Judgment_paragraph 23 · Copydan Båndkopi v Nokia Danmark A/S (C-463/12)

23The Court has, however, accepted that, given the practical difficulties in identifying private users and obliging them to compensate the holders of the exclusive right of reproduction for the harm caused to them, it is open to the Member States to establish a private copying levy for the purposes of financing fair compensation, chargeable not to the private persons concerned but to those who have the digital reproduction equipment, devices and media and who, on that basis, in law or in fact, make that equipment available to private users or who provide copying services for them. Under such a system, it is the persons having that equipment who must discharge the private copying levy (judgments in Padawan, EU:C:2010:620, paragraph 46, and Amazon.com International Sales and Others, EU:C:2013:515, paragraph 24).