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Clifford Chance

Clifford Chance
Briefings

Briefings

The Supreme Court declares null and void the distribution of remuneration for private copying in relation to phonograms and other sound media

9 October 2020

In its recent Judgment no. 1227/2020, dated 30 September, the Spanish Supreme Court (Third Chamber) declared null and void the distribution of equitable remuneration for private copying among authors (40%), performers (30%) and producers (30%), respectively, established in Article 4.1.a) of Royal Decree 1398/2018, dated 23 November, which develops Article 25 of the Spanish Copyright Act (Ley de Propiedad Intelectual) with regard to the equitable remuneration system for private copying ("RD 1398/2018" and the "LPI", respectively).

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