International Survey on Private Copying

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WIPO Publication No. 1037E/14 ISBN 978-92-805-2449-9 Acknowledgement and thanks for front cover illustrations Acknowledgement and thanks for front Image courtesy of SOMMAI / FreeDigitalPhotos.net centre Top Lower left Image courtesy of sippakorn / FreeDigitalPhotos.net International Survey on Private Copying Law & Practice 2013 International Survey on Private Copying Law & Practice 2013

International Survey on Private Copying Law & Practice 2013 International Survey on Private Copying 1 Law & Practice 2013 2 20 24 30 32 36 40 44 47 50 56 63 67 71 77 83 92 95 101 105 107 109 115 118 122 125 128 131 135 141 143 145

BURKINA FASO CZECH REPUBLIC UNITED STATES OF AMERICA UNITED STATES 1. AUSTRIA 2. BELGIUM 3. EXECUTIVE SUMMARY Table of Contents Table 4. CANADA 5. CROATIA 6. 7. DENMARK 8. ESTONIA 9. FINLAND 10. FRANCE 11. GERMANY 12. GREECE 13. HUNGARY 14. 15. JAPAN 16. LATVIA 17. LITHUANIA 18. NETHERLANDS 19. NORWAY 20. PARAGUAY 21. POLAND 22. PORTUGAL 23. ROMANIA 24. RUSSIA 25. SLOVAKIA 26. SPAIN 27. SWEDEN 28. SWITZERLAND 29. TURKEY 30. UKRAINE 31. 2 International Survey on Private Copying Law & Practice 2013 alike, or in policy papers of governmental bodies. alike, orinpolicypapersofgovernmental levies, inbackground reports oftheEuropean Commission,instudiesofrightsholdersanduserorganizations this Surveywillbeasusefulithasbeeninprevious yearswhenitwasusedasareference innegotiationson and helpstoreduce differences inthevarioussystemsthatmaydistortregular marketconditions.Hopefully other rights holders, supports efforts to unify and possibly harmonize collection and distribution practices, compensation systems.TheSurveydemonstratestheimportanceofthissource ofincomeforauthors and our gratitudetoallfortheircooperation,andefforts toimprove insightintheglobalprivatecopying the production ofthisrichandvariedcollectiondatawouldnothavebeenpossible.We wanttoexpress thesupportofthosesocieties, the collectionanddistributionofprivatecopyingremuneration. Without The datacompiledintheSurveyisexclusivelyprovided byparticipatingcollectingsocietiesentrustedwith private copying. the last year. More information is provided regarding legal disputes and relevant jurisprudence in the field of participating countries.SomecountrieslikeFranceandtheNetherlandshavehadnewleviesimplementedin In thiseditionWorld Bankdataisaddedtoexaminefurtherthecontextofleviesandremunerations in executable. Ukraine and Estonia. Bulgaria unfortunately is no longer listed, as the private copying exception is no longer world. Itappearsnowinits23 The present surveyrepresents acollectionofkeydataonprivatecopyingcompensationsystems around the 1. EXECUTIVE SUMMARY 1 the World Bank. Information regarding usage from thepopulation,income,internet participatingcountriesisderivedfrom inconsistencies. Thedatasetusedforthetrends presented canbefoundintheattachmenttothisreport. are compared withinformationthathasbeensubmitted inearlierrounds toidentifyandaddress possible When necessaryandappropriate, additionalinformationand clarificationshavebeen requested. Replies the questionnaire canbeimproved andmademore effective, whichisreflected insubsequentstudies. Comments from participantsandexperiencegainedfrom processing informationprovide insightsintohow a wideselectionoffieldsinterest. Eachyear, thequestionnaire isthoroughly reviewed andupdated. the private copying compensation. Data collection takes placethrough an extensive questionnaire, covering The Surveyisanassemblyofdatadelivered bycollectingsocietiesresponsible fortheadministrationof 2.1 2. outside ofEurope. This23 European countrieswithalevysysteminplace.Overtheyearsscopehasexpandedtoembrace remuneration inneighbouringcountriesback1991.Thesurveyquicklyexpanded,andsoonincludedall Stichting deThuiskopiestartedindexinglegalandpracticalinformationabouttheprivatecopying private copyinglawandpracticeofvariouscountriesacross theglobe. aims toassistevidence-baseddecision-makingandoffer anupdateonimportantdevelopmentsinthe infrastructure, theprivatecopyingcompensation(alsoknownaslevies,orsimplylevies).It The survey is intended to provide a global overview of an important element of and related rights Property Organization(WIPO). the Private Copying Collection body in the Netherlands Stichting de Thuiskopie and the World Intellectual http://data.worldbank.org/ Introduction Introduction Methodology andScope 1

rd editioncovers32countriesinalmostallcontinents.Newthisare rd editionwhich,forthesecondtime,isresult ofcollaborationbetween International Survey on Private Copying 3 Law & Practice 2013 Large variety of systems in the world Participation according to continent In Europe, in the early ’90s, the European Commission attempted unification, but the Commission’s efforts efforts unification, but the Commission’s Commission attempted in the early ’90s, the European In Europe, legal and practical In fact, they had the very opposite effect: in legislative proposals. have not yet resulted consideration. The recent cross-border by any unhindered developments in the countries involved proceeded that Commission and Parliament to investigate the viability of measures of the European interest renewed possibly harmonization of (the important parts of) the systems, is of and would further the approximation, significance. great With system in place, but countries in Asia have a private copying remuneration the exception of Japan, no the matter is under consideration in the Republic of Korea. 2.3 of a multitude of as a result the world vary substantially The private copying compensation systems across such as may occur in key areas that significant differences The Survey clearly demonstrates circumstances. legal tools be levied, liability of market players, method of reporting, that can rate levels, selection of products of setting the rates, to mention but a few. method for monitoring and enforcement, Asia Burkina Faso and Côte d’Ivoire have a compensation system in place. Senegal is working on its introduction. a compensation system in place. Senegal is working on its introduction. have Burkina Faso and Côte d’Ivoire having had a private copying system in Burkina Faso is the first African country to have joined the Survey, place since 2004. Africa In South-America, Paraguay, Ecuador and Peru have a legal compensation system in place regarding private have a legal compensation system in place regarding Ecuador and Peru In South-America, Paraguay, copying. South America Compensation systems can be found in Canada and the USA, though these systems are more limited more in Canada and the USA, though these systems are Compensation systems can be found Copying Collective (CPCC/SCPCP) countries. In Canada, the Canadian Private to most European compared USA has a system of private copying levies in place in conjunction with can only collect on audio carriers. The been Companies (AARC) has 1992. The Alliance of Artists and Recording Act of the Audio Home Recording included in the Survey only this year. North America Reasons for this vary: sometimes there is no collective management organization authorized to fulfill these is no collective management organization Reasons for this vary: sometimes there paralyze collection or copyright reform the system, legal proceedings functions; sometimes the debate about and distribution. In a number of countries a working system of collection is not yet in place despite the fact that a private is not yet in place despite the fact a working system of collection In a number of countries Republic of Belarus, for example. In This is the case in the in the law. has been introduced copying exception has been amended leaving virtually no possibilities to collect levies, exception other countries the introduced as is the case in Bulgaria. A private copying compensation system is very common in Europe. Information about levies in 20 European in 20 European Information about levies in Europe. compensation system is very common A private copying No non-E.E.A. countries. well as three as the Survey, (E.E.A.) countries is included in Economic Area the UK. Luxembourg, Malta and in Cyprus, Ireland, compensation exists Europe While we hope that the Survey can be expanded in the future even further to other countries, this edition even further to other countries, future the Survey can be expanded in the While we hope that Africa and Asia. North America, South America, Europe, covers countries in 2.2 4 International Survey on Private Copying Law & Practice 2013 to someoftheserecommendations. issue inFebruary2013thatincludedanumberofrecommendations. Mr.the Commissionand led by former Commissioner António Vitorino. delivered Vitorino a report on this During 2012theissueofprivatecopyinglevieswassubjectanindustrymediationprocess, fostered by The European Commission has been working on a review of the copyright framework for some years now. domestic use. mechanism whichallowscreators tobecompensatedforthewidespread copyingoftheirworksforprivate/ revenues orharmcausedtotherightsownerwhoseworkhasbeencopied.Itiscurrently theonlyefficient right undertheconditionthatafaircompensationwaspaidtoauthorsandotherrightsholdersforlossof use consequentlymadeofit.Ingeneral,thesolutionwasfoundinanexceptionorlimitationtoexclusive being that it ispractically impossible to grantpermission to large numbers ofindividuals, or to monitorthe application ofthereproduction rightforactivitiesthatcanbequalifiedas‘privatecopying’,the reasoning reproduction, provided thattheconditionsofthree-step testare met. Manyjurisdictionslimitthe ConventionallowsmemberstatestoprovideThe Berne forexceptionsandlimitationstotherightof 3.1 3. 3 2 possibilities andopportunities tocopyandenjoycreative worksanyplace, anytime. the scope,levelandapplicability oftheleviesmore complex.Onthe other hand,itshowsanincrease in creative workstored in the cloudoronasingledeviceinhomemake negotiating anddetermining technological developments resulting inconnectedlivingandapossibility toshare, viewandconsumeany or fortheseparatelysoldmemoryunit.Multifunctional devices are increasingly includedinthesystems; used inarecording deviceandsold togetherwiththedevice,albeitnocompensationisduefor A comparableexampleisfoundincountrieswhere amemoryunit(flashcard) isleviedonlywhen such asaudiovisualrecorders, set-topboxesandtvsets withintegratedhard disks,qualifyas‘blankmedia’. blurred. Insomecountrieswithamedialevysystem (forinstanceAustriaandFrance),hard disksinequipment It shouldbenotedthatthedistinctionbetweenrecording equipmentandmediaisincreasingly becoming jurisdictions, leviesare limitedtoblankmedia.ThisisthecaseinCanada,Denmark andPortugal. In somejurisdictions,thecompensationsystemapplies torecording equipmentaswellmedia.Inother visible forconsumersinthesalespriceasawayofachieving more transparency. included intheselling price ofthelevied products. InEurope theEUParliament proposes tomakethelevy the compensation are indicatedas ‘liable parties’ in the Survey). It is assumed that levies will consequently be applied to recording equipment or media used by individuals for their private use (all who can be charged for where importers andmanufacturers, and sometimes the professional traders, are required topay levies For reasons ofefficiency, andthe impossibilityofcollectingfrom individuals,themostcommonsystemis 4. copy; thusallcopiesmadeforprivateusefallwithinthescopeofexception. Netherlands, Russia, Switzerland and Canada do nothave aspecificprovision regarding thesource ofthe the rightsholders,are usuallynotwithinthescopeofexception.There are exceptionstothisrule:the newsgroups, torrent sitesandthelike,where musicandfilmshavebeenuploadedwithoutconsentfrom In general, the exception only applies when the source is legal. Downloads from a peer-to-peer network, copying wasaffecting theincomepotentialofrightsholders. technologicaldevelopmentsmadeitdifficulttodenythatprivate private copyingexceptionswhenmodern replaced byarighttoequitableremuneration. Inotherjurisdictions,levieswere attachedtolong-existing A levywasfirstintroduced inGermany1966.Inthatcase,theexclusive reproduction righthadbeen purposes madebyanaturalpersonforhis/herownpersonaluse. The scopeoftheprivatecopyingexceptionisusuallydefinedasfollows:anycopyfornon-commercial 3.2 ARTIS-EUROCOPYA-GESAC-and-SAA http://www.authorsocieties.eu/library/35/32/Statement-on-Mr-Vitorino-s-recommendations-on-private-copying-signed-by-AEPO- http://ec.europa.eu/internal_market/copyright/levy_reform/ Main principles Main Definition of private copying private of Definition Legal background forprivatecopyingremuneration Practical implementationofcompensationsystems 3 2 Authors’societiesare dividedaccording International Survey on Private Copying 5 Law & Practice 2013 Countries Burkina Faso, Czech r., Denmark, Estonia, Greece, Italy, Lithuania, Norway, Lithuania, Norway, Greece, Italy, Denmark, Estonia, Burkina Faso, Czech r., Poland, Portugal, Romania, Russia, Slovakia, Spain, Turkey, Paraguay, Ukraine, USA Austria, Croatia, Germany Belgium, Canada, France, Netherlands, Switzerland, Japan, Latvia, Sweden Finland, Hungary, Models Levy as a percentage of price 8% 6% 1% or 3% Ranging from 0.87% to 2.53% 0.5% 1% 0.5% 3% Overview of countries that apply a percentage as . Rate setting Models Difference in tariffs Country Direct State Intervention Negotiation industries and societies Special government appointed body or Set by law after proposals by rights holders negotiation stakeholders Estonia Greece Japan Poland Romania Russia Slovakia USA Table 2: Table If we look at the different tariffs on products, we notice a shift from the levies on the traditional optical we notice a shift from on products, tariffs If we look at the different has surpassed the number of media to devices. The number of countries applying a levy on smart phones on the tablet: France, the Netherlands countries have a tariff countries with pc/laptop levies. Only three in is presented an average tariff and capacity, between tariffs and Switzerland. Due to the interdependence 2. Table 4.1 related to the capacity of objects. As a variant to fixed tariffs, directly Countries commonly apply a fixed tariff price to determine the height of the sales or import on a percentage based countries can also apply a tariff The different with a percentage. Czech Republic, Latvia and Lithuania combine fixed tariffs The of the levy. on the height of tariffs. separately to give an impression presented are tariffs Table 1: Table Roughly speaking, Rate setting can be distinguished as being either a matter of direct state intervention as being either a matter of direct Rate setting can be distinguished Roughly speaking, negotiations between rights body), or to be established through designated public ministry, (lawmaker, IT-industry). electronics, (consumer industries the and levies) the administering societies collecting (i.e. holders set by special bodies appointed by the government,acting as negotiation countries rates are in some Finally, lawmaker). platforms (and sometimes advising the The Survey reveals that Rate setting could differ considerably when comparing one jurisdiction to the other. to the other. when comparing one jurisdiction considerably that Rate setting could differ The Survey reveals scope of the private within the be levied or whether they are should products of which The determination upon by the legislator or the government. is sometimes a matter to be decided copying exception In other claims. A system on the basis of rights holders’ the scope of the compensation countries courts determine for responsible bodies appointed by the government special are is found in countries where variation third to advise appointed these special bodies are that can be levied, and the rates. Often selecting the products the governmentsubsequently sets the rates. who Rate setting 6 International Survey on Private Copying Law & Practice 2013 Figure 1: − − Countries withonlyapercentage ofimport/basepricehavebeenleftout. request arefund. Finally, somecountries likeFinlandortheNetherlandshavemultiplepossibilities: tobeexemptedupfront or the homecountry. Inthesecases,exportscanoftenberecuperated inthenextreport tothecollectingsociety. Some countries do not have a refund system in place; it is up to the exporter to report only the goods sold in market. made in his home country. In this way, the compensation system has less impact on the functioning of the reselling partytobuywithoutleviesfrom animporterifbothare registered. Thereseller onlyhastolevysales can havewiththeimporterand/orcollectingsociety. IntheNetherlands,forexample,itispossible fora proof oftheactualexport.Anotherpossibility isacontractualrelationship anexporter(oftenawholesaler) which islaterexported.Usuallytheexportercanrequest arefund from thecollectingsocietyifhecanshow in mostcountries.Different systems existforrefunding theleviesthathavealready beenpaidonaproduct been copiedinthatspecificcountryhavearighttobe remunerated. Forthis reason exportsare exempted The leviesare meanttocompensateforprivate copyinginacertaincountry;rightsownerswhoseworkshave 5.2 − Regarding thelimitstopaymentliability, thefollowingissueshavebeen identified: 5.1 5. − − − scenarios)? Who isliablewhenaconsumerbuysequipmentormediaonlinefrom aforeign seller (cross-border Does alevyapplywhenproducts are usedinaprofessional situation? What systemshouldbeapplied–ifanytorefund levieswhenproducts were exported? and exempted liability exempted and Exports Introduction Liability issues Average ratesperobjectineuros(N=17) International Survey on Private Copying 7 Law & Practice 2013 The Court ruled that the state that has 5 Countries Austria, Belgium, Denmark, Estonia, Finland, France, Hungary, Italy, Latvia, Lithuania, Italy, Estonia, Finland, France, Hungary, Austria, Belgium, Denmark, Russia, Switzerland Netherlands, Portugal, Sweden Greece, Japan, Slovakia, Germany, r., Canada, Croatia, Czech USA Poland, Romania, Turkey, Burkina Faso, Paraguay, To this day, court cases resulting from the Padawan case are going on in many European European going on in many the Padawan case are from court cases resulting this day, To 4 Models models Online sales and cross-border liability Professional use and reduced liability http://www.authorsocieties.eu/library/15/32/GESAC-complaint-against-spain-on-private-copying http://curia.europa.eu Upfront exemption No refund and/or exemption Exemption with refund a private copying exception in the law in conjunction with a levy system should ensure that the levy is paid. should ensure a private copying exception in the law in conjunction with a levy system copying private of system a introduced has which State the Member for is ‘[…] it judgment, to the According works, and on the of protected or importer of media for reproduction levies chargeable to the manufacturer of their work by purchasers territory of which the harm caused to authors by the use for private purposes to fair compensation intended the receive that those authors actually occurs, to ensure there who reside a of the buyer where of residence compensate them for that harm’. In this case the Dutch court – country in the seller of the levy from recovery system in place – was asked to ensure private copying compensation online cross-border from charging levies Other than in the Netherlands, collecting societies are Germany. in many countries. ongoing this issue are regarding sellers in France and Austria, and legal proceedings countries. 5 4 The key question here is whether in a case of distance selling in which the buyer is located in a country other is whether in a case of distance selling in which The key question here for member states of the European Of relevance party. the seller is to be seen as a liable than that of the seller, for other jurisdictions, is the judgment of the Court of Justice of Union in the first place, but also interesting Union in the so-called Thuiskopie-Opus case (2011). the European 5.4 The situation was changed dramatically by the European Court of Justice’s verdict in the Padawan-SGAE case verdict Court of Justice’s by the European The situation was changed dramatically the indiscriminate application of the to all types (October 21, 2010). The court ruled that which such equipment is acquired equipment, devices and media, including cases in of digital reproduction to private copying, is incompatible for purposes clearly unrelated by persons other than natural persons ‘Padawan’ has led to follow-up cases in national Copyright) Directive. with the 2001 Information Society (or In Spain the the ruling further. Court of Justice to clarify the European jurisdictions and new cases before leaving Spanish rights holders media and devices, of collecting through was an abolishment of a system result by the governmentwith an amount determined annually based on the harm caused to rights holders as rights holders have lodged a complaint with the European European a consequence of private copying. Commission. In some countries products sold to professional users are exempted from payment of the levy, or liable payment of the levy, from exempted users are to professional sold In some countries products use professional In the so-called mutualisation systems, however, parties would be entitled to a refund. rate to be paid over all deliveries of a low flat relatively in a reduced, was incorporated in the rate, resulting certain media or device. Without much higher the rate would have been this simple and practical approach, copying. In some countries, exempted liability and mutualisation coexist. destined for private for products A good example of reduced payment liability is to be found when imported or manufactured products are sold are products found when imported or manufactured payment liability is to be reduced A good example of to the used for purposes wholly unrelated to so-called professional users. Blank media and equipment can be manuals), (blueprints, software, data for the storage of professional private copying exception, for instance, sold in a commercial are Products a license would be required. where reproductions or for professional no private copying is taking place. where environment 5.3 Table 3: Table 8 International Survey on Private Copying Law & Practice 2013 − − provide informationinthisregard. is thatinsomecountriescostsare considered assensitiveinformation,resulting inacertainreluctance to The survey does not provide full information on the costs of collection and distribution. The reason for this artists) fordistributiontoindividualrightowners(distributingorganizations). of rightsholdersrepresenting thevariouscategoriesofrightsholders(authors,producers andperforming Distribution isoftenlayered: thesocietyresponsible forthecollectionallocatesmoniestoorganizations audio andvideo),Greece andSlovakia. to a more complicated scheme. Collection by multiple societies occurs in the Czech Republic, Japan (split for importers, manufacturers andotherliablepartiesare required toreport, distributiontakesplaceaccording While ontheonehandinalmostallcountriesSurveycollectionisconcentratedpointtowhich producers). such acollectingsocietyconsistsofthevariousrightsholders’representatives (authors,performingartists, rights holders. They must be representative of the whole variety of rights holders, and often the board of Private copyingremunerations areorby collectedbycollectingsocietiesappointedthegovernment 6.1 − This sectiondiscussesthefollowingissues: 6. the predominant usemadethereof byaconsumer. (and sometimesinteractive) is madeat the‘top’onbasisof the typeofmediaorequipmentlevied and for eachleviedproduct themonieswere received upon.Mostly, however, thesplitbetweenaudioandvideo of workscopiedonthevariousmedia.Somecountries (like Switzerland)haveadistributionschemeinplace Ideally thesplitbetweencategoriesofrightsowners shouldbebaseduponmarketresearch onthetype producers andperformingartists(actors,dancers). are tobefoundinmore categorieslikeauthors(directors, screenwriters, musicauthors,literaryauthors), Distribution to audio rights owners is split between authors, performers and producers. rights owners Video remunerationsAudio andVideo are splitandinmostcasestwodistribution schemes are introduced. In somecasestheresults havetobevalidatedorapproved bythegovernment. between thedifferent groups ofrightsholders. Where thedistributionschemeisamatterforrightsowners,shares are establishedinnegotiations organizations, orbylaw, ministerialdecree orotherstateintervention. distribution toindividualrightsholders,occursaccording toschemeseitherdeterminedbyrights holders’ Distribution todifferent categoriesofrightsholders,represented bycollectingsocietiesresponsible for 6.2 − − − Social andculturaldeductions Determination ofdistributionschemes Cost deductions Cost deductions Cost Distribution schemes Distribution A fewaspectsofdistribution International Survey on Private Copying 9 Law & Practice 2013 Average distribution scheme for distribution of video (N=20). distribution scheme for distribution Average Average distribution scheme for distribution of audio (N=21) for distribution distribution scheme Average Social and cultural deductions Often a separate fund is created to select the cultural events or projects that receive financial support. In that receive to select the cultural events or projects Often a separate fund is created and their vote is crucial in deciding members of the selection committees, many cases, rights holders are a decisive vote on how the funds to be funded and rights holders often have how the money is spent. Are the distributing organizations can spent. While it is not the collecting society that deducts cultural funds, are cases from differs approach This holders. rights of category specific their helping events or activities sponsor is determined by the government,Turkey. e.g. in which the destination of private copying remunerations In the majority of the participating countries, a percentage is deducted for social and cultural purposes, on is deducted In the majority of the participating countries, a percentage of young artists or to feed pension intended for the promotion average ~30%. These cultural funds are Cultural government bodies welcome funds for artists. In most cases the law determines these percentages. the position of rights holders. The of society and improving culture the the funds allocated to promoting for entirely used are levies where Turkey in applying only one last the 100%, to 10% from vary percentages cultural purposes by the Ministry of Culture. 6.3 More categories exist within the distribution of video which makes it difficult to draw any conclusions. In some categories exist within the distribution of video which makes it difficult More and allocated to producers, the share within represented are directors and scriptwriters cases (e.g. Croatia) the within also less consistency is There producers. with the distribution in share in other cases broadcasters Due to the amount cautiously. have to be interpreted distribution figures these average categories; therefore complex. each category of rights holders, the video distribution is more within shareholders of different Figure 3: The figure gives an indication of the average proportion of different categories of right owners. Although categories of right owners. of different the average proportion gives an indication of The figure categories of distribution the regarding similarity is there differ, countries individual in outcome and basis the 8%). In all cases the combined part destined for authors is higher (16 (the dispersion within categories is < So the distribution is not equally split, part destined for producers. times) or equal to (5 times 3x 1/3) the the remainder share producers Performers and in musical revenues. authors having often a larger share sometimes combined. bearing in mind that within distribution organizations these two are almost equally, Figure 2: 10 International Survey on Private Copying Law & Practice 2013 Table 4: age, asinGermanywhere pensionsforcreators receive substantialsumsfrom privatecopyingincome. thrive, asinFrancewhere thefinancialinputisconsiderable.Onother, artistsenjoymore securityinold valuable forrightsowners,alsobecauseofitsimpactonsocialconditions.Ontheonehand,artsandculture cultural diversity and growth withinthesector. Thiscollectiveaspectofprivatecopyingcompensation is very The fundsallocatedtothedevelopmentofartsandculturaleventsare substantial,contributingto Austria Belgium Canada Burkina Faso Finland Estonia Denmark Czech Republic Croatia France Germany Greece Italy Hungary Japan Romania Portugal Poland Paraguay Norway Netherlands Lithuania Latvia Turkey Switzerland Sweden Spain Slovakia Russia Ukraine USA* Country withsocialandculturalfunds Social andCulturaldeductions % Socialandculturalpurposes 35% audio 50% video 50% video 100% 50% 50% 10% 33% 30% 25% 10% 20% 10% 15% 25% 10% 20% 10% 20% 20% yes 0% ------Law Law –rightsowners - Law Law Rights owners Law - Law Law - Law rightsowners - Performing artists Law Rights ownersorganizations Law –authorsandartists Rights ownersorganizations Law authors Law Rights ownersorganizations Law Law –rightsowners - Law - - Determined by International Survey on Private Copying Law & Practice 2013 11 -3 % -2 % 25 % -28% -25% Trend Revenues 710,203,727.00 510,413,736.22 379,573,661.72 598,475,576.00 586,824,887.00 731,943,253.00 Total revenues of participating countries in Euros (mln) revenues of participating countries Total Total revenues of participating countries Total 2010 2011 2012 2007 2008 2009 Year Revenue trends Revenue Table 5: Table The downward trend started in 2010 with a decline of 3% compared to the total revenue of participating of participating to the total revenue a decline of 3% compared started in 2010 with trend The downward levies applicable to the new new several countries have introduced countries in 2009. Despite the fact that the Netherlands), the sum of total France and recently and more digital technologies (Italy and Belgium, dramatic is appears more the drop closely, more the revenues If we examine declined ever further. revenues lawsuits, several to due collecting with problems experienced Germany Spain. and Germany like countries in positive government.the by determined More currently are remunerations as dropped revenues Spain in and development is presented revenue Russia. An overview of the entire found in countries like developments are 6. in Table Figure 4: In the majority of the participating countries, revenues have been falling over the last few years. Consumer been falling over the last few years. have participating countries, revenues In the majority of the that make copying light of technological developments supports the assumption that, in the behavior research instead of declined. increased private copying has so much easier, 7. 12 International Survey on Private Copying Law & Practice 2013 Figure 5: Table 6: Spain Slovakia Russia Romania Portugal Poland Paraguay Netherlands Lithuania Latvia Japan Italy Hungary Greece Germany France Finland Denmark Czech Republic Croatia Canada Burkina Faso Belgium Austria Countries

