Exceptions to Public Lending Rights and Authors' Remuneration: The ECJ in Vewa v. Belgium

Journal of Intellectual Property Law & Practice, 2011

2 Pages Posted: 17 Aug 2011

See all articles by Enrico Bonadio

Enrico Bonadio

City University London - The City Law School

Marco Bellezza

Portolano Colella Cavallo Italy; affiliation not provided to SSRN

Date Written: August 16, 2011

Abstract

On 30 June 2011 the Court of Justice of the European Union (CJEU) gave its decision in Vereniging van Educatieve en Wetenschappelijke Auters (Vewa) v Belgium (Case C-271/10). The CJEU interpreted Article 6(1) of Directive 2006/115, which allows Member States to derogate from the exclusive rights provided in respect of “public lending,” provided that authors receive a remuneration.

The CJEU held that such remuneration cannot be purely symbolic but it must be determined on the basis of the number of both the works made available and of the users of the public establishment suitable for the lending.

Suggested Citation

Bonadio, Enrico and Bellezza, Marco and Bellezza, Marco, Exceptions to Public Lending Rights and Authors' Remuneration: The ECJ in Vewa v. Belgium (August 16, 2011). Journal of Intellectual Property Law & Practice, 2011, Available at SSRN: https://ssrn.com/abstract=1910679

Enrico Bonadio (Contact Author)

City University London - The City Law School ( email )

London, EC1V OHB
United Kingdom

HOME PAGE: http://www.city.ac.uk/law/

Marco Bellezza

Portolano Colella Cavallo Italy ( email )

via di Santa Maria in Via 12
Rome
Italy

affiliation not provided to SSRN ( email )

No Address Available

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