Mobile phones as photocopying devices in the context of exceptions or limitations to the reproduction right /

In the collective management of copyright and related rights in the Republic of Slovenia, we face numerous challenges related to the collection, management, and distribution of copyright royalties and equitable remunerations. The most pressing issue in Slovenian case law is the payment of fair compensation for reproduction under conditions of private or other personal use. The Higher Court of Ljubljana, in its judgments No. V Cpg 248/2023 (Higler Court of Ljubljana, 2024a) and V Cpg 249/2023 (Higher Court of Ljubljana, 2024b), addressed the question of whether under Slovenian law, fair compensation for photocopying must be paid for the import and sale of mobile phones? We believe the answer to this question depends on the complex intertwining of the EU and national law and is far from unambiguous. The article aims to provide a comprehensive overview of Slovenia's remuneration system for private copying, considering the scientific literature and binding EU law and aims to provide legislative solutions for effectively collecting fair compensation for private copying in Slovenia.

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Publication Details

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dCOBISS.SI Digital Repository
Published
2025-10-01
Primary Topic
Intellectual Property Law
Type
article
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Mobile phones as photocopying devices in the context of exceptions or limitations to the reproduction right /

Eneja Drobež
dCOBISS.SI Digital Repository
Intellectual Property Law
article

Mobile phones as photocopying devices in the context of exceptions or limitations to the reproduction right /

Eneja Drobež
article en

Abstract

In the collective management of copyright and related rights in the Republic of Slovenia, we face numerous challenges related to the collection, management, and distribution of copyright royalties and equitable remunerations. The most pressing issue in Slovenian case law is the payment of fair compensation for reproduction under conditions of private or other personal use. The Higher Court of Ljubljana, in its judgments No. V Cpg 248/2023 (Higler Court of Ljubljana, 2024a) and V Cpg 249/2023 (Higher Court of Ljubljana, 2024b), addressed the question of whether under Slovenian law, fair compensation for photocopying must be paid for the import and sale of mobile phones? We believe the answer to this question depends on the complex intertwining of the EU and national law and is far from unambiguous. The article aims to provide a comprehensive overview of Slovenia's remuneration system for private copying, considering the scientific literature and binding EU law and aims to provide legislative solutions for effectively collecting fair compensation for private copying in Slovenia.

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