COPYRIGHT : PORTUGAL CONDEMNED BY ECJ OVER EXEMPTION FOR PUBLIC LENDING BODIES.

Tech Europe, September, 2006

The European Court of Justice has found Portugal guilty of not complying with Directive 92/100/EECaon rental right and lending right and on certain rights related to copyright in the field of intellectual property. It is in breach of EU regulations for having withdrawn the requirement for all categories of public lending bodies [ie libraries or similar] to pay royalties to copyright-holders.

The European Court of Justice on 6 July ruled in favour of the European Commission, which had initiated infringement procedures in December 2003. Portugal had implemented the directive in the decree-law nr 332/97 of 27 November 1997. However, it introduced an exemption for public, school and museum libraries as well as public archives, public foundations and non-profit...

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