Exceptions to Public Lending Rights and Authors’ Remuneration: the ECJ in Vewa v Belgium
On 30 June 2011 the Court of Justice of the European Union (CJEU) gave its decision in Vereniging van Educatieve en Wetenschappelijke Auters (Vewa) v Belgium (Case C-271/10). The CJEU interpreted Article 6(1) of Directive 2006/115, which allows Member States to derogate from the exclusive rights provided in respect of “public lending”, provided that authors receive a remuneration.
The CJEU held that such remuneration cannot be purely symbolic but it must be determined on the basis of the number of both the works made available and of the users of the public establishment suitable for the lending.
For the full article written by Enrico Bonadio and Marco Bellezza see here.