Revenues percapita Revenues ofindividualcountries (revenues comparedto +1824% -100% + 30% -16 % +13% +60% +30% +52% +71% Delta 2011) -97% -49% -64% -15% -79% -10% -37% -12% -25% -24% -2 % 42% -5% -7% Revenues 2012 173,877,725 27,276,782 71,738,387 12,105,551 23,827,891 1,559,490 2,001,733 1,179,084 1,668,677 5,375,000 1,972,906 8,779,962 7,073,500 4,392,380 3,272,589 1,042,851 6,061,236 6,616,000 433,088 207,989 245,699 895,817 EUR 0 0 Population, total2012,source:www. data.worldbank.org/country 143,533,000 127,561,489 46,217,961 21,326,905 10,526,703 38,542,737 16,767,705 60,917,978 11,280,167 81,889,839 65,696,689 10,514,810 34,880,491 16,460,141 11,142,157 5,410,267 6,687,361 2,985,509 2,025,473 9,943,755 5,414,293 5,590,478 4,267,000 8,462,446 number Revenues per capita EUR 0.03 0.08 0.19 0.09 0.11 0.00 0.04 0.32 0.66 0.10 0.07 1.18 1.22 0.02 0.00 2.65 1.31 0.79 0.24 0.31 0.17 0.05 2.14 0.78 International Survey on Private Copying Law & Practice 2013 13 1.03 0.82 0.00 0.00 9,516,617 7,997,152 45,593,300 313,914,040 0 9,848,764 6,536,740 1,500,000 17% -24% -68% -35% Countries’ revenues 2012 Countries’ revenues Revenues per capita (continued) Revenues Sweden Switzerland Ukraine USA Table 6: Table Figure 6: 14 International Survey on Private Copying Law & Practice 2013 countries where thepaceofchangeisfartooslow, orwhere nochangeistakingplace. The result isthatrightsholdersare losingmoneywhilereproductions forpersonaluseare ontheincrease in more recent digitaltechnologiesinthecompensationsystem. compensation systeminparticular–doeshaveaneffect onthereadiness tochangetherules,andinclude Finally, thegeneralattitudetowards copyright–andcollectiveadministrationincludingtheprivatecopying considering measures toincludenewtechnologiesinthesystem. copying compensationschemesare notoverlypopular, andvoxpopuliisafactortotakeintoaccountwhen TV-show forlaterviewing). Theseandothercircumstances create aclimatewherein onecansaythatprivate platform shift(aswhenyoucopyyourmusictohaveitavailableinthecar)ortime-shifting(recording a There ispresumably astrong reluctance tobecharged–indirectly asitmay be–whencopyingtoenablea Copyright chargesare passedondirectly toconsumersthrough theprivatecopyingcompensation schemes. isenablingconsumerstobeheardThe internet inamannerwhichwasunthinkable10to15yearsago. compensation systems. almost non-existent,andproducers ofsmartphonesare atthefront ofthefightagainstexpansion ofthe enabling consumers to swap songlists easily. Nonetheless, general support for levies on smartphones is large amountsofsongs.Nottomentiontheeasyexchangebetweenmemorycards usedinthesedevices, multifunctionality. Smartphones,forinstance,are interaliasoldfortheircapabilityofrecording andstoring In addition,newdevicesmakepoliticianshesitanttosupportleviesbecauseofthedevices’ compensation ingeneral,andleviesontheirproducts inparticular. Also, keyplayersintheinformationtechnologyindustrymountaveryactiveoppositiontoprivatecopying products, andincomeisslidingdown. trailing compensationsystemsandprivatecopyingrealities. Legislationisbasedonlesspopularifnotobsolete new digitalcopyingtechnologies.Ontheonehand,legislationislaggingbehind,creating agapbetween It appearsthatcompensationsystemsare notadaptingfastenoughtotheshiftofconsumerpreference to and mobileusers. used inorder to examine theimpactandrelevance oflevies inrelation tothedevicesusedbyinternet implying adirect relation andmobilesubscriptionswith privatecopying.Thedatacanbe betweeninternet the numberofcitizensineach country, subscriptions. Dataispresented wealth,mobileandinternet without A benchmarkisexecutedtoprovide participating countrieswithknowledgeoftheirrevenues inrelation to 10. * C-463/12–CopydanBåndkopi * C-521/11-Amazon * C-457/11-VGWort * C-462/09–StichtingdeThuiskopieopusGMBH * C-467/08–PadawanSGAE 9. negotiations orameanstobroaden theknowledgeofthisspecificCopyrightandneighboringrightsissue. following thedevelopmentsinfieldofprivatecopying.ItishopedthatthisSurveywillbeausefultool creative content,thewillingnesstocompensaterightsownersfortheircreative efforts. Itisimportanttokeep rights ownerswhoseexclusivehavebeennarrowed. Ontheotherhand,weseeappreciation for arise abouttheregulations, thescopeofexceptionsandbestwaytoensure faircompensationfor digital environment. Insomecountriestheseadaptationsare acceptedmore easilythaninothers;discussions industry andrightsownersstruggletoadapttheglobalizationofuseprotected worksand tothe The privatecopyingcompensationsystemsintheworldare notalwaysunchallenged;weseegovernments, 8. Additional Benchmark Relevant Jurisprudence: Final words International Survey on Private Copying Law & Practice 2013 15 Revenues per capita, 15 years and older Revenues per Capita Revenues Figure 8: Figure 7: 16 International Survey on Private Copying Law & Practice 2013 Figure 9: Figure 10: Figures 10-11: Revenues percapita15yearsandolder, deviationfromaverage,unweighedforpopulation Revenues permobilesubscription Revenues inrelationtoonlineactivityandpurchasingpowerparity International Survey on Private Copying Law & Practice 2013 17 Revenues per user in relation to online and mobile activity Revenues per user in relation to online Revenues per fixed broadband subscriber Revenues per internet user Revenues Figure 12: Figures 12-14: Figure 11: 18 International Survey on Private Copying Law & Practice 2013 Figure 13: Figure 14: Revenues perinternetuser Revenues permobilesubscription International Survey on Private Copying Law & Practice 2013 19 Internet users 2011 coverage pop 15 years and older, pop 15 years and older, Internet users 2011 coverage source: www.data.worldbank.org/indicator Subscribers 2011 coverage pop Fixed broadband Internet 15 years and older, source: www.data.worldbank.org/indicator pop 15 yrs and Mobile cellular subscriptions 2011 coverage source: www.data.worldbank.org/indicator older, deviation older, Internet users 2011 coverage pop 15 years and from average coverage pop Fixed broadband Internet subscribers 2011 deviation from average 15 years and older, pop 15 years and Mobile cellular subscriptions 2011 coverage deviation from average older, Fixed broadband Internet Subscribers 2011 Fixed broadband Internet (per 100 people), source: www.data.worldbank.org/indicator people), Mobile cellular subscriptions 2011 (per 100 source: www.data.worldbank.org/indicator Internet users 2011, source: www.data.worldbank.org/ indicator Fixed broadband Internet Subscribers 2011, source: www.data.worldbank.org/indicator Mobile cellular subscriptions 2011, source: www.data.worldbank.org/indicator Internet users 2011 coverage, source: www.data.worldbank.org/indicator coverage, Fixed broadband Internet Subscribers 2011 source: www.data.worldbank.org/indicator Mobile cellular subscriptions 2011 coverage, source: www.data.worldbank.org/indicator Internet users 2011 (per 100 people), source: www.data. Internet users 2011 (per worldbank.org/indicator Website: http://www.cunninghamlindsey.nl http://www.cunninghamlindsey.nl Website: Gerard H. Koestering RA re ELAE RA re H. Koestering Gerard Company consultant Nederland Holding bv Cunningham Lindsey KE Rotterdam Postbus 23212, 3001 Calculation based upon Worldbank indicators 2011 and executed by 2011 and executed indicators based upon Worldbank Calculation 20 International Survey on Private Copying Law & Practice 2013 Contact Information 1. A marketresearch regarding totheuseofmediaishelpfulbutnotobligatory. of anarbitrationcourt. Levies are setinfree negotiations betweenrightsownersandtheChamberofCommerce, orbydetermination Rate setting the revenues totheparticipatingcompanies. Austro Mechanaadministratestherightsforcomposers,scriptwriters formusic,publishersanddistributes Justice. Austro Mechanahas a legalmonopoly, special authorisation, controlled by, and reporting to, theMinistry of Society Collecting when purchasing more than5,000hoursaudioor10,000 hoursvideocarriersinhalfayear. responsibility for reporting and payment may be transferred to the supplier. The reseller can also be liable, The manufacturer or the importer is responsible for payment at the time of the first distribution in Austria.The too –notondevices. The remuneration is collected through levies on the media – integrated memory, memory cards or hard disc equipment) are tobeusedbynaturalpersons. Copyright Act1980.Theexceptiondoesnotapplywhenthesource isillegalandthecarriers(mediaand/or basis Legal Legislation andfundamentalfacts Fax Phone City Postcode Address e-mail 2 Contact person Website Name organisation Population Currency Country AUSTRIA : +4317127136 : +43171787 : Wien : 1030 : Baumannstraße10 : [email protected] : PeterDienstl : www.aume.at : Austro Mechana : 8,440,465 : Euro : Austria International Survey on Private Copying Law & Practice 2013 21 VBK ( photographs) VGR VDFS (performing rights, directors) VGR (broadcast) Austro Mechana Literar Mechana LSG VAM (producer) LSG (neighbouring rights) Literar Mechana Austro Mechana (musical works) Austro 1.75% 1.00% 1.60% 20.98% 49.00% 48.40% 16.50%

