Примери за използване на The fair compensation на Английски и техните преводи на Български
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The fair compensation obligation is implemented by Article 42b(1) of the UrhG, under which‘the author shall be entitled to fair remuneration(blank-cassette levy)'.
Since Directive 2001/29 does not provide any further details concerning the various elements of the fair compensation system, the Member States enjoy broad discretion in that regard.
Next, the fair compensation obligation is an obligation to pay remuneration in respect of copying that is authorised by law, not an obligation to pay compensation for acts which are prohibited by law.
UEBT values such as conservation,the sustainable use of biodiversity and the fair compensation of all partners in the supply chain, correspond with Weleda's own long-held principles.
Such a situation cannot be regarded as satisfying the condition of the fair balance to be found between, on the one hand, the rights andinterests of the recipients of the fair compensation and, on the other, those of those users.
Хората също превеждат
Imposition on the Member States of such an obligation to achieve the result of recovery of the fair compensation for the rightholders proves conceptually irreconcilable with the possibility for a rightholder to waive that fair compensation. .
(75) The Court has already held, in this regard,that it would undermine that objective if the Member States were free to determine the limits of the fair compensation in an inconsistent and un-harmonised manner.
As the relevant Directive 2001/29/EC does not provide any further details concerning the various elements of the fair compensation system, the Member States enjoy broad discretion in that regard.
Underlines that the approach to copyright exceptions and limitations should be balanced, targeted and format-neutral and should only be based on demonstrated needs, and should be without prejudice to European cultural diversity,its financing and the fair compensation of authors;
Weleda has been a member since 2011 and the core values such as conservation,the sustainable use of biodiversity and the fair compensation of all partners in the supply chain, correspond strongly with our own long-held principles.
The fair compensation must be financed by the natural person who causes the harm to the holder of the exclusive right of reproduction by making, without requesting prior authorisation, a reproduction of a protected work or other subject-matter for his private use for non-commercial ends.
However, the person is then allowed to lodge his/her appeal in the main matter immediately to the administrative court and, besides the main matter,to ask the court to adjudicate on the fair compensation for financial loss or moral damage caused by the delay.
With regard to the right to the fair compensation payable to authors under the private copying exception, it does not follow from any provision of Directive 2001/29 that the European Union legislature envisaged the possibility of that right being waived by the person entitled to it.
It is important to identify the precise legal consequences of a decision by a Member State to implement this exception, in order todetermine whether legal proceedings based on a breach of the fair compensation obligation relate to‘tort, delict or quasi-delict'.
In the light of that case-law, it is necessary to consider,first, whether legal proceedings seeking payment of the fair compensation provided for in Article 5(2)(b) of Directive 2001/29, such as the main proceedings, concern‘matters relating to a contract' within the meaning of Regulation 5(1)(a) of Regulation No 44/2001.
It may therefore be deduced from the wording of Directive 2001/29 that it is the maintaining orthe introduction by the Member States of the private copying exception that gives rise to the harm caused to rightholders which the fair compensation is intended to compensate adequately.
It is for that reason that the Court has held that the fair compensation referred to in Article 5(2)(b) of Directive 2001/29 must necessarily be calculated on the basis of the harm caused to authors of protected works by the introduction of the private copying exception; see Padawan, paragraphs 38 to 42.
In addition, as is apparent from recital 31 in the preamble to Directive 2001/29 and from paragraph 43 of Padawan, a‘fair balance' must be maintained between the rights and interests of the authors,who are to receive the fair compensation, on one hand, and those of the users of protected works, on the other.
Payment of the fair compensation and of the expenses referred to in Articles 10 and 11 respectively shall be without prejudice to the requesting Member State's right to take action with a view to recovering those amounts from the persons responsible for the unlawful removal of the cultural object from its territory.
By judgment of 15 November 2010,(19) the Gerechtshof te's-Gravenhage, before which an appeal was brought,also dismissed the claim, holding that the fair compensation referred to in Article 16c of the CRL was intended to compensate the harm caused to rightholders by acts of reproduction falling within the scope of that provision.
Payment of the fair compensation and of the expenses referred to in Articles 10 and 11 respectively shall be without prejudice to the requesting Member State's right to take action with a view to recovering those amounts from the persons responsible for the unlawful removal of the cultural object from its territory.
A fortiori, European Union law must be interpreted as not allowing the Member States the option of laying down an irrebuttable presumption of transfer, in favour of the producer of a cinematographic work, of the remuneration rights vesting in the principal director of that work,since such a presumption would result in the latter being denied payment of the fair compensation provided for in Article 5(2)(b) of Directive 2001/29.
It follows from the foregoing that legal proceedings seeking payment of the fair compensation provided for in Article 5(2)(b) of Directive 2001/29, such as the main proceedings, constitute a‘claim seeking to establish the liability of a defendant' within the meaning of the case-law referred to in point 56 of this Opinion.
Invites the Commission to analyse, on the basis of scientific evidence, Parliament's resolution of 27 February 2014 on private copying levies(18) and the results of the latest mediation process conducted by the Commission(19),the viability of existing measures for the fair compensation of rightholders in respect of reproductions made by natural persons for private use, in particular in regard to transparency measures;
Under such a system,the harm caused, and therefore the amount of the fair compensation payable to the recipients, is calculated onthe basis of the criterion of the harm caused to authors both by reproductions for private use which are made from a lawful source and by reproductions made from an unlawful source.
The fair compensation provided for in that provision is intended solely to compensate the harm sustained by rightholders‘as a result of the introduction' of the private copying exception, not the harm caused to rightholders by reproductions made from unlawful sources nor, a fortiori, the harm resulting from the upstream dissemination of unlawful copies of their works.
Without fundamentally redefining the very rationale for the private copying exception andthe principals underlying the determination of the fair compensation that must accompany it, with all the consequences that that would entail, the income generated by the private copying levy cannot compensate the loss of revenue which would be caused by the normal exploitation on the Internet of the works of rightholders.
Consequently, legal proceedings seeking payment of the fair compensation provided for in Article 5(2)(b) of Directive 2001/29, such as the main proceedings, do not concern‘matters relating to a contract' within the meaning of Article 5(1)(a) of Regulation No 44/2001, as Austro-Mechana, the French Government and the Commission rightly submitted in their written observations.
First of all, it should be made clear that since the question asked refers solely to the fair compensation provided for in Article 5(2)(b) of Directive 2001/29 under the private copying exception, it will be answered from the point of view of only the reproduction right and the related right to fair compensation. .