Asunto C-433/20: Petición de decisión prejudicial planteada por el Oberlandesgericht Wien (Austria) el 15 de septiembre de 2020 — Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte Gesellschaft mbH / Strato AG
Section | Serie C |
30.11.2020 ES Diario Oficial de la Unión Europea C 414/23
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¿Debe interpretarse la expresión «en cualquier soporte» del artículo 5, apartado 2, letra b), de la Directiva 2001/29/CE (1) en el sentido de que incluye también los servidores en posesión de terceros, en los que estos proporcionan a personas físicas (clientes) un espacio de almacenamiento para uso privado (sin fines directa o indirectamente comerciales), que los clientes utilizan para efectuar reproducciones mediante almacenamiento («computación en la nube»)
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Si la respuesta es afirmativa, ¿debe interpretarse la disposición citada en la primera cuestión en el sentido de que se aplica a una norma nacional en virtud de la cual el autor tiene derecho a recibir una remuneración razonable (remuneración en concepto de medios de almacenamiento) — si, respecto de una obra (que ha sido emitida por radiodifusión, puesta a...
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