Distribution scheme, video: Distribution scheme, 14.87% 13.63% 6.25% 26.02%

The percentage rates of the various media represent the results of a market study. the results rates of the various media represent The percentage Additional comments Video: 15.56% of CDR Revenues 54.96% of DVD Revenues 3.42% portable Audio (MP3)- / Video-Player Revenues 70.88% of HD-Recorder 18.71% of USB-Stick revenues. Audio: 84.44% of CDR Revenues 45.04% of DVD Revenues 96.58% of portable Audio (MP3)/Video player Revenues Revenues 29.12% of HD-Recorder 81.29% of USB Stick Revenues Distribution schemes for various media and devices Distribution scheme, audio: Distribution scheme, be determined, the latest being: rates have yet to New percentage Distribution schemes for rights owners. Setting of distribution schemes is a matter The first distributor in the Austrian Market is liable. If there are no consumer purchases, the external purchases, supplier no consumer are Market is liable. If there The first distributor in the Austrian is liable. Distribution Exports are exempted and a refund can be obtained by presenting the export invoice / documents. can be obtained by presenting exempted and a refund Exports are If material is not privately used – companies, public institutions and similar – no levy is due. This is in the law. This is in the law. and similar – no levy is due. used – companies, public institutions If material is not privately Austro Mechana is allowed to check the reports by General Contract. by General to check the reports Mechana is allowed Austro Collection process owners and the General Contract between rights stipulated in the payment are and Monthly reporting Chamber of Commerce. A market research regarding to the use of the media is helpful but not obligatory. to the use of the media regarding A market research Levies are set in free negotiations between rights owners and the Chamber of Commerce or by determination or by determination Chamber of Commerce owners and the between rights negotiations in free set Levies are of an arbitration court. 22 International Survey on Private Copying Law & Practice 2013 the courtalsointerruptedlawsuitinsecondinstance.TheEUCourtdecisionseemstobepositive. decision oftheEUCourtinAmazoncase,lawsuithasbeeninterrupted.Asregards mobilephones, The current case regarding computer hard discs is still pending judgement by the Supreme Court. Due to the Legal developments There isalegalexemptionforprofessional use. Professional uses Deductions forsocialandculturalpurposesare stipulatedbylaw. SKEFundisresponsible forthedistribution. 50% isdeductedforcollective(socialand/orcultural)purposesbefore distribution. Social andculturalfunds,collectivepurposes Table 7: Remunerations /Levies MP3 /MP4-Player MP3 Audio-Player BR DVD DL DVD-RAM DVD-R/-RW DVD+R/+RW Videocassette MP3-Player) Memory Cards(Onlyincombinationwith CD-R/-RW Data CD-R/-RW Audio Minidisc Audiocassette Tariffs, Austria Devices Audio € 10.00 € 9.00 € 8.00 € 7.00 € 6.00 € 3.50 € 2.50 € 1.50 € 9.00 € 5.25 € 2.50 € 1.50 € 1.91 € 0.72 € 0.36 € 0.36 € 0.36 € 0.18 € 9.00 € 5.25 € 2.50 € 1.50 € 0.24 € 0.24 € 0.24 € 0.12 Tariff Tariff Video < 30GB < 4GB < 1GB < 512MB < 160GBandmore < 120GB < 90GB < 60GB < 30GB < 4GB < 1GB < 512MB 640 minutes/25GB 240 minutes/8.5GB 120 minutes/4.7GB 120 minutes/4.7GB 120 minutes/4.7GB 60 minutes 4 –30GB 1 –4GB 512 MB–1GB < 512MB 80 minutes/700MB 80 minutes/700MB 80 minutes 60 minutes Capacity Capacity International Survey on Private Copying Law & Practice 2013 23 2012 (€) 33,000.00 79,000.00 921,000.00 176,000.00 517,000.00 517,000.00 1,290,000.00 2,323,000.00 2,065,000.00 1,535,000.00 3,776,000.00 < 250 GB < 500 GB < 750 GB < 1 TB and more < 1 GB < 4 GB < 8 GB < 16 GB < 32 GB and more < 80 GB < 160 GB < 250 GB < 400 GB < 600 GB and more 2011 (€) 58,000.00 96,000.00 203,000.00 463,000.00 463,000.00 1,900,000.00 1,163,000.00 3,217,000.00 2,904,000.00 1,140,000.00 4,247,000.00 € 0.10 € 0.20 € 0.20 € 0.40 € 0.50 € 6.00 € 10.00 € 12.00 € 15.00 € 20.00 € 17.10 € 19.40 € 22.50 € 24.30 Video Revenues Video Device Revenues Consumer electronics 2010 (€) 77,000.00 148,000.00 340,000.00 299,000.00 299,000.00 2,855,000.00 1,392,000.00 4,472,000.00 3,774,000.00 1,022,000.00 5,136,000.00 Tariffs, Austria (continued) Tariffs, Revenues, Austria Audio Revenues USB-Stick (DVD-Recorder, Sat-Receiver) (DVD-Recorder, Ext. Multimedia Hard disc with recording function Hard disc-Receiver Audiocassette CD-R/RW Audio CD-R/RW Data MP3-Player Total ‘Audio’ Total Videocassettes DVD (all types) Hard Disc Recorder Total ‘Video’ Total USB Stick Total ‘Devices’ Total Table 7: Table Additional Information In the data sheet for the 2013 January to October. on the period from extrapolated based are the 2011 revenues In the 2012 Survey, are included. from 2011 the final figures Survey, Table 8: Table Additional Comments: the device. disc, not on The levy is on the integrated memory / hard 24 International Survey on Private Copying Law & Practice 2013 Contact Information 2. holders’ organisations. Auvibel isalsoresponsible fordistributiontorightsholders.Theremuneration is distributedthrough rights remunerations. The administrativecostsare 4.40%(2011)=Costsincurred through boththecollectionanddistributionof distribution oftheleviesfor privatecopying. owners andhasalegalmonopoly. RoyalDecree ofJanuary21,1997appointed Auvibelforthecollectionand Auvibel isresponsible forthecollectionand distributionofprivatecopyingremunerations forallrights Society Collecting purchasers, foreign web-shopsare liableforpayment. Remuneration iscollectedthrough levieson mediaand/orequipment.Manufacturers, importers,intraEU- the source isillegal. Private useisdefinedasthewithin,and reserved to,thefamilycircle. Theexceptiondoesnotapplywhen 3. 2. 1. basis Legal Legislation andfundamentalfacts Fax Phone City Postcode Address e-mail 2 e-mail 1 Contact person2 Contact person1 Website Name organisation Population Currency Country copying. (As of1December2013)RoyalDecree of18October2013ontherighttoremuneration forprivate artists andproducers ofphonogramsandaudiovisualworks. Royal Decree ofMarch 28,1996aboutprivatecopyremuneration forauthors/composers, performing Law ofJune30,1994aboutauthors’rightsandneighbouringrights. BELGIUM : (+32)026500958 : (+32)026500950 : Brussels : 1000 : Havenlaan86c201a/Avenue duPort86c201a : [email protected] : [email protected] : Maro Schrauwen : FrançoisStroobant (ManagingDirector) : www.auvibel.be : Auvibel : 10,839,905(01/01/2010) : Euro : Belgium International Survey on Private Copying Law & Practice 2013 25 of the th of the month th of the month following the first sale. in 1996) and DVD-R-CAM, DVD-RAM CAM and DVD for authoring as well (typical professional use). professional (typical well as for authoring and DVD CAM DVD-RAM DVD-R-CAM, 1996) and € in th Retailers pay the remuneration for private copying within 15 days. for private Retailers pay the remuneration Manufacturers and wholesalers pay the remuneration for private copying within 60 days. remuneration and wholesalers pay the Manufacturers following the first sale. For the importer and EU-purchaser who are listed as purchaser, declaration is due before the 20 declaration is due before listed as purchaser, who are For the importer and EU-purchaser Market control declaration by auditing the reporting checks on the Part of the mission of Auvibel is to undertake regular parties. and the accounting of the legally responsible process The liable party before due is declaration wholesalers, as listed are who purchasers intra-EU and importers manufacturers, For is obligedthe 20 to send a declaration to Auvibel each month. Collection process Obligation to report Up until now, there has been a general agreement on the exemption of computers (in fact, the tariff was set the tariff (in fact, of computers on the exemption general agreement has been a there Up until now, 0.00 to other exempted media/equipment for which rights owners claim compensation, on the is no agreement There deny responsibility. and importers or manufacturers No consumers or buyers are exempt from paying the levies but certain products are. Computers, servers, Blu are. paying the levies but certain products from exempt No consumers or buyers are consoles with internalRay discs, tablets, pocket PCs, game HDD. DVD-R-CAM, DVD-RAM CAM and DVD for exempted. authoring are For media and equipment that are subject to levies, limited categories of professional users are designated users are subject to levies, limited categories of professional For media and equipment that are by law to be refunded. As for the remaining media and equipment that are subject to the levy for private copying, professional for private copying, professional subject to the levy media and equipment that are As for the remaining of ‘use as private copy’ for each media/equipment. a percentage use is taken into account by calculating taken as used for private copying is The percentage contrario’ percentage. use is part of the ‘a Professional use. (the levy), thus excluding professional the basis for the level of remuneration Media and equipment that are clearly professional are not selected to be subject to levies. not selected to be subject are clearly professional Media and equipment that are In this study we only focus on copies obtained after a purchase, download, broadcast or any other way of way other any or broadcast download, purchase, a after obtained on copies focus only we study this In by copyright. acquiring a work protected Professional use Furthermore, a study of the copying behaviour of consumers is being conducted in order to determine the determine to order in conducted being is consumers of behaviour copying the of study a Furthermore, works and performances for private use of reproduction clearly being used for the that are devices and media than paper or similar media. on any medium other Levies are based on market analysis. Monthly sales report: units, price per unit, total value of the market. units, price analysis. Monthly sales report: based on market Levies are Levies are set by the Belgian Federal Government/Ministry set by the Private Copy of Economy on the advice of Levies are and rights holders. consumers, distribution all stakeholders: industry, Commission regrouping Rate setting For the foreign web-shops selling to Belgian web users, declaration is due before the 20 web users, declaration is due before web-shops selling to Belgian For the foreign month following the first purchase. 26 International Survey on Private Copying Law & Practice 2013 importing thoseproducts intoBelgium,whichisalsopresented inthegeneralconditionsofsalethereof.’ expressly at Belgiancustomers, makes specificadvertising, takestheinitiativeofandbears responsibility for ‘Anyone whooffers products liablefortheremuneration forprivacycopyviaa website andwhothereby aims regardWith toe-commerce, theBelgiancourthaspronounced asfollowsonthismatter: from acountrythatismemberoftheEuropean Union. and blankmediaontheBelgianmarketwhichare subjecttothelevyforprivatecopyingandwhichcome is not a member of the European Union. It describes the intra-EU purchaser as someone who provides devices on theBelgianmarketwhichare subjecttothelevyforprivatecopyingandwhichcomefrom acountrythat The RoyalDecree ofMarch 28,1996definestheimporterassomeonewhoprovides devicesand blankmedia Importer exported abroad. Previous paymenttoAuvibelisrequired foranyrefund. the liablegoodsandeveryotherdocumentthatprovides reasonable evidencethatthegoodswere effectively sales in foreign countries. The following documents are requested by Auvibel: purchase and sales invoices of For retailers, article4oftheRoyalDecree ofMarch 28,1996imposesreimbursement of thelevyforexportor starts onlyuponthefirstsaleinBelgium. Exports are exemptedbylaw. Exportsfrom wholesalersormanufacturers are exemptedastheirresponsibility Exports submitted to government forapproval.submitted togovernment Theapproved rules are thenappliedbytherightsholders. Then eachcategoryofrights holdersforeachcategoryofworkssetsupitsowndistribution rules,whichare and 1/3forperformingartists. distribute thetwoamountsamongrespective colleges–i.e., 1/3forauthors/composers,producers Once thefinalshare ofaudioandaudiovisualworksisdefined, thelegalallocationformulaisappliedto studies and/orbycomparisonwithneighbouringcountries ifthesedataare available. products, and,whenitcomestomultimedia products, according toanallocationkeydeterminedbyBelgian video. Thisdistributionoccursaccording to a keybasedontheactualcollectionaudioandaudiovisual First, thetotalamounttobepaidBoards bytheGeneralAssemblywillbedividedbetweenaudioand schemes Distribution Auvibel distributestheremuneration onayearlybasistowards: Distribution (As of1December2013)Board ofpublishersliteraryandphotographic works (As of1December2013)Board ofauthorsliteraryandphotographicworks Board ofPerformingArtistsworksrecorded onanaudiovisualmedium(PLAYRIGHT) Board ofproducers ofworksrecorded onanaudiovisualmedium(BAVP, IMAGIA,PROCIBEL) JAM, SOFAM) Board ofauthors/composersworksrecorded onanaudiovisualmedium(SABAM,SACD/SCAM,SAJ/ Board ofPerformingArtistsworksrecorded onasoundmedium(PLAYRIGHT) Board ofProducers ofworksrecorded onasoundmedium(SIMIM,PROCIBEL) Board ofauthors/composersworksrecorded onasoundmedium(SABAM,SACD/SCAM,SAJ/JAM) International Survey on Private Copying Law & Practice 2013 27 The Royal Decree of 18 October 2013 introduced a last modification by inserting a new chapter on the introduced of 18 October 2013 The Royal Decree the company and the organizations representing the management analysis of the Belgian market. Each year, private on Commission the within represented are who remuneration, the of payment the for liable persons copying, will have to perform an analysis of the Belgian market. Furthermore, the Royal Decree brings into force articles 5c and 6 to 10 of the Law of 31 December 2012 into force brings the Royal Decree Furthermore, extend the scope of the remuneration to justice, which in particular relating containing various provisions, specifically the authors and publishers of for private copying to new works and to new beneficiaries, more literary and photographic works. Firstly, the current rates of media (i.e. USB sticks, memory cards and external hard drives) are reduced as a reduced drives) are and external hard cards rates of media (i.e. USB sticks, memory the current Firstly, the tablet. is introduced: capacity bracket, and a new product of an extension of the lowest result This Royal Decree repeals completely the Royal Decree of 28 March 1996, which was applicable up until now, 1996, which was applicable up until now, of 28 March completely the Royal Decree repeals This Royal Decree level of perceptions. Auvibel maintains its current changes to ensure several tariff and introduces Legal developments for private copying of 18 October 2013 on the right to remuneration On 24 October 2013, the Royal Decree Journal.was published in the Belgian Official Social and cultural funds collective purposes Social and cultural funds collective purposes no deduction for collective (social and/or cultural) purposes. is currently There Distribution scheme, video: Distribution scheme, For 2005: 59.21% For 2006: 59.12% For 2007: 59.99% For 2008: 59.64% For 2009: 56.41% For 2010: 53.67% For 2011: 57.00% For 2012: 56.50% Distribution scheme, audio: scheme, Distribution For 2005: 40.79% For 2006: 40.88% For 2007: 40.01% For 2008: 40.36% For 2009: 43.59% For 2010: 46.33% For 2011: 43.00% For 2012: 43.50% 28 International Survey on Private Copying Law & Practice 2013 Table 9: Remunerations /Levies generally knownasmicro-systems, mini-systems,midi-systems, radio-recorders andTV-video combinations. consist ofvariouselementsthatare soldonly asasingleproduct (elementbase).Theseare devicesthatare works, and which is sold only as a single product. Integrated systems are made in one piece (block base) or of reading onlymediadifferent from thoseusedforthereproduction functionofsoundandaudiovisual works withatleastareception functionforsoundoraudiovisual works,orafunctionthatoffers thepossibility The term‘integratedsystem’refers toasystem thatcombinesareproduction functionforsoundoraudiovisual device’ ‘Integrated DVD CD-R/RW data CD-R/RW audio Minidisc Video cassetteanalogue Audio cassetteDAT Audio cassetteanalogue Memory cardandUSBstick External harddiskdrive disks Home deviceswithintegratedhard integrated, withoutinternalsupport Recording devices,possibly tablets with MP3and/orMP4function MP3 player, MP4player, Mobilephone Tariffs, Belgium Hardware, PC,HDD Blank Media Devices More than16GB More than4GBto16GB From 0to4GB Tariff validfrom from 2010-02-01 Optical storagemedia 2010-02-01 Tariff valid Mobile Phones € 13.00 € 10.75 € 0.40 € 0.12 € 0.12 € 0.12 € 0.40 € 0.12 € 0.12 € 9.00 € 6.75 € 1.30 € 3.30 € 2.00 € 3.00 € 2.50 € 1.00 Flash Media More than1TB More than500GBto1TB From 0to500GB More than1TB More than256GBto1TB From 0to256GB More than16GB More than2GBto16GB From 0to2GB Capacity Capacity € 1.35 € 0.50 € 0.15 International Survey on Private Copying Law & Practice 2013 29 2012 (€) 2012 (€) € 118,295.40 € 136,005.15 € 154,378.10 € 171,711.14 € 5,502,101.15 € 8,790,683.30 € 2,951,429.55 € 2,426,847.25 € 2,386,081.48 € 1,190,358.08 € 23,827,890.60 2011 (€) 2011 (€) € 111,287.60 € 150,377.65 € 182,173.50 € 133,145.84 € 5,082,168.60 € 6,814,492.53 € 4,766,060.49 € 1,924,495.70 € 3,421,107.15 € 1,667,104.24 € 24,252,413.30 2010 (€) 2010 (€) 21,985,492.71 € 125,575.87 € 377,722.05 € 249,019.41 € 103,646.17 € 4,437,299.50 € 4,327,779.19 € 3,868,096.55 € 1,418,299.30 € 4,747,153.67 € 2,330,901.00 € Flash Media Mobile Phones Blank Media Devices, Hardware, PC, HDD Revenues, Belgium TOTAL MP3 player, MP4 player, Mobile phone with MP3 and/or MP4 function MP4 player, MP3 player, Devices video Devices audio Multimedia center External and USB stick DVD CD-R/RW data Media video Media audio Table 10: Table Revenues 30 International Survey on Private Copying Law & Practice 2013 Contact Information 3. are inchargeofcollecting. Nocontrol market. ontheinternal Payment isdueonimportation. Theimporteristhepersonwhointroduces theproduct intothecountry. Collection process Levies/remuneration are determinedbylaw. Professional useistakenintoaccount,anupfront exemption. Rate setting Organisation: remunerations collected. Management The Administrativecostsforcollectinganddistribution ofprivatecopyingremunerations is10%ofthe Collective or Bureau BurkinabèduDroit d’Auteur(BBDA)isappointed bylaw. Society Collecting Loi 032/AN of December 22 basis Legal Legislation andfundamentalfacts Remunerations are collectedthrough alevysystem.Importersare liableforpayment. to lawisvalid. Currency Country Phone City Postcode Address e-mail 2 e-mail 1 Contact person2 Contact person1 Website Name organisation Population BURKINA FASO nd , 1999. Importers are liable for payment. The definition of private copy according : FCFA : BURKINAFASO : +(226)50302223 : Ouagadougou : 01BP3926 : Sissect.4,au22,rue4.55villadelaVictoire : [email protected] : [email protected] : SolangeDAO : AdamaSAGON : www.bbda.bf : Bureau BurkinabèduDroit d’Auteur(BBDA) : 16,241,811 (2005) (June 24 € 1.00=650FCFA th , 2013) International Survey on Private Copying Law & Practice 2013 31 2012 582,281,013 FCFA 2011 768,099,294 FCFA 2010 445,979,450 FCFA Revenues, Burkina Faso TOTAL Revenues 11: Table The levy is 10% of the CIF regardless of the type of product. The list of products is updated regularly. is updated The list of products of the type of product. The levy is 10% of the CIF regardless Remunerations / Levies Discussions with the group of professional of information and communication technologies have resulted of information and communication technologies have resulted of professional Discussions with the group of copyrighted works, and does not include devices for recording in an exemption of mobile phones, which for private copying on devices whose cost does not exceed 20,000 of 5% of the remuneration a reduction FCFA. Other developments; disputes/court cases regarding the system, certain products, professional use or other Other developments; disputes/court system: issues relating to the private copying The social fund is meant mainly for health, deaths and happy events. The social fund is meant mainly for health, this in the digital environment; its law to include the use of works of revising Burkina Faso is in the process by of international and conventions ratified with the provisions treaties consistent will make the law more the country. Funds are allocated for all types of cultural productions. Funds are Legal developments In 2012, 125 million CFA were dedicated to the social and cultural Fund were In 2012, 125 million CFA The Comité de Gestion du Fonds de Promotion Culturelle (Management Committee of the Fund for Cultural for Fund the of Committee (Management Culturelle Promotion de Fonds du Gestion de Comité The for the allocation of funds. is responsible Promotion), Social and cultural funds, collective purposes Social and cultural of 50% for the National Fund for Cultural Promotion. is a social and/or cultural deduction There Distribution scheme, audio: authors 50%; performers 25%; producers 25% performers 25%; 50%; authors audio: Distribution scheme, producers and performers 50% 50%; authors video: Distribution scheme, Distribution schemes: set by law. Schemes are Bureau Burkinabè du Droit d’Auteur (BBDA) distributes the collected remunerations on a yearly basis directly basis directly on a yearly the collected remunerations d’Auteur (BBDA) distributes du Droit Burkinabè Bureau rights holders. music, audiovisual and dramatic holders. These are to individual rights Distribution The revenues shown above are the total remunerations collected yearly. 32 International Survey on Private Copying Law & Practice 2013 The privatecopying levyappliestoblank CD-R, CD-RW, Audio. CD-R AudioandCD-RW (d) (c) (b) Contact Information 4. (a) for thepurposeofdoinganyfollowing: the copyright in the musical work, the performer’s performance, or the sound recording if the copy is made Pursuant tosection80(2)oftheCopyrightAct,act ofmakingacopydoesconstituteaninfringement work, theperformer’s performanceorthesoundrecording. use ofthepersonwhomakescopydoesnotconstitute aninfringementofthecopyrightinmusical Pursuant tosection80oftheCopyrightAct,acopymade ontoanaudiorecording mediumfortheprivate The privatecopyinglevyispayableregardless ofwhetherthesource copyislegally orillegallyobtained. and theamountofleviespayableduringtariff periods. Private Copying Tariffs determining which blank audio recording media are subject to the payment of levies Since December1999,inaccordance withsection83oftheCopyrightAct,Board hascertified Copyright ActofCanadaasamendedin1997. basis: Legal Legislation andfundamentalfacts Fax Phone City Postcode Address e-mail 2 e-mail 1 Contact person2 Contact person1 Website Name organisation Population Currency Country performing orcausingtobe performed,inpublic. communicating tothepublic bytelecommunication;or distributing, whetherornot forthepurposeoftrade; selling orrenting out,orbywayof exposingoroffering forsaleorrental; CANADA : +14164863064 : +14164866832 :Toronto, Ontario : M4P1E8 : 150EglintonAvenue East,Suite403 : [email protected] : [email protected] : LaurieGelbloom,GeneralCounsel : AnnaBucci,ExecutiveDirector : www.cpcc.ca : CanadianPrivateCopyingCollective(‘CPCC’) : 34,880,550 : CAD : Canada as ofJune11,2013 € 1.00=1.3567 International Survey on Private Copying Law & Practice 2013 33 Market control: and importers to of manufacturers the CPCC may audit the records Pursuant to the Private Copying Tariffs, and payments submitted to the CPCC. Manufacturers verify the accuracy and completeness of the reports Collection process media are recording blank audio of importers and manufacturers Tariffs, Copying Private to the Pursuant or importer who paid payments on a bi-monthly basis. Any manufacturer and levy to submit reports required payments bi-annually after having six-month period may choose to make less than $2,000 in the previous notified the CPCC. The Copyright Board determines the media that is ordinarily used to copy music after considering evidence after considering music to copy used ordinarily that is the media determines Board The Copyright hearings. submitted by the CPCC and other parties at the Tariff The levy is not payable on blank audio recording media sold to associations that represent persons with a media sold to associations that represent The levy is not payable on blank audio recording disability. perceptual Companies may register in the CPCC’s Zero-Rating programme by entering into agreements with the CPCC. by entering into agreements programme Zero-Rating in the CPCC’s Companies may register of the fact that companies and is run voluntarily by the CPCC in recognition programme The Zero-Rating allows companies programme organizations use leviable blank media for their business purposes. The authorized sellers. from media at a ‘zero-rate’ and/or sell blank audio recording in it to purchase registered Professional use: used for private copying. The media that is ordinarily audio recording The private copying levy applies to blank that the media is used for other purposes rate of the levy to reflect applies a discount to the Copyright Board use. such as and professional In 2011, distribution expenses were 1.64% of revenue. 1.64% of revenue. In 2011, distribution expenses were Rate setting sets the levy rate after considering evidence submitted by the CPCC and of Canada The Copyright Board Network Inc. to conduct monthly surveys hearings. The CPCC has commissioned Circum other parties at Tariff copying of music in Canada. that collect information about the private The CPCC’s member collectives submit claims to the CPCC for the rights holders that they represent. The that they represent. member collectives submit claims to the CPCC for the rights holders The CPCC’s collectives which then pass them on the rights holders. CPCC distributes the levies to its member The Copyright Board of Canada sets the percentage allocated to each rights holder group after considering after considering allocated to each rights holder group the percentage of Canada sets The Copyright Board hearings. evidence submitted by the CPCC at Tariff From 2000 to 2011, on average, the CPCC has retained 12.11% of revenue for expenses. 12.11% of revenue the CPCC has retained 2000 to 2011, on average, From Distribution: The CPCC is a non-profit corporation and only withholds those funds necessary to defray its costs of costs its defray to necessary funds those withholds only and corporation non-profit a is CPCC The administration. The CPCC is a non-profit corporation that represents songwriters, recording artists, music publishers and artists, recording songwriters, represents corporation that The CPCC is a non-profit to collect been mandated by its member collectives its member collectives. It has through companies record body by the also been designated as the collecting copying levies. The CPCC has and distribute private Act. to subsection 83(8) of the Copyright pursuant Copyright Board Canadian Private Copying Collective. Canadian Private Copying Collecting Society: The levy is payable by manufacturers or importers of blank media upon first sale or disposition in Canada. sale or disposition media upon first or importers of blank payable by manufacturers The levy is 34 International Survey on Private Copying Law & Practice 2013 selling blankmediawithoutpaymentoftheprivatecopyinglevies. The CPCCisinlitigationagainstanumberofcompanieswhomthehasallegedare importingand information required undertheTariff, foraperiodofsixyears. and importers must keep records, from which the CPCC can readily ascertain the amounts payable and the CPCC atTariff hearings. The CopyrightBoard ofCanadasetsthedistributionschemeafterconsideringevidencesubmitted bythe The CPCC’s membercollectivesrepresent eligibleperformers,makers,authorsandpublishers. member collectives. The CPCCdistributesthelevytoCPCC’s membercollectivesuponreceipt ofclaimssubmittedbythe The CPCC’s membercollectivesdistributethelevytorightsholdersthattheyrepresent. Distribution No levyispayableonblankaudiorecording mediathatisexported. Exports 2008-2009 Tariff. The CopyrightBoard heldthat it couldhearevidence relating to thisproposal. Thedecision February 2007, the CPCC applied to the Copyright Board for a levy on digital audio recorders in its proposed Canada. InJuly2005,theSupreme CourtofCanadadeniedtheCPCC’s applicationfor leavetoappeal.In the CopyrightBoard wasinvalid.The CPCCsoughtleavetoappealthisdecisionthe Supreme Courtof representing retailers, and inDecember2004,theFederal Court of Appealruledthatthe tariff approved by audio recorders. Thisdecision wasappealedbyhardware andsoftware manufacturers aswellagroup In December2003,theCopyright Board certifiedalevyonthememory permanentlyembeddedindigital issues relatingtotheprivatecopyingsystem Other developments;disputes/courtcasesregardingthe system,certainproducts,professionaluseorother Tariff untiltheBoard hascertifiedatariff for2012and2013. On December19,2011,theCopyrightBoard issuedanInterim2012-2013Tariff whichextendedthe2011 period January1,2012toOctober18,2012. Copyright Board will be proceeding with ahearing with regards to microSD electronic memory cards forthe not issuedadecisionregarding thelevyonblankCD-R media.Adecisionisalsopendingonwhetherthe memory cards from theprivatecopying levyeffective asofOctober18,2012.TheCopyrightBoard has ofCanadapublishedaregulationOn November7,2012,thegovernment exemptingmicroSD electronic Audio at the currentCD-R Audio and CD-RW rate and proposed a levy on microSD electronic memory cards. In March 2011,theCPCCfiled aproposed Tariff for2012-2014whichmaintainedthe levyonCD-R, CD-RW, Legal developments There isnosocialand/orculturaldeduction. Social andculturalfunds,collectivepurposes None Distribution scheme, video: 18.0% 23.8% 58.2% Distribution scheme, audio: schemes: Distribution

