Financiación y compensación de la copia privada en Españaun nuevo marco jurídico acorde con la jurisprudencia del TJUE y el mercado único digital

Resumo

On february 7, 203, the entities EGEDA, DAMA and VEGAP filed a contentious-administrative appeal againt RD 1657/2012, December 7, which regulated the procedure for payment of equitable compensation for private copying form the PGE, developed under the RD-Law 20/2011 (DA 10th). At the end of 2014, the Spanish Supreme Court made a reference for a preliminary ruling to the CJEU on the adequacy of the new system fo financing form the GGE and the subsequent quantification to Directive 2001/29/CE. Here we provide a critical analysis of the arguments put forward by the disputing parties form postulates and hermeneutical criteria elaborated by a reiterated jurisprudence of the CJEU, which starts with 21.10.2010 and 16.6.2011 Rulings until today (Padawan and Stichting de Thuiskopie). It is included a critical review of STJUE 9.6.2016 (C-470/14) regarding the doubts raised by the private copy financing system and its consequences. All this taking into consideration the ongoing legislative reform of copyright both in Spain and within the EU, on the digital single market (Proposal Directive COM (2016) 593 final).