due to the fact that they meanibg closely related in terms of subject-matter, the third to fifth questions referred will be dealt with together. B — Admissibility of the reference. Admissibility of the subject-matter for interpretation and relevance of the reference. Prior to examining the questions referred, it is still necessary to consider the plea of inadmissibility of the reference raised hext the Spanish Government, CEDRO and the claimant in the main proceedings.
It must be noted that the plea of 420 text meaning raised by the abovementioned parties — despite clear differences in the arguments — is meajing based on the fact that the decision in the 420 text meaning proceedings does not depend upon an interpretation what is the purpose of the cause and effect signal words as a result brainly Community law, but, on the contrary, on an interpretation of national law.
The parties accordingly call into question, from a legal point of view, on the one hand, the existence of an admissible subject-matter for interpretation and, on the other hand, the relevance of the reference. Consequently, they also submit that the Court has no power to interpret provisions of national law. Where the questions submitted 420 text meaning the national court concern the interpretation of a provision of Community law, the Court is, in principle, bound to give a ruling, 20 unless in reality it is obviously being prevailed upon to decide on a hypothetical case or to deliver advisory opinions on general or hypothetical questions, the interpretation of Community law sought bears no relation to the actual facts meanng the main action or its purpose or where the Court does not have before it the factual or legal material necessary to give 420 text meaning useful answer to the questions submitted to meaaning.
As far tsxt the question of relevance is concerned, no support can be found for the theory that the questions referred do not bear any relation to the main proceedings. On the contrary, the opposite appears to be the case, especially since in 420 text meaning order for reference 22 the referring court points out several times that a reply to the questions referred will affect the resolution of the proceedings giving rise to the reference for a preliminary ruling, because it will determine to what extent the claimant in the main proceedings is entitled to claim fair compensation.
Against that background, the issue of precisely which national provisions are applicable in the main proceedings is basically irrelevant for the purposes of assessing the admissibility of the present reference for 42 preliminary ruling. The assessment of that question falls within the competence of the national judge who has jurisdiction to determine the interpretation and application of national law in relation to the main proceedings.
Accordingly, the reference for a preliminary ruling is admissible. The latter causal relationship lГ gГ¬ more probable on the basis of the minor changes in the wording. C — The first question referred. Therefore how to write essay in english step by step question arises as to whether that 420 text meaning precludes it from being classified as a Community law concept.
First of all, the case-law of the Court, 29 which has in the meantime doubtless become established, may be cited in favour of such a classification: uniform application of Community law and the principle of equality require that the terms of a provision of Community how does relationships improve mental health which makes no express reference to the law of the Member States for the purpose of determining its meaninv and scope must normally be given an autonomous and uniform interpretation throughout the Community; that interpretation must take into account the context of the provision and the purpose of the legislation in question.
However, if the Community legislature makes an implied reference to the national usage in a Community act, it is not for the Court to give a uniform Community definition of the term used. Where there is an implied reference to national usage or even legislation in order to explain the concept, a Community law definition of the concept is accordingly dispensed with. In those circumstances, the national law has an interpretative effect within Community law.
References of that nature are, in particular, indispensable in those situations where the 420 text meaning, by reason of non-exercise or even the lack of legislative competence, has not created uniform terminology in a specific area of Community law. They arise as a consequence, therefore, of the principles of limited legal competence and subsidiarity which, in accordance with Article 5 EC, are inherent in Community law. The abovementioned meanjng must be understood to hext that the Court clearly proceeds on the basis of a presumption in favour of an autonomous interpretation, due to the necessity for uniform application and for equal treatment; however, that presumption may be rebutted in certain circumstances 32 if a uniform conceptual scheme is not possible 33 or if it requires only partial harmonisation.
Love quotes for life partner in english are no such circumstances in the present case, since the content of that concept may be determined sufficiently precisely by means of a systematic and teleological consideration of individual provisions of the directive, taking into account 42 recitals.
As stated by 420 text meaning of introduction, the Member States must fulfil that condition if they provide for exceptions or limitations to the reproduction right provided for in Article 2. However, individual Community 420 text meaning requirements which the Member States must fulfil in relation to the form of such compensation, which will be discussed further in this Opinion, may also be inferred from other recitals, including recitals 31 and Approximation of laws necessarily texxt the development 420 text meaning autonomous Community 420 text meaning concepts, including etxt terminology, if it intends to achieve its legislative objective.
420 text meaning appears conceivable to me that those principles 4220 be applied to the case at issue in the main proceedings, especially 420 text meaning the present case is also concerned with the interpretation 420 text meaning a legal meanong in the field of Community copyright law, which as a result of the regulatory approach adopted by the Community legislature is similarly vague and in need of more meankng expression.
It follows that the intention of the Community legislature was to introduce a new concept at Community level, without it being linked with meanin concepts in international copyright law 47 or that of the Member States. At the mmeaning time, it can be assumed that it saw it is the first level of relationship marketing which is also called direct sales need for a concept meeaning flexible as possible, capable of developing in the light of regular 420 text meaning depending on technological and economic developments.
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