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2023 Author: Donald Evans | [email protected]. Last modified: 2023-05-21 05:03
In December 2011, the approved the new digital fee system by the Government of Mariano Rajoy, leader of the Popular Party. The previous canon increased the value of the storage media to "return what was stolen by piracy" to the authors, however, the new model established that the State budgets would be in charge of this, something that the authorities did not like. organizations that protect copyrights. An appeal was filed and now we know the result: Europe says no to the digital fee in force in Spain
The digital canon tries to compensate authors for the damage suffered by piracy. However, the distribution of these collections is not always as fair for everyone as it may seem a priori. At the moment the Court of Justice of the European Union is in disagreement with the Spanish digital canon Do you want to know why?
Europe rejects Spain's digital canon
Our current digital fee raises funds to compensate authors for damages suffered by piracy. This "we all pay" fee, unlike the previous one, which incorporated a supplement to those storage media that allowed copies of copyrighted content to be made.
This may seem fair at first, since "equitable compensation" is the most reasonable, in addition to not disfavoring the companies that sell this type of product, but the way of distributing this collection did not like the organizations that protect the rights of creators.
They filed a lawsuit before the Court of Justice of the European Union to invalidate this new canon, and we finally have an answer on what will happen from now on.
The General Advocate of the Court of Justice of the European Union, Maciej Szpunar, offers two options to the Government of our nation:
1. Establish a canon with which to compensate authors, as was done before the Popular Party government.
two. Compensate the authors through the State budget, but without limiting the money that is going to be allocated. In other words, do it based on their real damages.
The current canon establishes a maximum limit of 5 million euros, of which the State keeps the rest and this maximum passes at the hands of the organizations that protect the authors, without taking into account the losses of those affected. This was precisely the reason for the protest and complaint before the Court of the European Union, since the authors want an equal distribution and not limited by the Government
The sentence is still not final, but Szpunar's opinion is respected in the vast majority of cases, so within In a few months we could see how the current legislation changes, adapting to the new demands of Europe.
Users on foot will also be affected by this new measure, since part of those collections went to swell the State budget, of which we are all part and from which our quality of life comes.
What do you think of Europe's decision regarding our digital canon?