– Re:SoundMusicLicensingCompany(EligibleMakers). – Re:SoundMusicLicensingCompany(EligiblePerformers);and – Composers andPublisher); SOCAN (Composers,AuthorsandMusicPublishers),CMRRA(Publishers)SODRAC(Authors, International Survey on Private Copying Law & Practice 2013 35 Capacity 53.65 2012 (€) 288,201.26 (Not Final) 5,772,981.18 6,061,236.09 Per unit Per unit 2011 (€) 446,903.53 7,600,223.18 8,047,126.71 Tariff valid from… [date] Tariff 485.32 4,384.12 2010 (€) 757,815.43 11,067,880.84 11,830,565.71 Pursuant to the Interim Private Copying Tariff 2012-2013 – € 0.21 Pursuant to the Interim Private Copying Tariff 2012-2103 – € 0.21 Pursuant to the Interim Private Copying Tariff Revenues, Canada Tariffs, Canada Tariffs, Blank Media Blank Media CD-R/RW Audio CD-R/RW CD-R/CD-RW CD-RA/CD-RWA Tape Mini Disc Blank Media Total Revenues 13: Table Remunerations / Levies 12: Table On June 29, 2012 the Copyright Modernization Act received royal assent and on November 7, 2012 a assent and on November royal the Copyright ModernizationOn June 29, 2012 Act received Modernization The Copyright Act, Act amends the Copyright into force. was brought majority of the Act for private purposes a musical work reproduce an infringement of copyright if individuals such that it is not did not circumvent to make the reproduction, order obtained and if the individual, in if the work was legally made onto an not apply to copies of musical works This exception does measure. a technological protection recording ‘audio the Copyright Act. Section 79 defines as defined in section 79 of medium’ ‘audio recording may be recording its material form, onto which a sound of medium, regardless medium as a recording any excluding purpose, that for individual consumers by used ordinarily kind a of is that and reproduced media meet the has ruled that blank CD-R Board medium.’ The Copyright of recording kind prescribed in the Copyright Act. media stipulated criteria of audio recording of the Copyright Board was appealed, and in January 2008, the Federal Court of Appeal ruled that the of Appeal ruled the Federal Court in January 2008, was appealed, and Board of the Copyright recorders. private copying levy on digital audio not hear evidence in support of a could Copyright Board 36 International Survey on Private Copying Law & Practice 2013 importer orretailer. equipment. Duetothefactthatwedonothaveproducers inCroatia, theresponsible partycanonlybethe in retail sale,orwholesaledistribution.The responsible partyistheimporterorproducer ofmediaor Importers, manufacturers, tradersorothersare liableatthetimeofdistribution–firstsellingtoconsumer Remuneration isleviedonmediaandequipment. in theprivatesphere, inacircle ofpeoplethatare insomewaypersonallyconnected totheconsumer. matter ifreproduction wasmadeinananalogueordigitalenvironment. Private use impliesusage/exploitation Definition ofprivateuse: reproduction madeonlyforanaturalperson,non-commercial, privateuse,no Contact Information 5. music authors’rights. HDS ZAMPisappointedby lawandcollectsforallrightholders,butisresponsible fordistributiononly (publishers ofliteraryworks), DHK(authorsofliteraryworks). HDS ZAMPcollectsforHUZIP (performers),ZAPRAF(phonogramproducers), DHFR(audiovisualrights),ZANA Society: Collecting 79/07. Implementationstartedon1 Provisions of the Articles 32 and 82 of Croatian Copyright Law, Official Gazeta Narodne Novine no.167/03; basis: Legal Legislation andfundamentalfacts Fax Phone City Postcode Address e-mail 2 e-mail 1 Contact person2 Contact person1 Website Name organisation Population Currency Country CROATIA : +38516387001 : +38516387000 : ZAGREB : 10000Zagreb : Heinzelova62a : [email protected] : [email protected] : NenadMarcec, GeneralDirector : KatarinaMatanovacFuric,HeadofMechanicalRights : www.zamp.hr : HDSZAMP : 4,437,460 : kuna(kn) : CROATIA st ofJanuary2007. € 1,00=7.46kn International Survey on Private Copying Law & Practice 2013 37 Deduction on collected remunerations is made for cultural and social needs of right holders, and amounts to is Deduction on collected remunerations 30% for music right holders. It was mandated by law. Social and cultural funds, collective purposes Distribution scheme, video: Distribution scheme, – 70% DHFR – movie co-authors and movie producers HUZIP – performers – 30% Distribution scheme, audio: Distribution scheme, HDS – authors of music – 39.67% HUZIP – performers – 29.67% – 29.67% ZAPRAF – phonogram producers ZANA – publishers of literary works – 1% DHK – authors of literary works – 1% Distribution schemes: determined with a mutual agreement. They are The current definition of importer was changed on July 1, 2013 when Croatia joined the EU. joined definition of importer was changed on July 1, 2013 when Croatia The current DHFR (phonogram producers), HDS ZAMP (music rights) is collecting for HUZIP (performers), ZAPRAF of literary works). (audiovisual rights), ZANA (publishers of literary works), and DHK (authors The legal subject is responsible for the first entrance of goods into Croatian territory. for the first entrance of goods into Croatian The legal subject is responsible Distribution quarterly rights holders organisations, distribution is made every half year, with Depending on the agreement or monthly. Export is exempted in quarterly reports. Documentation acknowledging that is needed. Documentation Export is exempted in quarterly reports. We have a control mechanism operated by a customs service and retail stores. mechanism operated by a customs service and retail have a control We Remuneration is paid on a sale basis. Remuneration is paid on a sale basis. Specific products not falling within the scope of the private copying system are those not meant for private the scope of the private copying system are not falling within Specific products for pictures. use, e.g. Betacam, and XD card Collection process Exemption is determined by Copyright law, and it applies to for ephemeral recordings used in broadcasting, used in broadcasting, to for ephemeral recordings and it applies law, Exemption is determined by Copyright public archives, libraries, courts or other administrative procedures, and to certain institutions (public activities. do not have any commercial educational or social institutions) if they Professional use (copies not made for private purposes or other uses) is taken into account in determining the or other uses) is taken into account (copies not made for private purposes use Professional is no exemption. is due since there No refund by lowering its level. tariff Criteria that are taken into account for determining the levies are copying behaviour of consumers and the copying behaviour of consumers are into account for determining the levies taken Criteria that are comparatively. was made for EU countries The analysis of the level of remuneration harm caused by copying. Levies are determined by negotiation with importers. determined Levies are Rate setting HDS ZAMP distributes to organisations of rights holders which distribute individually. Copyright law sets the Copyright individually. holders which distribute of rights distributes to organisations HDS ZAMP of 30%, but we have only 20%. costs to a maximum 38 International Survey on Private Copying Law & Practice 2013 Every societythatadministersneighbouringrightshasallocated30%forsocialandculturalpurposes. € 90,393 wasallocated. HDS assessestheproposed projects anddecidesyearlywhichprojects are supported. allocated.In2012 − − Discussions are beingheldon: Legal developments Table 14: Remunerations /Levies Mobile phonewithMP3function Apple iPod Hifi HDrecorder PC –personalcomputer Analogue videorecorder Analogue audiorecorder Computer harddisc DVD recorder(external) DVD writer(internal) CD recorder(external) CD writer(internal) MP3 player Audiocassette USB stick Memory card DVD R/W Videocassette Audio CDR/W − − regime thatprovides continuouscontrol overgoodssubjecttoprivatecopyinglevy. border reform, giventhatCroatia isbecomingafullmemberofEU,meaningthatthere willbenoborder new devicessuchastabletsandsmartphonesallocatedtariffs. Tariffs, Croatia Hardware, PC,HDD Blank Media Devices January 2006,inEuro Tariff validfrom1 Optical Storagemedia Mobile Phones Flash Media Tariff 1.37 1.95 5.50 0.82 1.37 0.82 0.27 4.13 0.55 2.75 0.55 1.93 1.10 0.55 1.10 0.55 0.01 0.08 0.01 0.01 st of Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit More than16GB Less than16GB More than16GB Less than16GB Per unit/lessthan10GB Per unit Less than1GB Per unit Capacity Capacity International Survey on Private Copying Law & Practice 2013 39 2012 (€) 2012 (€) 87,765.11 625,187.39 233.09 4,625.73 2012 (€) 42,250.01 59,120.59 73,977.70 149,691.86 2011 (€) 2011 (€) 116,997.03 746,045.06 2010 (€) 2010 (€) 196,565.72 837,645.97 290.33 7,814.44 2011 (€) 50,760.58 72,111.75 78,634.98 179,454.53 Flash Media Optical Storage media 505.28 6,876.25 2010 (€) 99,555.28 212,972.89 101,433.05 147,225.74 Devices Other devices Hardware, PC Blank Media Revenues, Croatia (Analogue audio/video player, Hi-Fi CD recorder, CD recorder, DVD recorder, DVD DVD recorder, CD recorder, recorder, Hi-Fi CD (Analogue audio/video player, hard disc recorder) Devices with MP3 player (cell phone with MP3 player, digital audio/video player) player, Devices with MP3 player (cell phone with MP3 USB stick Audiocassete Memory card Audio CD R/W Videocassette DVD R/W Table 15: Table Revenues 40 International Survey on Private Copying Law & Practice 2013 Contact Information 6. − − − The personliabletopayremuneration shallbe: reproductions and/orrecordings. Remuneration iscollectedbyleviesofblankrecord carriersanddevicesformakingaudiooraudio-visual imitation ofaworkwithoutseekingtoachievedirect orindirect economicbenefit. Copyright shall not be infringed by anybody who for his own personal use makes a fixation, reproduction or Private copydefinedbylaw. Art.30ofActNo.121/2000Coll. Decree ofTheMinistryCulture No.488/2006Coll.,asamendedbyDecree No.408/2008Coll. 168/2008. Act No.121/2000Coll.asamendedby81/2005,61/2006,216/2006.and basis: Legal Legislation andfundamentalfacts Phone City Postcode Address e-mail 2 e-mail 1 Contact person2 Contact person1 Website Name organisation Population Currency Country − − − the manufacturer, importerorconsigneeofblankrecord carriers; the manufacturer, importerorconsigneeoftechnicaldevices formakingprintedreproductions; from memberstatesoftheEuropean Communities(hereinafter the‘consignee’); importer ofsuchdevicesfrom third countries(hereinafter the‘importer’)orconsigneeofsuchdevices the manufacturer of the devices for making audio oraudio-visual reproductions and/or recordings, CZECH REPUBLIC : +420 220315000 : Prague6 : 16056 : Cs.crmady20 : [email protected] : [email protected] : PeterDvornicky : Karel Fort : www.osa.cz : OSA : 10,516,125asofJanuary2013 : CZK : CzechRepublic (average duringthe1 € 1,00=25.923 st halfof2013) International Survey on Private Copying Law & Practice 2013 41 – OSA (both collection and distribution) – INTERGRAM, DILIA, OOA-S (collection) the carrier or forwarder in lieu of the liable person pursuant to Paragraphs (a) to (c), unless that person unless that person (a) to (c), pursuant to Paragraphs of the liable person in lieu or forwarder the carrier the about request written upon delay undue without manager rights collective relevant the informed consignee or producer; the identification of the importer, details necessary for of paid provider in the case of printed reproductions; services, paid reproduction of the provider the device for available, for a consideration, shall also mean the person who makes services reproduction making printed reproductions. − − Cross-border business and foreign e-shops are not yet covered by our jurisdiction. However, our attempts to our However, our jurisdiction. by yet covered not are e-shops and foreign business Cross-border those businesses have been mainly successful. address Distribution rules distribution The and publishers. authors towards quarterly remunerations collected the distributes OSA determined by general assembly. are The most discussed products are tablets and record TVs. Some liable parties refuse to pay remuneration (3% to pay remuneration TVs. Some liable parties refuse tablets and record are The most discussed products of the import price). The liable parties exclude the exports from their reports. their reports. The liable parties exclude the exports from Control of the market: OSA receives the customs clearance statistics from the Czech Customs Administration. the Czech from clearance statistics the customs OSA receives of the market: Control Payment is based on a half-year period. Liable parties are obliged to submit a report of manufactured or manufactured of report a to submit obliged are parties Liable period. half-year on a based is Payment imported specified goods. Collection process The remuneration shall not apply to digital camcorders, digital cameras, mobile telephones and cordless mobile telephones and cordless digital cameras, to digital camcorders, shall not apply The remuneration shall be medium, the remuneration supplied with an embedded memory such devices are telephones. Where paid only for the capacity of the embedded medium. OSA distributes collections directly to individual rights holders. to individual OSA distributes collections directly use, which is not taken into account. is no legal exemption for professional There OSA has authorisation granted by the Ministry of Culture. The administrative costs for collecting private The administrative Ministry of Culture. OSA has authorisation granted by the are: copying remunerations 8% 13% Rate setting of prices. Levies by their determined and PC components are Levies of devices determined by law. are Levies by by pieces on audio tapes, video tapes, CDs, , or determined fixed carriers are blank record external HDDs, SSDs. media such as USB flash disks, memory cards, capacity on electronic OOA-S – fine arts and architecture DILIA – theatre, literary, and audiovisual agency literary, DILIA – theatre, INTERGRAM – performers and producers (OSA collects some remuneration also for DILIA and OOA-S.) remuneration (OSA collects some OSA collects for the authors of musical works, lyrics and publishers. authors of musical works, lyrics and OSA collects for the Collecting Society: − − 42 International Survey on Private Copying Law & Practice 2013 (b) (a) from OSAdistributionsforthepasttwoyearsasfollows: The royalties willbedistributedtoforeign societiesproportionately inaccordance with theamountsreceived (b) (a) distributed incomesforthepasttwocalendaryearsasfollows: The royalties will be distributed to the domestic copyright holders proportionately in accordance with their that haveconcludedreciprocal agreements withOSA. proportionately amongthedomesticcopyrightholdersandforeign collectivemanagersofmechanicalrights The royalties collectedfrom blankcarriersandfrom devicesusedtomakereproductions willbedistributed 5.10. Royaltiesforreproductionsofmusicalworkspersonaluse One schemeforbothaudioandvideo,pleasefindbelowthestatementfrom OSADistributionRules: schemes: Distribution Table 16: Remunerations /Levies Act) decidedon0%from blanklevies. There isnodeductionfrom blanklevies(otherwisethere is).Thegeneralassembly(basedonCzechCopyright Social andculturalfunds,collectivepurposes Over 1TB Up to1TB Memory card,flashdisc DVD-RW DVD-R CD-RW CD-R Minidiscs Videotapes Videotapes Audiotapes Audiotapes 10% inlinewiththeamountsforpublicperformanceoflivemusic. 90% inlinewiththeamountsformechanicalrights(incl.from on-lineuses) 10% inlinewiththeincomesfrom publicperformanceoflivemusic. 90% inlinewiththeincomesfrom mechanicalrights(incl.from on-lineuses) Tariffs, CzechRepublic Blank Media Tariff validfrom1.1.2008 Optical Storagemedia 0.031 max.1.840 3.356 +0.002 External HDD Flash Media 0.003 0.113 0.023 0.041 0.008 0.081 0.093 0.069 0.039 0.029 Per 1GB Per 1GB Per 1GB Over 180min. Up to180min. Over 60min. Up to60min. Capacity International Survey on Private Copying Law & Practice 2013 43 472 2,344 5,308 13,438 77,051 15,405 13,080 263,935 915,815 650,684 236,036 685,454 128,858 264,709 2012 (€) 2012 (€) Capacity 639 3,179 13,749 76,751 8,124 307,870 596,794 695,713 35,549 11,019 2011 (€) 215,779 733,358 153,372 326,481 2011 (€) NA N/A 1.59% 1.74% 1.59% 1.74% 1.50% 0.75% 1.80% 0.90% 3.00% Flash Media Mobile Phones Mobile Phones Consumer electronics Consumer electronics Optical Storage media Tariff valid from 1.1.2008 Tariff 0 386 5,326 25,843 59,448 8,543 242,902 418,880 605,380 30,223 2010 (€) 218,522 708,038 118,688 282,727 2010 (€) Devices Hardware, PC, HDD Devices Revenues, Czech Republic Tariffs, Czech Republic (continued) Czech Republic Tariffs, Blank Media Hardware, PC, HDD CD writer DVD writer Memory card writer HDD (internal only) Audiotapes Videotapes Minidiscs CD DVD Memory card, flash disc External HDD Audio device without radio Audio device without Audio device with radio device without TV Video device with TV Video E-book CD writer DVD writer Mem. card writer HDD internal Audio Video e-book 2010 – 1€ = 26.50CZK, 2011 – 1€ = 24.60CZK, 2012 – 1€ = 25.90CZK Table 17: Table Revenues Table 16: Table 44 International Survey on Private Copying Law & Practice 2013 Contact Information 7. Administrative costs: Approx. DKK3,670,000 –Forbothcollectinganddistributingtorights holder organizations. Administrative is obligedtoprovide theMinistrywith allrequested information. Copydan KulturPlushaslegal monopoly, uponauthorization oftheMinistryCulture. CopydanKulturPlus Copydan KulturPlus Society: Collecting Payment isdueatthetimeofimportordistribution bythefactory. DVDs betweenagivenyearand2005. Remuneration leviedonmedia.Andadditionalstatefunding, tocompensatefordifference inproceeds on copies, thedefinitionisbroader inthatitincludesthemanufacturer andhisclosestcircle ofacquaintances. Digital copiesare restricted tothemanufacturer’s personal useorthatofhishousehold.Inregards toanalogue Exception appliesonlywhensource islegal. Consolidated ActonCopyrightno.202ofFebruary27­ basis: Legal Legislation andfundamentalfacts Fax Phone City Postcode Address e-mail 2 e-mail 1 Contact person2 Contact person1 Website Name organisation Population Currency Country DENMARK : +4535441403 : +4535441495 : KøbenhavnØ : 2100 : Bryggervangen8,1. : [email protected] : [email protected] : MichaelHorn : DicleDuran : http://www.cdkp.dk/ : CopydanKulturPlus : 5,602,628 : DKK : Denmark 2010,withlaterchanges. € 1.00=7.46 International Survey on Private Copying Law & Practice 2013 45 ECJ C-463/12 – ‘Båndkopi’ (Preliminary ruling pending on the conformity with the infosoc-directive of the with the infosoc-directive ruling pending on the conformity ECJ C-463/12 – ‘Båndkopi’ (Preliminary the levy on flash memory regarding scheme in general, and specifically Danish private copying remuneration for use in mobile phones.) cards Other developments; disputes/court cases regarding the system, certain products, professional use or other Other developments; disputes/court cases regarding the system, certain issues relating to the private copying system There is a social and/or cultural deduction of 1/3. It is mandated by law. In 2012 approx. DKK 11,000,000.00 In 2012 approx. is a social and/or cultural deduction of 1/3. It is mandated by law. There dedicated. were Where possible, individual distribution is based on statistical surveys of private copying. Applies to both Audio possible, individual distribution is based on statistical surveys of Where and Video. Social and cultural funds, collective purposes A distribution key has been settled between categories of rights holders. Distribution schemes are determined by the individual organizations subject to a distribution manual made determined by the individual organizations subject Distribution schemes are by Kulturplus. Distribution rights holder organizations. than 20 Distribution happens annually to more Nokia has challenged the levy on separate flash memory cards for mobile phones. See below. flash memory cards Nokia has challenged the levy on separate Exports are refunded upon presentation of export documentation the levies. The importer is the person or of export documentation the upon presentation refunded Exports are country. entity that brings the media into the Copydan Kulturplus may choose an externalCopydan Kulturplus may choose an publicly authorized accountant or an administrative employee undisputed right to make both announced and unannounced control within the organization who has an has the right to examine any visit the accountant or administrative employee visits. When making a control to undertaking the control. to have any value in relation accounting material which is believed Collection process their sales during the month following the month when the to report The liable parties have an obligation sold. blank tapes were Professional users including educational institutions are exempted, provided they have a valid agreement with they have a valid agreement exempted, provided are including educational institutions users Professional KulturPlus. Professional users can be exempted through an agreement with KulturPlus. Alternatively, a refund can be a refund with KulturPlus. Alternatively, agreement an can be exempted through users Professional given. Rate setting by law. only on certain blank media specified by law, determined Levies/remuneration Individual distribution happens through a range of organizations of rights holders. a range of organizations happens through Individual distribution Distribution does not go to individual rights holders. does not go to Distribution 46 International Survey on Private Copying Law & Practice 2013 Table 18: Remunerations /Levies Table 19: Revenues Memory card USB, U3 DVD compensation DVD, Blu-Ray, HDDVD CD R/RW Mini-dics Analogue videocassette Analogue audiocassette Memory card USB, U3 DVD, Blu-Ray, HDDVD CD R/RW Mini-disc Analogue videocassette Analogue audiocassette Blank Media Tariffs, Denmark Revenues, Denmark Blank Media € 508,354.92 € 568,883.40 € 1,636,617.30 € 1,313,260.35 € 923,850.03 € 993.79 € 78,106.90 € 14,216.94 2010 (€) Tariff validfrom…01/01/2013 Flash Media Flash Media DKK 0.1007 DKK 0.0723 DKK 3.60 DKK 2.27 DKK 2.27 € 377,833.46 € 627,329.80 € 2,015,011.70 € 805,135.16 € 717,062.35 € 889.40 € 38,375.38 € 7,411.01 5.13 5.13 2011 (€) Pr. Unit Pr. Unit Pr. Unit Pr. Minute Pr. Minute € 383,117.55 € 603,818.43 (estimate for2012) € 2,218,379.71 € 607,598.91 € 517,920.36 € 19.39 € 61,525.76 Capacity 2012 (€) International Survey on Private Copying Law & Practice 2013 47 : Estonia : EURO : 1,290,000 Society : Estonian Author’s : www.eau.org : Kalev Rattus : Viive Lillemäe : [email protected] : [email protected] : Lille 13 : 10614 : Tallinn : +372 668 43 60 : +372 668 43 61 ESTONIA e-mail 1 Currency Population Name organisation Website Contact person 1 Contact person 2 e-mail 2 Address Postcode City Phone Fax Country The remuneration shall be distributed on the basis of a distribution plan for the preparation of which the plan for the preparation shall be distributed on the basis of a distribution The remuneration composed of collective which is proportionally Minister of Justice shall appoint a committee every year, of phonograms and a the authors, performers and producers management organisations representing of the Ministry of Justice. representative The Minister of Justice shall appoint a collective management organisation as the collector of remuneration as the collector of remuneration The Minister of Justice shall appoint a collective management organisation payment of remuneration and to the collection related deduct expenses the right to organisation has and the collected. the remuneration from The seller shall pay the remuneration when the manufacturer, importer, or the person who brings storage media importer, when the manufacturer, The seller shall pay the remuneration the Community customs territory into Estonia has not paid such remuneration. devices from and recording Collecting Society: appointed by the Ministry of Justice. Society, Estonian Author’s Manufacturers, importers, sellers of storage media and recording devices are responsible for payment. responsible devices are media and recording importers, sellers of storage Manufacturers, Remuneration provided for in § 26 of the Copyright Act in order to compensate for private use of audiovisual to for in § 26 of the Copyright Act in order Remuneration provided of works. works and sound recordings Copyright Law § 26 and § 27 Ministerial Regulation no.14 (17 January 2006). Legislation and fundamental facts Legal basis: Contact Information 8. 48 International Survey on Private Copying Law & Practice 2013 6. 5. 4. 3. 2. 1. The remuneration shallberepaid onthestoragemediaandrecording devices: use: Professional 2. 1. follows: The amountofremuneration iscalculatedonthebasisof§27subsections7CopyrightActandas Rate setting mini-discs (MD) andCD/DVDdiscs. allows ustocollecttheprivate copyonlyforanalogueaudio/videorecorders, blank audio/videocassettes, The currently of Estonia has not been amended for almost 15 years and valid Resolution of the Government The situationinEstoniahas notchangedin2012. Legal developments amount notexceeding10%oftheremuneration subjecttodistribution. to financeeducationaland research programmes orforusethereof forothersimilarpurposes,butonlyinan Remuneration mayalsobepaidtoorganisationsforthe developmentofmusicandfilmculture andinorder Social andculturalfunds,collectivepurposes Distribution scheme, video: Distribution scheme, audio: schemes: Distribution group ofrightsowners. Distribution schemesare setandapproved bytheMinistryofJustice,afterconsultations withaworking authors, performersandproducers ofphonogramsaccording totheuseofworksandphonograms. The MinistryofJusticedistributestheremunerations yearly. Theremuneration shallbedistributedamong exported ortransportedfrom EstoniaintotheCommunitycustomsterritory. Exports are exemptedbylaw. Theremuneration shallberepaid onthestoragemediaandrecording devices remuneration hastherighttouseanddiscloseinformationonlyinconnectionwithsuchcollection. and importing organisations and sellers.The information submitted is confidential, andthecollector of to obtainnecessaryinformationfrom customsauthoritiesandstatisticalorganisationsmanufacturing The collectivemanagementorganisationwhichisappointedasthecollectorofremuneration has the right writing. Theorganizationappointedtocollecttheremuneration cannegotiateadifferent fee. 20 daysfrom theendofeachcalendarmonth,inwritingoraformthatiscapablebeingreproduced in remuneration of the quantity and purchase price of recording devices and storage media, within a period of territory oftheEuropean CommunityintoEstoniaistoinformtheorganizationappointedcollect Any manufacturer, importerand person whobringsrecording devicesandstoragemediafrom thecustoms Collection process used formakingrecordings forthebenefitofdisabledpersons. teaching orscientific research; which are intendedforrecording activitiesineducationalandresearch institutionsforthepurposeof the recording requires themanufacture ofanaudioorvideorecording asanintermediatestage; which are usedinanactivitythecaseofwhichresult ofthemainactivitypersonwhomakes which are usedinthecourseofactivitiesspecifiedarticlesassociationundertaking; exported ortransportedfrom EstoniaintotheCommunitycustomsterritory; sound recordings ofworksassinglecopies; which, duetotheirtechnicalcharacteristics,donotenablethereproduction ofaudiovisualworksand for storagemedia–8%ofthevaluegoods. for recording devices–3%ofthevaluegoods; 63% authors; 27%performers; 10%producersofphonograms 33.33 %–authors; 33.33%–performers; 33.33%–producersofphonograms International Survey on Private Copying Law & Practice 2013 49 24.883 2012 (€) Capacity Capacity Per unit Per unit Per unit Per unit Per unit Per unit 2011 (€) 8% 8% 8% 8% Tariff Tariff Tariff Tariff

