Resumen de Netherlands: : Dutch Minister prolongs private copy levy system and lowers levy in response to CJEU Ruling
On 10 April 2014, the Court of Justice of the European Union ruled in the Stichting Thuiskopie case that Article 5(2)(b) of the Copyright Directive does not apply to private copying from an illegal source (see IRIS 2014-6/4). Article 5(2) (b) allows Member States to create a private copying exception, provided that the rightholders receive a fair compensation. In the Netherlands, a levy for private copying was previously intended to cover both copying from a legal, as well as from an illegal source. As it has become clear that that system was not in accordance with European law, the Dutch Minister of Justice has issued a new decision lowering the levy by 30% and in this way keeping the system in force.
