On 9 June 2016, the Court of Justice of the European Union (CJEU) has ruled in Case C-470/14 (EGEDA and Others v Administración del Estado and Others), which is related to the implementation of the private copying exception in Spain. The CJEU in its decision confirms that the Spanish system is not compatible with EU law; it says in the official press release that “the directive precludes such a scheme in so far as the scheme does not guarantee that the cost of the fair compensation is ultimately borne by the users of private copies”. The Court concludes that “in the present case, the Tribunal Supremo (Supreme Court) states in the order for reference that the scheme for financing the fair compensation from the Spanish budget does not guarantee that the cost of the compensation is ultimately borne solely by the users of private copies” and is therefore not compliant with EU law.
The Court also did not rule out the possibility to compensate private copying through state funding as such: “the Court emphasises that the directive does not, in principle, preclude Member States which have decided to introduce the private copying exception from opting to finance it from their budget […] provided that such an alternative scheme guarantees the payment of fair compensation to rightholders, on the one hand, and that its detailed arrangements guarantee actual recovery on the other”.
On May 10, 2016, Chile delivered to WIPO its instrument of ratification to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.
Chile becomes the 17th country to ratify the Marrakesh Treaty. The treaty will come into force following 20 ratifications/accessions.