IP Update: Failure To Pay Private Copying Levy Is A Tort

A recent decision by The Court of Justice of the EU ("CJEU", C-572/14) means that copyright collecting societies, who collect private copying levies, can bring non-payment proceedings in their own Member State, rather than suing in the jurisdiction where the person in default of payment is domiciled. This is relevant to Irish companies who place recording material on the EU market. They may be sued in a foreign court for unpaid private copying levies, the liability for which they may not have been aware since copyright law is not harmonised across the EU. 

Background

Under Austrian law, following the Copyright Directive (2001/29/EC), private copying of copyright works is permitted provided that "fair compensation" is paid to the copyright owner. Given the practical difficulties in identifying persons who may reproduce copyright material, and obliging them to pay compensation to rights-holders, Austrian law provides that businesses who sell recorded material on the