ruling on a question submitted by the Provincial Court of Barcelona, \u200b\u200bthis past Wednesday, the Court of Justice of the European Union (ECJ) has issued a statement that is to declare that the indiscriminate application of digital canon is not in conformity with Directive 2001/39, and can only be applied to equipment, devices and media that are available to private users. Probably this will generate the business, professional and public bodies concerned, begin to claim back the amounts, in the light of this ruling, have taken so wrong.
The Court of Luxembourg, it seems clear that the canon can not tax those products intended for the business and professional use (applicable only for private use), but probably generated more questions than solutions, and even if only been 48 hours since its publication, is generating a wealth of comments and opinions of all kinds.
In my view the sentence does not make it sufficiently clear that the outlook for companies and professionals are freed of the charge and says literally that the fee will not apply if the media is "manifestly" restricted to uses other than private copying, "which may imply that the burden of proof lies on those companies or professionals who have to certify that they will use the media for purposes that violate copyrights.
Similarly, as the resolution does not specify what may be the right formula to make a proper application of private copying levies, probably require the Government to sit down with management entities, companies and users to find the formula more adequate and equitable implementation. You may also be looked for solutions to the problem of claims that undoubtedly will occur to demand repayment of the amounts that have been wrongly paid.
Done this brief review of the sentence, and making it clear that copyright can in no way harmed, I conclude by expressing my outspoken criticism of the EU directive and therefore the English law, applying the canon Digital indiscriminately to all individuals, only the "possibility" that can be made private copies of protected works. Why is this critical?. Because if I acquire a DVD, VCR, or even a cell phone, with which I will record my newborn grandson, I will photograph and I'll save those photos to a CD, I'm not hurting any author, since the author myself. If so why do I have to pay a fee to an authors' society for the private copying of my own work?. Therefore, I am totally against the application of the canon of indiscriminately.
I know it's really hard to find ways and solutions that enable the discrimination that leads to the fee apply only where, it will make a copy of a copyrighted work, but I think that the Administration should move in that direction. Times change, the technologies and therefore have to find mechanisms to prevent the indiscriminate application to all individuals by a mere "possibility."
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