3% 3% 2010 (€)

Devices Blank Media Hardware, PC, HDD Total Revenues, Estonia Tariffs, Estonia Tariffs, VHS and DVD recording devices devices Audio cassette, CD-R and CD-RW recording Audio cassettes cassettes Video DVD-RW discs DVD-R and CD-R, CD-RW, Minidiscs (MD) Table 21: Table Revenues Remunerations / Levies 20: Table On February 18 this year the Estonian Authors’ Society (EAU), the Estonian Performers Association (EEL) and Association (EEL) Estonian Performers Society (EAU), the Estonian Authors’ 18 this year the On February of Court Administrative the to complaint a made (EFÜ) Producers Phonogram of Association Estonian the outdated valid but practically of the currently the conflict with the Constitution to highlight in order Tallinn, for authors the to compensation the calculates state the basis which on carriers and devices recording of list claim the damage The mentioned organizations also of their works. the reproduction the income loss from in the years 2010-2012. income incurred sum of 541,708 Eur for the loss of compensation in the 50 International Survey on Private Copying Law & Practice 2013 importer orthemanufacturer. importer orthemanufacturer failstodoso. However, theretailer mayclaimthepaymentbackfrom the The manufacturer ortheimporterisliableforpayment.Theretailer must paytheremuneration incasethe authors ofsaidworksandasindirect compensationtotheauthors fortheircommonpurposes. the basisofplayingtimeorrecording capacity ofthedevice,tobeusedasdirect compensationtothe the country fordistribution to the public, the manufacturer or the importer shall pay a levy, determined on to asubstantialextentisusedforthereproduction ofaworkforprivateuse,isproduced orimportedinto Whenever anaudioorvideotape,anyotherdeviceon whichsoundorimagecanberecorded andwhich Contact Information 9. The administrativecostsare 8%,in2012:542,000EUR. Teosto isresponsible fordistributionthrough organisationsofrightsholders. Teosto isappointedbyTheMinistryofEducation andCulture, foramaximumperiodof5years(2011-2016). Society: Collecting became activeonJanuary1 was revised withtheamendment821(2005).Thenewprovisions privatecopyingremuneration concerning Copyright Decree 574(1995)anddecree issuedbytheMinistryofEducationandCulture. TheCopyrightAct Amendments 442(1984),34(1991),1254(1994),663(2008)oftheCopyrightAct404(1961), basis: Legal Legislation andfundamentalfacts Fax Phone City Postcode Address e-mail 2 e-mail 1 Contact person2 Contact person1 Website Name organisation Population Currency Country FINLAND st , 2007. : : +3589681 011 : Helsinki : 00200 : Lauttasaarentie 1 : [email protected] : [email protected] : Mr. OlliValkama, Director ofthePrivateCopyingUnit : Mr. Turo Pekari,Researcher : www.hyvitysmaksu.fi; www.teosto.fi : FinnishComposers’CopyrightSocietyTeosto : : Euro : Finland International Survey on Private Copying Law & Practice 2013 51 exported use, by the Copyright Act if the copy is made for professional material that is protected used to store teaching or scientific purposes material for disabled persons used to store (for example, all digital storing of data processing used as a memory for storage devices in professional data that is part of normal business practices) − − − − Exemptions: are: the products when the private copying remuneration from an exemption The Copyright Act provides − tablets, game consoles and USB- is no private copying levy on mobile phones, computers, navigators, There sticks. − − − Companies/Communities may be granted the right to buy recordable media/carriers without paying private Companies/Communities may be granted the right to buy recordable the Private Copying Unit, the exemption, one must sign a declaration to receive To copying remuneration. a unique ID, which users receive for private copying. Professional not used which states that carriers are the with contract sales a who have and manufacturers, importers from carriers to purchase them entitles Refund must be applied within 3 afterwards. users may apply for refunds Private Copying Unit. Professional year. months after the end of the purchase Professional use: copying can be considered All company or community-related the levy. from exempted users are Professional example, For scheme. remuneration copying in the private not included it is therefore use, and as professional remuneration. a justification for exemption of private copying user back-up of files is considered Criteria taken into account include copying behaviour of consumers, the volume of private copying onto Criteria taken into account include DRMs. of the copy, devices and carriers, the original source different The research working group is responsible for designing and monitoring the surveys. In 2013, it had for designing and monitoring the surveys. In is responsible working group The research Finnish Composers’ Copyright Society the Confederation of Finnish Industries EK, the from representatives Finland in producers Audiovisual for Association Copyright The Kopiosto, Society Copyright The Teosto, Wholesalers Association and Performers Gramex, IFPI Finland, the Electronic Phonogram Producers Tuotos, and Education. ETK, Nokia and the Ministry of Culture Annual surveys on private copying are designed and supervised by a research working group, operating operating working group, designed and supervised by a research are Annual surveys on private copying the advisory in represented delegations The remuneration. copying private for board advisory Finland’s under and importers as the copyright organizations, manufacturers are for private copying remuneration board and the of Transport Ministry of Employment and the Economy, well as the Ministry of Education, Ministry Communications and Consumer Agency. The Finnish Copyright Act expressively states that the remuneration should be based on the available research available research should be based on the remuneration states that the Act expressively The Finnish Copyright compensation this information. The scope of the goals of the informal body is to provide data. One of the main or other to be distributed to the general public or imported video carriers manufactured includes audio or extent used to make copies of a work and which is to a significant equipment that enables the reproduction on digital private copying. Research not considered copies are for private use. Illegal copying and licenced since 1999. private copying has been conducted The negotiations have been traditionally held in December. Teosto has invited a group of interested parties, of interested invited a group has Teosto been traditionally held in December. The negotiations have to the level meeting to discuss issues relating and rights holders, to an informal resellers such as importers, meets quarterly. This group and scope of the remuneration. The Finnish Government sets the level and the scope of the remuneration. Before the decision, negotiations decision, the Before The Finnish Government remuneration. the scope of and the the level sets Education of the Ministry by held are authors representing organisations importers and manufacturers, with and Culture. Rate setting 52 International Survey on Private Copying Law & Practice 2013 11.4% 69.4% importers andresponsible forpayingthelevy. of AppealsrulingonthecaseTeosto vsVerkkokauppa.com (2013),Teosto considers cross-border retailers as Based ontheECJrulingStichtingdeThuiskopievsOpusGmbH(CaseC-462/09),andHelsinkiCourt application. can report theproducts theyhaveexportedintheirmonthlyreport. Theydonotneedtofill ina refund Clients ofPrivateCopyingUnitthatimportproducts andselltheminFinlandtoretailers, orexportthem, purchase invoiceandanexportdocumentneedstobeenclosedwiththeapplication. Exports are exempted.Theexportercanapplyforarefund byfillingintheapplicationform.Acopyof conduct aninvestigationonthepremises ofapartyliabletopaytheremuneration. Thisisusedveryseldom. obligations. Ifthere isaneedtoauditnon-contractcustomer, TheProvincialhastherightto Government the purposesofauthenticatingCompany’s monthlyreports andverifyingcompliancewithitscontractual The contractgivesaprivatecopyingunittherighttoconductaninspectioninCompany’s premises for biggest customers. Liable partieshavetoreport monthly. Customerswithcontractsare auditedannuallyorbienniallyforthe Collection process for digitalhandsets. production, music marketing,touring,grantsforcomposing,creative industryR&Dprojects, contentcreation In the20122011collections, 2,642,000EURwere dedicated.Examples: promotion ofrecording, music activities. both performingandcreative. Itcontinues thefundingactivitiesofESEKandLUSESwhich haveceasedtheir The Finnish Music Foundation (MES) was founded in 2012 for promoting and supporting Finnish music, LUSES. Finnish PerformingMusicPromotion Centre ESEKand TheFoundationforthePromotion ofFinnishMusic Responsibility for theallocationoffunds lies with thePromotion Centre forAudiovisual Culture AVEK, The It ismandatedbyministerialdecree. There 50% isasocialand/orculturaldeductionof Audio:35%,Video Social andculturalfunds,collectivepurposes Distribution scheme, audio: schemes: Distribution decreeby governmental/ministerial phonogram producers andperformers,filmauthorsotherauthors.Distributionschemesare determined Gramex, Kopiosto,Teosto, Tuotos distributetorightsholdersyearly. Theseare composers,publishers, Distribution

Distribution scheme, video: 65% 51% 44% 8.2% 5% 11% 50% – Gramex(phonogramproducers andperformers) – Tuotos (filmproducers) – Teosto (musicalauthors) – Kopiosto(otherauthors) – individualrightsholders: – individualrightsholdersviacopyrightsociety: – Gramex(phonogramproducers andperformers) – Teosto (musicalauthors) – Kopiosto(otherauthors) International Survey on Private Copying Law & Practice 2013 53 In spring 2012, Finnish Composers’ Copyright Society Teosto, Media Company Sanoma Entertainment, Copyright Society Teosto, In spring 2012, Finnish Composers’ in Finland. According the digital environment initiative to reshape IFPI Finland, and Nokia published a joint be supplemented with should system remuneration copying Finnish private the present initiative, to the YLE, payment for the financing of introduced alongside the recently taxpayers a new fee collected from of 2013). The specific new fee the beginning from company (effective the Finnish national broadcasting levy system. device-based the current could gradually replace New national mediation process on the revision of private copying system started in spring 2012 with an of private copying system on the revision New national mediation process in place in 2013. Mediators suggested setting up a three-point aim to have a new private copying system collection model, which was widely rejected. Compensation linked to a communications fund to be instituted on the basis of the current State Television Television State on the basis of the current to a communications fund to be instituted Compensation linked did system or a -based system. Suggestions the scope of the device-based and Radio Fund, widening system. not lead to a new Products included in the private copying remuneration scheme had been offered through the Verkkokauppa. through been offered scheme had included in the private copying remuneration Products have been on sale in the online store Estonia. Products from without levies and imported com online store only in Finnish language and for Finnish consumers. The decision of the Helsinki Court of Appeals complies with the legal practice of the Court of Justice of the The decision of the Helsinki Court of Verkkokauppa. (current Ltd and Finnish Arctecho Oü sued the Estonian Arctecho Union. Teosto European com) in October 2008 for evasion of private copying levies. Helsinki Court of Appeals’ decision, March 5, 2013: Verkkokauppa.com and Arctecho Oü ordered to pay Oü ordered and Arctecho 5, 2013: Verkkokauppa.com March Helsinki Court of Appeals’ decision, Unit for violation of private copying levy payments. According Private Copying to Teosto 3.5 million Euros to Teosto obliged to pay jointly 3.5 million Euros are Oü and Verkkokauppa.com to the decision, Arctecho payment since November 1, 2011. for late Private Copying Unit plus the interest Other developments; disputes/court cases regarding the system, certain products, professional use or other Other developments; disputes/court system issues relating to the private copying Decisions about the future of the Finnish private copying remuneration system are likely to be made in the system are Finnish private copying remuneration of the Decisions about the future autumn 2013 by the Finnish Government. In 2011, The Minister of Culture appointed an expert reviewer to investigate and propose an alternative an to propose and investigate to reviewer an expert appointed Culture of Minister The 2011, In identified 3 possible alternatives: report compensation scheme. The device-based the present The Finnish Government is committed to renewing the private copying remuneration system and the new system private copying remuneration the The Finnish Government is committed to renewing a and it remains has been ongoing for several years, process in 2014. The reform system should be operative in Finland. difficult political question Legal developments 54 International Survey on Private Copying Law & Practice 2013 Table 22: Remunerations /Levies top-boxes withharddisks. capacity, forexample,-recordersandset- Digital recorderswithintegratedstorage Consumer electronics External HardDisks(inc.Flash/SSD) MiniDisc-discs Recordable CD,DVD,Blu-rayand VHS C-Cassette Tariffs, Finland Hardware, PC,HDD Blank Media Devices Tariff validfrom…[1.1.2013] Tariff validfrom… [1.1.2013] 1.824 1.368 0.912 36 30 25 18 15 12 10 18 12 0.45 7 4 9 1.8 1.2 0.6 0.2 0.6 0.3 Memory over1gigabyte,max.20gigabytes Memory over512megabytes,max.1gigabyte Memory minimum50gigabytes,max.250 Memory over750gigabytes Memory over500gigabytes,max.750gigabytes Memory over250gigabytes,max.500gigabytes Memory over150gigabytes,max.250gigabytes Memory over50gigabytes,max.150gigabytes Memory over20gigabytes,max.50gigabytes Memory over20gigabytes,max.50gigabytes Memory minimum1terabyte,max.3terabytes Memory over250gigabytes,under1terabyte Memory over25gigabytes Memory over10gigabytes,max25gigabytes Memory over1gigabyte,max10gigabytes Memory max1gigabyte 240min 180min 120min 120min 90min 60min Capacity Capacity International Survey on Private Copying Law & Practice 2013 55 500 774,000 774,000 19,000 26,000 12,000 2012 (€) 525,000 1,998,000 2,644,000 2,644,000 2012 (€) 1,075,000 997,000 997,000 2011 (€) 1,100,000 2,245,000 2,245,000 600 25,000 43,000 11,400 692,000 2011 (€) 1,414,000

