Remuneration for public lending

The European Court of Justice has ruled that a Belgian law which allowed a flat rate of remuneration for public lending does not comply with European law because it fails to take into account the number of works made available by a lending establishment and the number of establishments lending a work. The relevant directive exists to ensure that authors receive adequate remuneration for lending as would otherwise be an unauthorised exploitation of their copyright. Though European member states had a wide margin of discretion in the matter, the scale of lending has to be properly reflected in any national schemes for payment of remuneration.

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