Private Copy: Apple Sentenced To Pay Copie France €5million For IPads Sold In 2011
The courts in Paris have just ruled that Apple must immediately pay Copie France an interim payment of 5 million euros for private copy due on iPads sold by Apple in 2011. Consumers paid private copy contributions to Apple, but Apple did not pass them on to Copie France.
By way of reminder, on 12 January 2011 the commission responsible for setting levels of remuneration for private copy approved decision No.13 to levy remuneration for private copy on multimedia tactile tablets according to a provisional grid – valid until the following 31 December – whilst it continued working on a definitive grid.
Arguing, among other things, that this decision had been taken too hastily and had been based on grids that apply to other types of device, Apple petitioned the State Council to annul the decision. The latter has not yet ruled on Apple’s petition. In court, Apple contested the obligation to pass on sums collected from consumers to Copie France.
In the ruling it delivered today, the court deemed:
* that commission decision number 13 is enforceable in so far as it has not been annulled by the State Council,
* that even in the event of doubt as to the legality of the decision, leading the court to postpone a ruling on the merits of the case, the existence of receivables due to Copie France from Apple is properly established as a debate on the validity of a commission decision does not affect creators’ rights to remuneration in the name of private copy pursuant to article L 311-1 of France’s intellectual property code,
* that consequently, Copie France is entitled to receive an interim payment of 5 million euros with immediate effect.
Source: Apple Inc