2010 (€) 1,641,000 2,011,500 2,011,500 1,641,000 Optical Storage media Optical Storage media Consumer electronics 600 23,000 58,000 12,500 945,000 2010 (€) 1,787,000 Devices Hardware, PC, HDD Revenues, Finland Blank Media External Hard Disk MP3 player Hard Disk Recorder (set-top box) Video (set-top boxes) Digital audio recorder (MP3 players) C-Cassette VHS CD DVD Blu-ray Minidisc Table 23: Table Revenues 56 International Survey on Private Copying Law & Practice 2013 Collecting Society: Collecting Distribution schemesare theresult ofathree-step process. Copie Franceappointedby law. Contact Information 10. 1. Code). Articles L311-1 up to L311-8 CPI, livre III, titre I, du Code de la Propriété Intellectuelle (Intellectual Property basis: Legal Legislation andfundamentalfacts Importers andmanufacturers ofsubmittedcarriers/devices. storagecapacity,Levy onmediaandequipmentwithinternal according tothecapacity. 2. Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Web site Name organisation Population Currency Country December (IPC,L311-8II-lawdatedDec.20 The scopeoftheexception,inaccordance withthePadawan decision,hasbeenredrafted inlast of settingthetariffs andspecificdecisionsexcludingDAT, C10&C15 Tapes, 8cmDVD. All kinds of carriers not included in the scope of the decisions of the administrative commission in charge presumed tobeusedforprivatepurposes; pay remuneration shallnotapplytocarriersordevicesacquired forprofessional useandwhichare not FRANCE : (33)147158797 : (33)147158753/56 : NeuillysurSeine : 92210 : 225avenueCharlesdeGaulle : cé[email protected] : [email protected] : CécileKremnicky : Charles-HenriLonjon : www.copiefrance.fr : CopieFrance : 65,001,000 : Euro : France th 2011,enactedonDec23rd 2011):theobligationto International Survey on Private Copying Law & Practice 2013 57 step is then split according to the law between authors, performers to the law between authors, step is then split according st 2011, enacted on Dec 23rd 2011): the obligation to pay remuneration shall obligation to pay remuneration 2011): the 2011, enacted on Dec 23rd th split of the PCR collected into 4 parts according to the kind of carrier (dedicated or hybrid) between (dedicated or hybrid) the kind of carrier to 4 parts according PCR collected into split of the works and visual artwork. audio, video, written and producers/publishers. each of the 4 parts of the 1 each of the 4 parts contractual split between organizations.

step: step: step: nd st 2 All families of carriers are not included in the scope of the decisions of the administrative commission and not included All families of carriers are Tapes, 8 cm DVD. C10 &C15 specific decisions excluding DAT, They should also be exempted if they can prove they are the end user of the carrier, in which case it is not user of the carrier, the end they are They should also be exempted if they can prove uses of private copying. possible to presume Any end user of a submitted carrier can apply for a refund or an exemption agreement. or an exemption agreement. Any end user of a submitted carrier can apply for a refund According to the law, professionals have the right to a refund, and they may apply for an exemption have the right to a refund, professionals to the law, According agreement. not apply to carriers or devices acquired for a professional use and which are not presumed to be used for not presumed which are use and for a professional not apply to carriers or devices acquired private purposes. When distributors/retailers export the levied products bought in France, they must pass to Copie France a products export the levied When distributors/retailers supplier. its by been paid has the remuneration that and exported been has product levied the that proof Exports are exempted. French manufacturers and importers that sell carriers or equipment abroad do not do abroad equipment or carriers sell that importers and manufacturers French exempted. are Exports have to pay levies. Payment is due monthly. The market is controlled on a voluntary basis or through court decisions. on a voluntary basis or through The market is controlled Payment is due monthly. Collection process The scope of the exception in accordance with the Padawan decision has been redrafted last December (IPC, December last redrafted been has decision Padawan the with accordance in the exception of scope The L 311-8 II- law dated Dec. 20 Professional use: The tariffs are set by a specific administrative commission composed of 24 members: 12 are representatives representatives 24 members: 12 are set by a specific administrative commission composed of are The tariffs of consumers’ organisations. A and importers, and 6 manufacturers of right holders organisations, 6 of made are Decisions interest’. and the ‘general State the represents voting power, with a specific President, In case of a tie, the chairman has a casting vote. members present. after negotiations, by the majority of a second deliberation, request for in Article L. 311-5, the option provided makes use of When the President the determine to obligation 311-4: L IPC, cast. votes the of thirds two of majority a by adopted is decision the on the basis of use. level of the remuneration 3rd step: 3rd Rate setting 50% authors 50% publishers Written works and visual arts: Video: 1/3 to authors’1/3 to performers’ organizations organizations organizations 1/3 to videogram producers’ 25% to performers’ organizations 25% to performers’ organizations producers’ 25% to phonogram Audio: 50% to authors’ organizations 1 58 International Survey on Private Copying Law & Practice 2013 consumers withoutleviesandtoreport alldeliveriestotheFrench market.Courtcasesare ongoing. Since theOpuscase,CopieFrancehasordered severalforeign-based websitestostopselling toFrench incurred, informingtheexportingsocietythatitssupplierhastorefund theminreturn. Copie Francechecksthattheremuneration hasbeenpaidbythesupplier, thenrefunds thesuppliercosts Distribution schemes: Distribution Schemes are determinedbythelaw. Copie Francedistributesmonthlytoauthors,performersandproducers. Distribution mentioned 25%. Authors’, producers’ and performers’ organizations are responsible for the attribution of theabove- There isasocialand/orculturaldeductiondeterminedbylawIPCL321-9. Social andculturalfunds,collectivepurposes 3rd step: arts: 50% publishers visual and 50% authors works Written 1/3 tovideogramproducers’ organizations organizations 1/3 toperformers’organizations authors’ to 1/3 Video: 25% tophonogramproducers’ organizations organizations authors’ 25% toperformers’organizations to 50% Audio: 1 Distribution schemesare the result ofathree-step process. 2 nd st step: step:

contractual splitbetweenorganizations. each ofthe4parts1 and producers/publishers. audio, video,writtenworksandvisualartwork. split ofthePCRcollectedinto4partsaccording tothekindofcarrier(dedicatedorhybrid)between st stepisthensplitaccording tothelawbetweenauthors,performers International Survey on Private Copying Law & Practice 2013 59 50.00 € 19.15 € 45.73 € 0.015 € 28.51 € 42.84 € in Euros in Euros 125.77 € Private copying remuneration Private copying remuneration Private copying remuneration 12 € 18 € 25 € 30 € 45 € 6.30 € 37.50 € 1.50 €/Gb 0.88 €/Gb 0.50 €/Gb 0.35 €/Gb 0.33 €/Gb Private copying remuneration in Euros Remuneration in Euros per (€/Gb) Remuneration in Euros per Gigabyte (€/Gb) 1.50 €/Gb 1 €/Gb Recording duration Analogic blank carriers Digital recordable carriers Recording duration or storage capacity Per 100 000 Mb (i.e. 0.35 € per 700 Mb) Per 100 Gb (i.e. 0.90 € per 4.7 Gb) Per 100 hours (i.e. 0.56 € per 74 mn) Per 1.44 Mb Per 100 hours (i.e. 3.77 € per 180 mn) Per 100 hours (i.e. 0.43 € per C90 item) Per 100 hours (i.e. 0.43 € per E180 item) Per 100 hours (i.e. 1.29 exclusively dedicated to the recording of audiovisual broadcasts) exclusively dedicated to the recording of audiovisual Storage capacity Storage capacity Storage capacity Memories & Hard disc integrated in an audio Walkman (MP3 Walkman) or lounge device (MP3 Walkman) Memories & Hard disc integrated in an audio Walkman Carrier Carrier Memories & Hard disc integrated in an audio+video Walkman (MP4 Walkman) or lounge device (MP4 Walkman) Memories & Hard disc integrated in an audio+video Walkman Tariffs, France Tariffs, Memories & Hard disc integrated in a TV set, a video recorder or a TV decoder/ADSL-box (decoders and ADSL-box Memories & Hard disc integrated in a TV set, Up to 8 Gb Over 8 Gb up to 40 Gb Over 40 Gb up to 80 Gb Over 80 Gb up to 160 Gb Over 160 Gb up to 250 Gb Over 250 Gb up to 320 Gb Over 320 Gb up to 500 Gb Data CD R & RW Data DVD Ram & DVD R & RW Minidiscs & Audio CD R Micro floppy disc 3’ 1/2 DVHS Audio Tapes (VHS) Tapes Video Up to 4 Gb Over 4 Gb up to 8 Gb Over 8 Gb up to 16 Gb Over 16 Gb up to 32 Gb Over 32 Gb up to 96 Gb Over 8 Gb up to 32 Gb Up to 8 Gb Table 24: Table Remunerations / Levies Remunerations 60 International Survey on Private Copying Law & Practice 2013 Table 24: Network storagesystems(NAS&NDAS)forhouseholds(desktopversion) SSD (SolidStateDrive)systems hardExternal discswithUSBorFirewire interface Note: includedinthiscategoryare: Over 8Gb Over 4Gbupto8 Over 2Gbupto4 Up to2Gb Over 8Gb Over 4Gbupto8 Over 2Gbupto4 Up to2Gb Over 5000Gb&upto10000 Over 1000Gb&upto5000 Over 500Gb&upto1000 Over 320Gb&upto500 Over 120Gb&upto320 Up to120Gb Tariffs, France(continued) Storage capacity Storage capacity Storage capacity Standard ExternalHardDiscs Memory cards USB keys Remuneration inEurosperGigabyte(€/Gb) Remuneration inEurosperGigabyte(€/Gb) Remuneration inEurosperGigabyte(€/Gb) Private copyingremunerationinEuros 0.012 €/Gb 0.015 €/Gb 0.10 €/Gb 0.13 €/Gb 0.16 €/Gb 0.20 €/Gb 0.06 €/Gb 0.07 €/Gb 0.08 €/Gb 0.09 €/Gb 9.60 € 8.40 € 20 € 11 € International Survey on Private Copying Law & Practice 2013 61 16 € 23 € 27 € 30 € 31 € 32 € 6.30 € 9.30 € 12.50 € 0.8000 €/Gb 0.5250 €/Gb 0.3281 €/Gb 0.1969 €/Gb 0.7000 €/Gb 0.5000 €/Gb 0.3095 €/Gb 0.2360 €/Gb Private copying remuneration in Euros Private copying remuneration Remuneration in Euros per Gigabyte (€/Gb) Remuneration in Euros per Gigabyte (€/Gb) Remuneration in Euros per Giga byte (€/Gb) 1.25 €/Gb information. capacity of the device. Multimedia external hard discs or memories: Multimedia external hard Mobile phones enabling the display of music and videograms Mobile phones enabling the display of music Carriers sold in a ‘Bundle’ or ‘complemental offer’ with a recording device. Storage capacity Storage capacity Storage capacity Tariffs, France (continued) Tariffs, Multimedia Tactile tablets running with a specific operating system or a mobile device operating system. Multimedia Tactile Storage capacity dedicated to music display With audio/video and/or registered jack(s) output interfaces allowing the display of audio/video contents without a PC; the display of audio/video contents without registered jack(s) output interfaces allowing With audio/video and/or input interfaces allowing the recording of audio/video registered jack(s) output interfaces and With audio/video and/or contents without a PC; (box dedicated to the recording of video contents connected to a decoder and are not exclusively That are integrated or or recording capacities); with multimedia HDD Application of the tariff scheme to the device, by addition of a) the storage capacity of the carrier and b) the storage Application of the tariff scheme to the device, by addition of a) the storage capacity of Memories and hard discs dedicated to the storage and display of audio integrated in a global positioning system (GPS) Memories and hard discs dedicated to the or a car radio and separated from the capacity devoted to other elements such as the navigation software and road map or a car radio and separated from the capacity Up to 8 Gb Up to 8 Gb up to 40 Gb Up to 40 Gb up to 80 Gb Up to 80 Gb up to 160 Gb Up to 160 Gb up to 250 Gb Up to 250 Gb up to 320 Gb Up to 320 Gb up to 500 Gb Up to 500 Gb up to 1 To up to 2 To Up to 1 To – – – The tariff applicable to recording devices sold with one or several recording capacities (e.g. memory card, external hard disc) The tariff applicable to recording devices sold with one or several recording capacities separately but obviously (‘bundle’), or sold in the same transaction, in the same packaging or several packagings combined recording capacities of the carrier intended to be used together (‘complemental offer’), is obtained by adding together the the device. and the device, this total capacity being invoiced with the tariff scheme of offer’ with a device whose No remuneration shall be paid for recording capacities sold in a ‘bundle’ or ‘complemental recording capacities are not submitted to a private copying levy. Up to 8 Gb Over 8 Gb up to 16 Gb Over 16 Gb up to 32 Gb Over 32 Gb up to 64 Gb Up to 8 Gb Over 8 Gb up to 16 Gb Over 16 Gb up to 32 Gb Over 32 Gb up to 64 Gb Any capacity Table 24: Table 62 International Survey on Private Copying Law & Practice 2013 Table 25: Revenues 2) 1) Additional Information Total ‘Video’ DVD data Video cassette Total ‘Devices’ Memories inaglobalpositioningsystem(GPS)orcarradio Tablets Others Walkman Phones External harddiscs USB sticksandremovablememorycards Memory orharddiskinsertedintoHi-Fidevices Hard diskinsertedaDecoderandTVset Memory orharddiskinsertedintoamultimediaWalkman ordevices Hard diskinsertedintoaVideo Recorder Hard discsormemoryinsertedintodigitalaudio(mp3)player Data CDR/RW Audiocassettes Total ‘Audio’ Minidiscs Audio CD In Francewedocollectoncarriersinsertedintodevices,nordevices themselves. For memoryorhard discsinsertedinto multimediadevices,revenues are splitbetweenaudioandvideoremunerations. video, writtenworksandvisualartsremunerations. For hybriddevices,dataCD-R,DVD,USBkey, hard external discsandmemorycards, revenues are splitbetweenaudio, Audio Revenues Video Revenues Revenues, France Device Revenues € 17,010,859 € 17,460,717 € 29,693,791 € 27,094,288 € 2,599,503 € 257,716 € 158,347 € 33,795 2010 (€) 2010 (€) € 12,204,878 € 12,662,533 € 20,550,934 € 19,425,738 € 1,125,196 € 148,114 € 158,564 € 150,977 2011 (€) € 141,582,888 2011 (€) € 36,868,149 € 47,235,690 € 13,021,887 € 19,539,832 € 8,276,640 € 8,962,197 € 7,500,688 € 159,941 € 17,864 2010 (€) € 159,567,074 € 50,501,477 € 50,063,382 € 15,261,407 € 14,312,834 € 13,632,102 € 3,593,538 € 6,325,305 € 5,660,384 € 175,066 € 41,579 € 41,580 2011 (€) € 19,178,449 € 16,381,548 € 8,307,802 € 8,595,503 € 2,796,901 € 191,066 € 85,131 2012 (€) € 11504 2012 (€) € 146,103,773 €32,461,189 € 52,184,074 € 23,147,754 € 11,816,912 € 12,354,452 €6,421,319 € 2,499,869 € 4,535,756 € 671,246 € 11,202 2012 (€) International Survey on Private Copying Law & Practice 2013 63 : Germany : € : ca. 82,000,000 Überspielungsrechte : Zentralstelle für private : www.zpue.de : Erich Wulff Till Zimmer : Dr. : [email protected] : [email protected] 11 : Rosenheimer Str. : 81667 : München : +49 89 48003-416 : +49 89 48003-988 GERMANY Currency Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Country ZPÜ does not distinguish between costs for collecting and for distributing private copying remunerations. ZPÜ does not distinguish between costs for collecting and for distributing Distribution has to be agreed upon by all member societies. upon by all Distribution has to be agreed ZPÜ distributes to member societies. Member societies distribute to their rights holders. ZPÜ distributes to member societies. Member societies distribute to their ZPÜ is appointed by its member societies (collecting societies), which represent their rights holders. their rights ZPÜ is appointed by its member societies (collecting societies), which represent ZPÜ (Zentralstelle für Private Überspielungsrechte) collects private copying remunerations for media and collects private copying remunerations ZPÜ (Zentralstelle für Private Überspielungsrechte) and VG Bild-Kunst collect private devices, which can be used for copying audio and video works. VG Wort but not for copying text and pictures, for media and devices which can be used for copying remunerations audio or video works. Collecting Society: There is no remuneration for copies from illegal sources. Remuneration is levied on media and devices. illegal sources. for copies from is no remuneration There also liable. are and retailers, resellers as well as Importers and manufacturers, Not only private copies are subject to copy remunerations (§ 53 Abs. 1 UrhG), but also other kinds of copies remunerations subject to copy Not only private copies are meant in Germany when speaking of ‘private mentioned in § 54 Abs. 2 and Abs. 3 UrhG. All these are copies’. Legal basis: in 1990, 1994, 1995, 1998, 2003, Copyright Act of 9/9/1965, amended on 24/06/1985. Further amendments for private copying remunerations. since 01.01.2008 with new regulations in force 2007. Latest revision Legislation and fundamental facts Contact Information 11. 64 International Survey on Private Copying Law & Practice 2013 All devicesandmedia,thetypeofwhichisusedforprivatecopying,are subjecttoremunerations. There are noexemptionsforconsumers. There are different exemptionsforprofessional andindustrialusers. use: Professional Empirical studiesabouttheusageofdevicesandstoragemediaare used. arbitration board orbythecourts. This regularly leadstojudicialproceedings, sothatintheendanewandvalidtariff issuggested / setbythe If thenegotiationsare notsuccessful,tariffs willbesetbyZPÜbasedonmarketresearch data. Levies are set by ZPÜ as a result of negotiations between ZPÜ and associations of manufacturers and importers. Rate setting Nearly allproducts are subjecttonegotiationsand/orcourtcases. issues relatingtotheprivatecopyingsystem Other developments;disputes/courtcasesregardingthesystem,certainproducts,professionaluseorother None Social andculturalfunds,collectivepurposes Distribution schemesare determinedbynegotiationsamongZPÜ’s membersocieties. Distribution occurswhenZPÜ-Partnersdecidetodistribute–atthemomentthere isnoregular frequency. ZPÜ distributestomembersocieties.Membersocietiesdistributetheirrightsholders. Distribution recipient isacommercial entity. Thepartyabroad isresponsible iftheGermanrecipient isaprivateconsumer. Exports are exemptedbylaw, §54IIUrhG.Incross-border sales,theGermanpartyisresponsible, ifthe reported bytheretailers. the correctness ofreports. Thereports oftheimportersandmanufacturers are checkedagainstthefigures Importers andmanufacturers couldbeinvestigatedbyaccountantsincaseofreasonable doubtsconcerning Collection process International Survey on Private Copying Law & Practice 2013 65 All Tariffs in € All Tariffs per hour per hour per hour per hour Capacity per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece per piece 5.00 7.00 9.00 7.00 0.91 1.56 0.91 1.95 34.00 19.00 17.00 13.00 15.00 22.00 30.00 39.00 49.00 34.00 34.00 34.00 0.062 0.197 0.139 0.271 0.550 1.264 0.117 0.386 1.8750 0.0614 0.0614 0.0614 0.0870 15.1875 17.0625 Tariff valid from 01.01.2008 Tariff Tariff valid from 01.01.2010 Tariff valid from 01.07.2012 Tariff valid from 01.01.2008 Tariff Tariff valid from 01.01.2008 Tariff PCs etc. Flash media Blank Media Consumer electronics Optical storage media Tariffs, Germany Tariffs, Internal CD/DVD-writer Multi-Media HDD with recording function Multi-Media HDD without recording function Network HDD < 1TB Network HDD ≥ 1TB External HDD < 1TB External HDD ≥ 1TB External CD/DVD-writer with external HDD Set-Top-Box VHS-Recorder DVD-Recorder DVD+VCR-Recorder DVD-HDD-Recorder DVD+VCR+HDD-Recorder Set-Top-Box+HDD-Recorder HDD-Recorder TV with HDD PC without CD/DVDVD-writer CD-R up to 900MB CD-RW up to 900MB DVD+/-R GB DVD+/-RW 4.7GB DVD-RAM 4.7GB DVD-RAM 9.4GB DVD Double Sided 9.4GB DVD Double Layer / Dual Layer 8.5GB USB-Stick ≤ 4 GB USB-Stick > 4 GB Memory Card ≤ 4 GB Memory Card > 4 GB PC with CD/DVD-writer Audiocassette DAT/MD Audio-CD-R/RW VHS Table 26: Table Remunerations / Levies Remunerations 66 International Survey on Private Copying Law & Practice 2013 Figures showrevenues, notpayments.Duetolawsuits,thefullamountshave beenpaid. Additional Information Table 27: Revenues Lawsuits inprogress foralltypesofmediaandequipment. Additional Comments: Table 26: Mobile phoneswithtouchscreen<8GBstorage Mobile phoneswithouttouchscreen Mobile phoneswithtouchscreen≥8GBstorage USB/Flash Media Consumer electronics DVD-R/RW /CD-R/RW PCs Mobile Phones HDDs CD /DVDWriter Audio /Video blankmedia AC-Recorder MP4-Player Display≥3’’≤4’’ MP4-Player Display<3’’ MP3-Player CD-Recorder MD-Recorder Collected amounts Revenues, Germany Tariffs, Germany(continued) Mobile phones 1,161,937.80 18,140,761.41 7,152,288.07 452,274,452.75 -38,624,483.36 755,068.33 2010 Tariff validfrom01.01.2011 2011 16.00 12.00 36.00 15.00 13.00 25.00 7.00 5.00 5.00 2012 per piece per piece per piece per piece per piece per piece per piece per piece per piece International Survey on Private Copying Law & Practice 2013 67 : GREECE : EURO as of 28.12.2012) figure : 10,815,197 (official : AEPI : www.aepi.gr : Christine Mergoupi : [email protected] : [email protected] & Fragoklissias : 51, Samou Str. : 15125 Athens : Amaroussio, : 0030-21110-29001 : 0030-210 – 6851576 GREECE The reproduction of a ‘Lawfully Published Work’ for private use is the object of the exception (See our of a ‘Lawfully Published Work’ The reproduction 1 of Article 18 of our Law below). par. laid 1 of Article 18: ‘Without to the provisions prejudice to par. Definition of private use, according of to make a reproduction down in the following paragraphs, it shall be permissible for a person of the author and without a lawfully published work for his own private use, without the consent or an organization.’ payment. The term private use shall not include use by an enterprise, a service Currency Population Name organisation Website Contact person 1 e-mail 1 e-mail 2 Address Postcode City Phone Fax Country , i.e. authors – composers – rights for distribution and collection only to its members AEPI is responsible to individual rights holders. owners of musical works. It distributes directly It is appointed by its members. AEPI is an organisation responsible for the collection of remunerations for Authors – Composers – Rights Composers Authors – for remunerations of collection the for responsible organisation is an AEPI AEPI only. – Members of Owners of Musical Works Collecting Society: Scope (a) liable for are media and/or equipment. Importers or manufacturers Remuneration is a levy (%) on recording payment. Article 18 of Law 2121/1993 on Intellectual Property and Neighbouring Rights, as amended by laws and Neighbouring Article 18 of Law 2121/1993 on Intellectual Property 2435/1996, 3049/2002, 3207/2003 is still in force. (b) Legislation and fundamental facts Legal basis: Contact Information 12. 68 International Survey on Private Copying Law & Practice 2013 Administrative costsare astandard 8%commission. Levies are imposedonconsumerproducts asperthenon-restrictive listofmedia/devicesbelow. oranorganization.’ enterprise, aservice without theconsentofauthorandpayment.Thetermprivateuseshallnotincludebyan shall bepermissibleforapersontomakereproduction ofalawfullypublishedworkforhisownprivateuse, As setbypar. prejudice totheprovisions 1ofArticle18:‘Without laiddowninthefollowingparagraphs,it use: Professional authoritative. Levies are determinedbylaw. Asthe rateofthelevywassetbylegislator, thecriteriawere legislativeand Rate setting share of55%. *(AEPI collectsthe85%foraudio out ofthetotalcreators’ share of55%,and19,1%for videooutofthetotalcreators’ (photographers). translators ofplays),52.5% ATHINA (directors/scriptwriters), 3%OSDEETE(artistsoffinearts),11,5% FIVOS 1.5% outofthe55%attributedtocreators:Distribution schemeVideo: 19,1%Musicauthors(AEPI), 1.5% ATHINA (directors/scriptwriters). (music authors),5%OSDEL(writers/publishers), 1.5% THESPIS(theatricalwriters/translatorsofplays), Distribution schemes:outofthe55%attributedtocreators: 85%Musicauthors(AEPI),7%AFTODIAXEIRISI schemes: Distribution 20% toproducers ofaudioandvideocarriers. 25% tointerpreters andperformers 55% tocreators (allcategoriesofrightsowners) both audioandvideosectors): Aepi’s distributionsare semestrial.Thelegislatorhassettledthefollowingdistributionscheme(appliedto All organizationscollectingprivatecopyingremuneration are distributingrightstotheirmembers. Distribution levy. importers withwhomweare currently inlegalproceedings astheyare arguingagainsttheimpositionof the have already received somereplies denyingresponsibility. Thesameappliesalsotocertainvideocameras’ Mobile phoneimportershavebeenextra-judiciallycalledtodeclare mobilephoneimportsinGreece, butwe Exports are exempted(notbyLaw) the applicantCollectingSociety, incaseofnon-compliance.Furthersanctionsare applied. the abovestatutorystatement,providing forapecuniaryfinevaryingfrom €3,000to30,000infavourof district Court,judgingtheprocedure ofinjunctionmeasures, orders theliablepartytosubmitimmediately he importedorproduced inGreece. Iftheliablepartyfailstosubmitthatdeclaration,one-member the truetotalvalueofequipment/mediasuitabletoreproduce musicaland/oraudiovisual works,which statement byacertifiedaccountantappointedtheOrganizationofIntellectualProperty (OIP),declaring Each collectingsocietyisentitledtorequest verificationoftheaccuracycontentsany statutory statutory statementandpaymentsare contractuallyregulated betweentheOrganizationsandimporter. The lawstipulatesthatpaymentmustbemade3monthsaftertheimporttookplace.Usuallysubmissionof Collection process AFTODIAXEIRISI (music authors), 4% OSDEL (writers/publishers), 5.4% THESPIS (theatrical writers/ International Survey on Private Copying Law & Practice 2013 69 Tariff Tariff 6% on all products/devices’ import price 6% on all products/devices’ import price 6% on all products/devices’ import price Blank Media Tariffs, Greece Tariffs,

Audio Carriers Cassettes (MC) Audio CD-R Audio CD-RW DAT Mini Disc DVD-Audio Audio Devices Digital Audio Recorders – MP3 players Writer (consumer) Hifi CD Hifi tape recorder Midi Car Hifi Hard disc or memory slots Music Servers (Jukeboxes) ICDs (digital voice recorders) MICRO PA Hifi Minidisc Mini – micro systems Music Mobile phones Carriers Video Video8) Cassettes (VHS, HI8, Mini DV, DVD-R DVD + RW DVD + R DVD + RAM Mini DVD DVC, Blu ray Discs PC Diskettes over 100mb DDS Tapes Disk Travan CD-R Data CD-RW Data Table 28: Table Remunerations / Levies All Hellenic organizations representing authors as well as producers have recently initiated legal proceedings proceedings legal initiated recently have producers as well as authors representing organizations Hellenic All and we have importers operating in Greece), have been sent to most mobile phone (extra-judicial letters levy. eligible to be subjected to the products not arguing that mobile phones are replies received already Other developments; disputes/court cases regarding the system, certain products, professional use or other system, certain products, professional disputes/court cases regarding the Other developments; private copying system issues relating to the The remaining 45% in both categories of levied products is attributed to producers and performers according according performers and to producers is attributed of levied products in both categories 45% The remaining shares. to their agreed 70 International Survey on Private Copying Law & Practice 2013 category includeroyalties forpastperiods,collectedretroactively. (85% intheaudiosectoroutof55%forcreators, and19,1%inthevideosectorrespectively). Also,thesumsmentionedineach categoriescontainbothcarriersanddevicesbelongingtoeachcategorypertainingonlythe %allocatedtoAEPI Audio andVideo Additional Comments: Table 29: Revenues Table 28: Mobile phones(exceptmusicmobiles) Portable harddisk(external)ZIPdrives,USM(SonyDataUSB)JazzDrives Smart mediamemorycards, USb Flash,memorysticks,cards Compact Flashmemories Mini discs Media boxes Digital recordersforIPTVandVODservices Game Consoles Digital cameraswithSDcards Digital camcorders Blu-ray recorders(external) Hard drivemediaplayers Digital receiverwithharddisc(PVR) VHS Recorders Digital recorders(I-pods,MP4players,etc.) Hard discinsertedintovideorecorders(videocameras) DVD Recorders(withorwithoutHarddisc) TV withrecorder(Harddisc) CD ROMRecorderPC(external) DVD writerPC(external) Video Devices Audio Revenue Video Revenue Revenues, Greece Tariffs, Greece(continued) 229,251.87 548,949.24 2010 (€) 2010 (€) 137,393.16 1,045,324.60 2011 (€) 2011 (€) 6% onallproducts/devices’importprice 191,788.60 53,910 2012 (€) 2012 (€) International Survey on Private Copying Law & Practice 2013 71

1,00 = 300.33 HUF = 1,00 € (24 June 2013) : HUNGARY : Hungarian forint : 9,960,000 : ARTISJUS : www.artisjus.hu : David Kitzinger : Brigitta Puskas : [email protected] : [email protected] u. 15-17. : Mészáros : 1016 : Budapest : + 361 488 26 60 : + 361 212 1542 HUNGARY Currency Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Country Professional use under the CA, export exception under the CA (both: § 20 (3), extended professional use § 20 (3), extended professional use under the CA, export exception under the CA (both: Professional and detailed Chart of Artisjus, Tariff the relevant the Padawan decision under with accordance exception in stipulations on the application of the statutory exceptions. At the determination of the remuneration, it shall be taken into account whether effective technological it shall be taken into account whether effective At the determination of the remuneration, films, performances, works, the to applied are rights related and copyright of protection the for measures concerned. and sound recordings The remuneration shall be determined by the responsible collective management society (Artisjus) in collective shall be determined by the responsible The remuneration producers, film authors, film representing collective management societies with the other affected agreement producers. visual artists, performers, sound recording The private copy remuneration shall be due, on the private purpose copying of their works, performances, shall be due, on the private purpose The private copy remuneration of of performances, and the producers to the authors of works, the performers recordings, films and sound organisations, included in and television in radio programmes broadcast that are recordings films, and sound by cable, and released to the public own programmes their communicating of the entities the programmes for distribution on audio visual or audio carriers. Copyright Act LXXVI. of 1999. Under §20 (1) and (2) CA the definition reads as follows: Copyright Act LXXVI. of 1999. Under §20 (1) and (2) CA the definition Legislation and fundamental facts Legal basis: Contact Information 13. 72 International Survey on Private Copying Law & Practice 2013 and severalliability. Importers orproducers ofrecording mediaorequipment.Resellers,wholesalersandretailers alsobearajoint In addition,pleaseseethetermsandconditionsofexemptionsprovided forintheTariff Chart. − − − − number ofcasesfree reproduction: The privatecopyremuneration, under§35(1),(4),(5),(7),(8)CA,shallcompensatethelossescausedbya Collecting Society: Collecting The liabilitymomentisonthe8 Collection process ultrabooks, tabletsandCD-DVDwriters. The Tariff Chartindicates therelevant products, andthelistdoesnotincludeatpresent PCs,notebooks, provide upfront exemptionfrom payingthelevies. We offer exemptiontoprofessional usersundertheTariff Chartinaccordance withthePadawanruling.We andmarkettrends.patterns We are movingfrom apurely userbehaviourapproach toaharm-basedone.Thisapproach incorporatesuser We We conductusersurveys,focusing on mediausagepatterns. alsomonitorprices andtechnologytrends. the HungarianIntellectualProperty Office,afteraconsultationprocess. Initial ratesare setbyrightsowners’organisations.Theseare approved annually bytheMinistryofJusticevia Rate setting Administrative costsfordistribution:10%ofthetotal.Otherrightsholdersmightapplyfurtherdeductions. producers, performers,filmrightholdersandvisualartists. designated intheCAtotransferstatutoryshares toothercollectivemanagementsocietiesofsoundrecording Artisjus distributesdirectly toindividualmusicalandliteraryrightsholdersitrepresents, buthasbeen approvalSetting ofdistributionschemesisamatterforrightsowners.Nofurthergovernmental isrequired. share from Artisjusunderastatutoryproportion mightapplyafurtherdeduction. Our admincostis17%.Nofurtherdeductionappliesinourdistribution.TheotherCMSthatreceive their Office tocollectanddistributeprivatecopy remuneration. Artisjus. Registrationbytheresponsible publicadministrationagency. TheHungarianIntellectualProperty biggest importersthatholds thatmobilephonesare subject totheremuneration. Some mobilephoneimporters/manufacturers refuse topay. We dohaveafinaldecisionagainst oneofthe submitted inconjunctionwith theclearance.Thedetailedrulesare provided intheTariff Chart. claims whenauthenticinvoices anddeliverynotes(EUexports),orstatementsof customsclearance,are Exports are exempted bylaw. There isnorefund schemeintheCA.Indailypractice,Artisjusaccepts refund 3. 2. 1. Control ofobligedparties: put themintocirculation (forproducers). − − − − Regular auditsinshops,markets,shoppingmalls,etc. IMEI nr. registration formobilephones Hologram stickersontheproducts Ephemeral reproduction bybroadcasting entities. Reproductions madeinschoolsforteaching/exampurposes, LAMS free reproductions, private copyingbypersons, th dayaftertheimport(forimporters),orstocking goodsinorder to International Survey on Private Copying Law & Practice 2013 73 – Rights owners, such as: (FILMJUS) – 13% – Film producers (FILMJUS) – 22% – Cinematographic creators – 4% – Visual artists (HUNGART) – 16% – Script writers (FILMJUS) (ARTISJUS) – 20% – Authors of music and literature – 25% – Performers (EJI) 45% – Authors (ARTISJUS) 30% – Performers (EJI) (MAHASZ) 25% – Producers 20% – Authors (ARTISJUS) 80%  Artisjus won against Nokia before the Supreme Court that refused all the arguments put forward by the all the arguments put forward Court that refused Supreme the Artisjus won against Nokia before the of essence The collection. to commence award the of version written for the waiting are We defendant. chart that regarded and the applicable tariff to the remuneration, subject decision is that mobile phones are is valid (defence of unfairnessthe integrated memories of mobile phones as if they had been MP3 players was also rejected). Other developments; disputes/court cases regarding the system, certain products, professional use or other Other developments; disputes/court cases regarding the system, certain issues relating to the private copying system Legal developments any planned copyright reform. of not aware we are At present In 2012 105,487,488 HUF was dedicated to the fund, The deduction is based on the provision of the CA and the social cultural plan decided by the delegates’ of the CA and the social cultural plan decided by the delegates’ The deduction is based on the provision the to transferred be to has that support cultural covers 7% Justice. of Ministry the by approved and meeting support (3%) via its foundation. social national Cultural Fund. Artisjus provides Social and cultural funds, collective purposes is a social and/or cultural deduction. There Distribution schemes: audio: Distribution scheme, 1. 2. 3. video: Distribution scheme, 1. 2. Distribution schemes are determined through an algorithm that connects private copy remuneration to other connects private copy remuneration an algorithm that determined through are Distribution schemes etc. mechanical reproduction, RTVlicense uses such as broadcasting, Artisjus is responsible for the annual distribution of remunerations to the musical and literary rights holders it to the musical and literary remunerations for the annual distribution of Artisjus is responsible to their right holders. collective management entities distribute Other represents. Distribution The importer is the entity who puts the goods into circulation in Hungarian territory first, no matter whether no first, territory Hungarian in circulation into the goods who puts the entity is The importer the internal market or outside the EU. from comes the product 74 International Survey on Private Copying Law & Practice 2013 Table 30: Remunerations /Levies Audiocassette CD-R, CD-RW Videocassette DATA CD-R/RW DATA CD-R/RW Audio CD Minidisc DVD-R/+R/RW DVD-R/+R/RW DVD RAM DVD doublelayer USB Stick,Pendrive,ExternalSSD Tariffs, Hungary Blank Media Other highcapacityopticaldiscs(e.g.Bluraydisc) Optical Storagemedia Tariff validfrom[01January2013] Flash Media 0.08 0.05 0.20 0.15 0.21 0.21 0.21 0.05 0.25 0.25 0.60 2.83 2.66 2.33 1.66 1.33 1.00 0.60 0.25 8.32 7.99 4.00 2.00 1.33 0.67 0.33 Per unit <300 MB Per unit <700 MB > 700MB Per unit Per unit < 4.7GB 4.7 GB 4.7 GB < 9.4GB > 200GB 100 GB–200 50 GB–100 25 GB–50 15 GB–25 9.4 GB–15 4.7 GB–9.4 < 4.7GB > 32GB 16 GB–32 8 GB–16 4 GB–8 2 GB–4 1 GB–2 < 1GB Capacity International Survey on Private Copying Law & Practice 2013 75 Capacity < 250 GB 250 GB – 500 GB 500 GB – 1 TB 1 TB – 2 TB > 2 TB < 32 MB 32 MB – 64 MB 64 MB – 128 MB 128 MB – 256 MB 256 MB – 512 MB 512 MB – 1 GB 1 GB – 2 GB 2 GB – 4 GB 4 GB – 8 GB 8 GB – 16 GB 16 GB – 40 GB 40 GB – 80 GB > 80 GB < 64 MB 64 MB – 128 MB 128 MB – 256 MB 256 MB – 512 MB 512 MB – 1 GB 1 GB – 2 GB 2 GB – 4 GB 4 GB – 8 GB 8 GB – 16 GB 16 GB – 32 GB > 32 GB < 80 GB 80 GB – 160 GB 160 GB – 250 GB > 250GB 64 MB – 128 MB 128 MB – 256 MB 256 MB – 512 MB 512 MB – 1 GB 1 GB – 2 GB 4.00 5.66 7.33 8.99 0.33 0.67 1.33 2.00 3.33 4.99 5.99 9.99 0.13 0.27 0.33 0.40 0.50 1.00 1.66 2.66 5.33 1.07 1.60 2.66 4.00 4.79 14.98 13.32 19.98 23.31 26.64 29.97 10.65 11.32 10.65 13.32 18.65 23.97 Tariff valid from [01 January 2013] valid from [01 Tariff Mobile Phones Consumer electronics Devices Hardware, PC, HDD Tariffs, Hungary (continued) Tariffs, External HDD MP3-player Memory card content* Storage capacity integrated into electronic devices for storing audio and/or audio visual Table 30: Table 76 International Survey on Private Copying Law & Practice 2013 top boxesandsatellitereceivers withintegratedmemory. *e.g. videorecorders withintegratedmemory, DVDrecorders/burners withintegratedmemory, televisionswithintegratedmemory, set Additional Comments: Currency rate: revenues 2012€1=300.33HUF Currency rate:revenues 2011€1=310.77HUF Currency rate:revenues 2010€1=272.55HUF ** in2009-2010theywere listedunderMP3players. top boxesandsatellitereceivers withintegratedmemory. *e.g. videorecorders withintegratedmemory, DVDrecorders/burners withintegratedmemory, televisions withintegratedmemory, set Additional Information Table 31: Revenues Table 30: External HDD Mobile Phones** and/or audiovisualcontent* Storage capacityintegratedintoelectronicdevicesforstoringaudio Memory card MP3-player Audiocassette Videocassette Minidisc Audio CD Data-CD R/RW Optical Storagemedia DVD+/-/R/RW, DVDRAM USB Stick,Pendrive,ExternalSSD Flash Media Other highcapacityopticaldiscs(e.g.Bluray) Revenues, Hungary Tariffs, Hungary(continued) Blank Media Hardware, PC,HDD Devices Consumer electronics 1,110,189 1,964,090 1,152,726 2010 (€) 42,203 98,078 2,672 7,961 918 23.97 21.31 18.65 15.98 10.65 7.99 1,410,707 1,714,575 2,080,831 2010 (€) – – 1,465,798 1,215,244 2011 (€) 868,551 31,070 69,758 15,769 2,035 580 > 80GB 40 GB–80 16 GB–40 8 GB–16 4 GB–8 2 GB–4 1,822,944 1,544,646 1,341,021 2011 (€) 909,830 – 1,042,778 1,963,217 2012 (€) 573,637 22,143 45,106 10,732 3,064 278 1,571,918 2,048,906 3,936,278 2012 (€) 564,845 322,649 International Survey on Private Copying Law & Practice 2013 77 , 2003) th , 2010). th 2003 (effective April 29 2003 (effective th , 2009 (effective January 14 , 2009 (effective th : Italy : Euro : 59,685,227 (2012) Italiana degli Autori ed Editori : S.I.A.E. – Società : http://www.siae.it : Roberta Luise : Maria Assunta Blanchi : roberta.luise@.it : [email protected] : Viale della Letteratura, 30 : 00144 : Roma : +39 06 59902598 : +39 06 59903683 ITALY Currency Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Country Decree of Minister of Culture and National Heritage of December 30 of Minister of Culture Decree SIAE distributes both directly to individual rights holders (authors) and through organisations of rights holders. to individual rights holders (authors) and through SIAE distributes both directly SIAE is also responsible for distribution to rights holders. for distribution SIAE is also responsible According to Italian law, SIAE has to distribute the amount collected minus the costs incurred. In 2012 SIAE minus the costs incurred. has to distribute the amount collected SIAE to Italian law, According of 7%. kept a percentage S.I.A.E. – Società Italiana degli Autori ed Editori, Italian Copyright Law (L. 633/41 – Art. 71-septies) S.I.A.E. – Società Italiana degli Autori ed Editori, Italian Copyright Law (L. Collecting Society: Legal basis: 9 n. 68, April Copyright Law (L. 633/41 art. 71-septies); Legislative Decree Legislation and fundamental facts Contact Information 14. Manufacturers and importers have to pay the private copy levy upon their sales. The liability moment is when and importers have to pay Manufacturers put on the market. the goods are Remuneration is levied on carriers and devices that enable recording of audio and video. Remuneration is levied on carriers and devices that enable recording Italian Copyright Law (Art.71-sexies) allows reproductions made by a natural person for private use, non- made Italian Copyright Law (Art.71-sexies) allows reproductions commercial. nor indirectly neither directly making and for purposes that are profit The exception applies only when the source is legal – Italian Copyright Law allows private copy of protected Law allows private copy of protected is legal – Italian Copyright The exception applies only when the source legal. of those works are works if the sources 78 International Survey on Private Copying Law & Practice 2013 SIAE deductedabout3%forallauthors,thoughcinemaauthorsfacedadeductionof7%. 0-256 Mb;FloppydiscsandAudiomicrocassettes (foranswerphones)are notinthedecree. consoles (until marchVideogames 2014); Memory Cards with capacity 0-32 Mb; USB Sticks with capacity For professional usethere isbotharefund systemandupfront exemptions. of thecopyandharmcausedbycopying. other criteriaare takenintoaccount,e.g.thedifference betweenlicensedandunlicensedcopies, thesource behaviour inprivatecopyingandamarketresearch onthesalesofsubjectedproducts. Furthermore, Among theelementsconsidered intheapproval procedure oftheDecree, there wasapollregarding consumer Right (Art.190ofCopyrightLaw).ThelastDecree thatsettariffs inforce wasin2010. update) and issued following the advice expressed by the Permanent Consulting Committee for Authors’ Copyright Law, issetbydecree oftheMinisterCulture andtheNationalHeritage(subjecttoathree yearly Remuneration forPrivate Copying, according tothesecondparagraphofArt. 71-septies oftheItalian Rate setting Decree thatsetleviesinforce was in2010,soanupdate isduesoon. The decree ofMinister ofCulture andNationalHeritagethatset tariff issubjecttoatriennialupdate.Thelast Legal developments The associationofartistsand performersisresponsible fortheallocationoffunds. determined bylaw(Art.71-octiesL.633/41). activities aswelltothepromotion, training andprofessional supportforartistsandperformers.Itis 50% ofthevideodistributionschemeassignedtoperforming artistsisdedicatedtostudyandresearch Social andculturalfunds,collectivepurposes to performingartists. 70% inthree equalpartstotheoriginalproducers ofaudio-visualworks, totheproducers ofvideograms, 30% totheauthors Distribution scheme, video: 50% producers andperformers(halftobepaidperformers) 50% authors; Distribution scheme, audio: schemes: Distribution Distribution schemesare setanddeterminedbylaw(Art.71-octiesL.633/41). authors, producers andperformers. According toItalianCopyrightLaw(Art.71-octiesL.633/41),S.I.A.E.distributesyearlyaudioandvideo Distribution foreign companythatsellsproducts directly tofinalusers(e.g.viae-commerce). The importeristhepersonwhobuysforeign products whichare subjecttoleviesandsellstheminItaly, ora law, SIAEhastocarryoutaninspectionactivity. Exporterscanclaimarefund forpaidlevies. SIAE madeanagreementRevenueService (Agenzia delleEntrate)regarding withtheInternal importdata.By Manufacturers andimportershavetoreport theirsalesandpayleviesquarterly. Collection process International Survey on Private Copying Law & Practice 2013 79 Capacity 0-256 Mb >256 Mb to <4 Gb 4 Gb and more 25 Gb 0-32 Mb >32 Mb to <5 Gb 5 Gb and more 4.7 Gb 4.7 Gb 4.7 Gb 700 Mb 1 hour 1 hour 1 hour 1 hour 1 hour 2010 th € 0.00 € 0.41 € 0.00 € 0.41 € 0.41 € 0.41 € 0.15 € 0.29 € 0.29 € 0.22 € 0.22 € 0.23 € 0.10/Gb € 0.05/Gb € 0.03/Gb € 0.09/GB Tariff valid from Jan. 14 Tariff Flash Media Optical Storage media Blank Media Tariffs, Italy Tariffs, USB Stick Memory Card Blu Ray/RW DVD Ram/DL DVD-R/RW DVD+R/RW Data CD-R/RW D-VHS Videocassette Minidisc Audio CD-R/RW Audiocassette Table 32: Table Remunerations / Levies In March 2012 the administrative court turnedcourt administrative 2012 the the of companies the biggest by lodged the appeals, down March In sentence. In the awaiting the new it, so we are They appealed against decree. against the ministerial industry, the interested use (the court stated that to professional some important appeals relating civil court SIAE won destination of products). about the professional of proof to meet burden parties, not SIAE, have Other developments; disputes/court cases regarding the system, certain products, professional use or other professional use or certain products, the system, cases regarding disputes/court Other developments; private copying system issues relating to the 80 International Survey on Private Copying Law & Practice 2013 Table 32: External HDD multimedia devices multimedia (audio/video)walkmanorother Memory orHarddiskinsertedintoa Music PlayerorotherHi-Fidevices Memory orHardDiskinsertedintoMP3 audio/video contentonaTVorHi-Fidevice Video OUTplugs allowingthedisplayof Multimedia externalHardDiskwithAudio/ on aTVorHi-Fidevice recording anddisplayofaudio/videocontent Audio/Video IN&OUTplugsallowingthe Multimedia externalHardDiskwith Tariffs, Italy(continued) Hardware, PC,HDD Devices € 32.20willincreaseby2.76every200Gb € 14.81willincreaseby1.84every200Gb € 32.20willincreaseby2.76every200Gb € 12.88willincreaseby2.76every10Gb Tariff validfromJan.14 € 0.02/Gb € 32.20 € 28.98 € 22.54 € 16.10 € 12.88 € 12.88 € 14.81 € 12.88 € 10.42 € 32.20 € 28.98 € 22.54 € 16.10 € 12.88 € 9.66 € 6.44 € 5.15 € 4.51 € 3.86 € 3.22 € 0.01 € 9.66 € 7.73 € 6.44 € 5.15 € 3.22 € 2.21 € 0.64 € 7.73 € 6.44 € 4.51 € 9.66 € 6.44 € 5.15 € 4.51 € 3.86 € 3.22 th 2010 400 Gbandmore >400 Gb 700 Gbandmore >400 to<700Gb >250 to400Gb >160 to250Gb >120 to160Gb >80 to120Gb >40 to80Gb >20 to40Gb >10 to20Gb >5 to10Gb >1 to5Gb to 1GB 30 Gbandmore >20 Gbto<30 >15 Gbto20 >10 Gbto15 >5 Gbto10 >1 Gbto5 >512 Mbto1Gb >128 Mbto512 up to128Mb 700 Gbandmore >400 Gbto<700 >250 Gbto400 >160 Gbto250 >120 Gbto160 >80 Gbto120 up to80Gb 700 Gbandmore >400 Gbto<700 >250 Gbto400 >160 Gbto250 >120 Gbto160 >80 Gbto120 >40 Gbto80 >20 Gbto40 >10 Gbto20 >5 Gbto10 >1 Gbto5 up to1GB Capacity International Survey on Private Copying Law & Practice 2013 81 per piece up to 256 Mb >256 Mb to 384 Mb >384 Mb to 512 Mb >512 Mb to 1 Gb >1 Gb to 5 Gb >5 Gb to 10 Gb >10 Gb to 20 Gb >20 Gb to 40 Gb >40 Gb to 80 Gb >80 Gb to 120 Gb >120 Gb to 160 Gb >160 Gb to 250 Gb >250 Gb to 400 Gb >400 Gb to <700 Gb 700 Gb and more per piece per piece up to 40 Gb >40 Gb to 80 Gb >80 Gb to 120 Gb >120 Gb to 160 Gb >160 Gb to 250 Gb >250 Gb to 400 Gb >400 Gb to <1000 Gb 1000 Gb and more € 0.90 € 2.40 € 1.90 € 0.64 € 0.97 € 1.29 € 1.61 € 1.93 € 2.25 € 2.58 € 3.22 € 4.83 € 6.44 € 8.05 € 6.44 € 9.66 € 11.27 € 14.49 € 16.10 € 12.88 € 16.10 € 22.54 € 28.98 € 32.20 5% of price Mobile Phones € 16.10 will increase by € 1.84 every 200 Gb 32.20 will increase by € 2.76 every 500 Gb € 32.20 will increase by Tariffs, Italy (continued) Tariffs, Memory or Hard disk inserted into devices having communication as main purpose (mobile phone) Computer with integrated burner Computer without integrated burner Recording devices with no integrated memory or hard disk Memory or Hard Disk inserted in other Memory or Hard Disk devices not included in previous categories allowing the recording and display of audio or video content Memory or Hard Disk inserted into a video Memory or Hard Disk or a TV a decoder recorder, Table 32: Table Additional info: 5.00; maximum levy applicable for each unit is € *Memory card: *USB Stick: maximum levy applicable for each unit is € 9.00; *External HDD: maximum levy applicable for each unit is € 20.00. 82 International Survey on Private Copying Law & Practice 2013 Table 33: Revenues In Other Video RecordingIn OtherVideo Equipmentare includedMemory/Hard DisksintegratedintoDecoders/TVs,MediaCenters,MP4Players. Additional Information USB Stick Memory Card Blu-ray DVD-R CD-R Videocassette Audiocassette External HDD Computer Mobile phones Other Video Recording Equipment Other AudioRecordingEquipment MP3 Player CD Writer andrecorder DVD Writer andrecorder Hardware, PC,HDD Blank Media Revenues, Italy Devices TOTAL 10,942,586 1,788,097 8,776,833 1,297,382 2010 (€) 759,442 406,613 19,989 51,802,831 4,404,375 5,442,131 9,192,148 4,297,499 1,203,120 1,573,006 1,686,257 2010 (€) 2010 (€) 13,353 Optical Storagemedia Mobile Phones Flash Media 4,181,062 2,384,533 8,179,638 5,929,101 2011 (€) 485,289 256,580 12,335,612 15,560,813 19,607,770 33,497 84,009,114 9,782,451 4,116,949 2011 (€) 2011 (€) 523,151 613,016 19,652 18,048,990 15,638,909 71,738,387 7,766,264 9,259,014 3,540,019 6,010,678 2,806,217 4,454,814 3,039,825 2012 (€) 2012 (€) 2012 (€) 592,170 368,076 15,003 34,535 65,245 98,628 International Survey on Private Copying Law & Practice 2013 83 € 1,00 = 103.45 Yen Society for the Administration of Remuneration Society for the Administration (SARAH) for Audio Home recording Society for the Administration of Remuneration (SARVH). for Video Home recording 102-0083 JAPAN Chiyoda-ku, Tokyo, (sarah/SARVH) +81 332 613 444(SARAH) / +81 335 603 107 (SARVH) +81 332 613 447(SARAH) / +81 355 702 560 (SARVH) : 128,057,352 : : (SARAH) : www.sarah.or.jp (SARVH) : www.sarvh.or.jp (SARAH) : Sigeru YAMATO (SARVH) : Akio TAKAHIRAS : [email protected] (SARAH) : [email protected] (SARVH) 1-8-14, Kojimachi, : Kojimachi YK bldg. 2F, :  : 102-0083 JAPAN : Tokyo, :  :  : Japan : Yen JAPAN Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Currency Country At that time, analogue recording devices were widespread, and there was limitless recording of copyright of copyright was limitless recording and there widespread, were devices At that time, analogue recording holders, especially those of musical works, raised the issue regarding rights work. Under such circumstances, in a revision The governmentdecided to introduce private recording. holders from of rights the protection Berneof the spirit the with Convention. in accordance holders of rights the protection law for copyright the consumers, and established by the The commission, composed of scholars, rights holders, manufacturers, The Compensation system for audio recording has been implemented since 1993; the one for visual recording recording 1993; the one for visual has been implemented since system for audio recording The Compensation since 1999. The Japanese compensation system for private recording was introduced by the copyright amendment of was introduced The Japanese compensation system for private recording 1992. Legal basis: amended in 1992. The Copyright Law, Legislation and fundamental facts Contact Information 15. 84 International Survey on Private Copying Law & Practice 2013 4. 3. 2. 1. Copyright lawprovides asfollows. Cooperation liability: Payment liability: Importers, manufacturers, tradersorothersare liableforpayment. 3. 2. 1. Compensation isleviedonadigitalrecordingmediumanddevice. (b) (a) Definition ofprivate copyaccordingtolaworasaresultoflitigation. of suchfixation. recording’‘Visual meansthefixationofasequenceimagesonsomematerialformsandmultiplication of suchfixation. ‘Sound recording’ meansthefixationofasequencesoundsonsomematerialformsandmultiplication is thebasicideaofprivaterecording compensationsystemfortheJapanesegovernment. compensation systemforprivaterecording wasintroduced. Thatis,‘thecompensationforlimitationtoright’ provision meansthelimitationofrightsholders’rights.Asacompensationforthislimitation,Japanese In thisway, copyrightlawpermitsuserstomakeprivatecopywithouttheauthorizationofrightsholders.This concerned.’ as specifiedbyCabinetOrder shallpaya reasonable amountofcompensationtothecopyrightholders such adigitalrecording mediumasspecifiedbyCabinetOrder bymeansofsuchadigital recording device a limitedcircle’ and‘Anypersonwho,forthepurposeofprivateuse,makessoundorvisualrecording on the subjectmatterofcopyrightforpurposehispersonaluse,familyuseorothersimilaruseswithin Japanese copyrightlawstatesthat:‘Itshallbepermissibleforausertoreproduce byhimselfaworkforming 1992 wasestablished. about 15yearstocomeanagreement. AfterthedeliberationsinDiet,copyrightamendmentactof hasdiscussed the privatecopyingsystem,butithasnotbeeneasytoreachgovernment, aconsensus. It took media forthepurposeother thanthatofprivaterecording. from bycertifyingthatheorsheusessuchaspecifieddevice/ thedesignated association(SARAH/SARVH) Any personwhohaspaidcompensation bypurchasing thespecifieddevice/media mayclaimits repayment and receiving the compensation. Manufactures/importers inclaiming have to cooperatewiththe designated association (SARAH/SARVH) private recording. afixed,lump-sumcompensationfor and ontheclaimbydesignatedassociation(SARAH/SARVH), Purchasers ofthemedia/devicesspecifiedby theCabinetOrder havetopay, atthetimeofpurchase Cabinet Order shallpayareasonable amountofcompensationtotherights ownersconcerned. recording mediumasspecifiedbyCabinetOrder bymeansofsuchadigital recording devicespecifiedby Any personwho,forthepurposeofprivateuse,makes asoundorvisualrecording onsuchadigital Copyright lawstatesthatthemediasubjecttocompensationare specifiedbyCabinetOrder. quality, comparabletotheoriginalwork,withoutdeterioration. Digital devices/mediaare subjecttocompensationmainlybecausetheycanmakemanyworksof high social confusion. recording devices/media subject to compensation was practically impossible and might have caused the time when the compensation system was introduced, and it was thought that making analogue Analogue devices/mediawere excludedfrom thecompensationbecausetheywere widespread at which wouldconstituteaninfringementoncopyrightifitwasmadeinthiscountry). infringes copyright(includinganinteractivetransmissionwhichismadeoutsidethiscountryand person whoknowsthatsuchrecording ismadeuponreception ofaninteractive transmissionwhich results of actsdeterred by such measures; (iii) where adigitalsoundorvisualrecording is made bya technological protection measures oritceasestocauseobstruction,bysuchcircumvention, tothe is madebyapersonwhoknowsthatsuchreproduction becomespossiblebythecircumvention of by meansofautomaticreproduction machinesintendedforusebythepublic;(ii)where reproduction Copyright lawstipulatesthatprivatecopylimitationdoesnotapply, (i)where reproduction ismade Private usemeans‘personaluse,familyorothersimilaruseswithinalimitedcircle.’ Manufactures/Importers Users/Purchasers International Survey on Private Copying Law & Practice 2013 85 SARAH (Soc. for the Administration of Remuneration for Audio Home recording) SARAH (Soc. for the Administration of SARVH for Video (Soc. for the Administration of Remuneration Home recording) Purchasers of the specified device/medium have to pay, at the time of the purchase and on the claim by and on the time of the purchase at pay, specified device/medium have to of the Purchasers by the Governmentthe association designated (SARAH/SARVH), lump-sum compensation for private a recording; device/medium and sent to SARAH/SARVH in the prices of the specified Compensation is included by cooperation owe (*manufactures/importers device/medium specified the of manufactures/importers liability). The designated association (SARAH/SARVH) negotiates rates with organizations which are composed of The designated association (SARAH/SARVH) which are negotiates rates with organizations for the party that the rate of compensation is not too burdensome taking into consideration manufacturers, liable for the payment (user/purchaser). Rate setting composed of The designated association (SARAH/SARVH) which are negotiates rates with organizations manufacturers. (* ‘administration costs’ include the cost of collection and the cost of distribution) Costs incurred(*) costs administration to allocated is received compensation the of 20% to corresponding amount The by distribution association (SARAH/SARVH). to the rule of the designated according of remunerations *organization of copyright holders (producer of cinematographic work, writer, author of musical work), organization of performer, author of musical work), organization of performer, of cinematographic work, writer, *organization of copyright holders (producer of phonograms. organization of producers SARVH/Video: holders’ organizations (*). After to 3 rights SARVH distributes the compensation for visual private recording rights holders. that, each rights holders’ organization distributes to their members or individual *organization of copyright holders (author of musical work), organization of performers, organization of producers of phonograms. of producers *organization of copyright holders (author of musical work), organization of performers, organization SARAH/Audio: After to 3 rights holders’ organizations(*). for sound private recording SARAH distributes the compensation rights holders. that, each rights holders’ organization distributes to their members or individual (* ‘administration costs’ include the cost of collection and the cost of distribution) (* ‘administration costs’ include the cost of collection and distribution to all rights holders. for the collection SARAH/SARVH is responsible Agency for Cultural Affairs according to the copyright law. to the according Agency for Cultural Affairs Costs incurred(*) costs administration to allocated is received compensation the of 20% to corresponding amount The by collection to the rule of the designated association (SARAH/SARVH). according of remunerations: Video: of the designated by the commissioner are (audio/video) The associations for private recording Audio: Organisations responsible for the collection of remunerations: Organisations responsible Collecting Society: However, as it would be too troublesome for users to pay the compensation to all rights holders individually, individually, compensation to all rights holders for users to pay the troublesome as it would be too However, was introduced: the following mechanism 1. 2. Copyright law makes it obligatory for those who make sound or visual recordings for the purpose of private of the purpose for recordings visual or sound make those who for obligatory it makes law Copyright to pay compensation specified by the Cabinet Order, device/medium of a digital recording use by making use liable for payment). right holders (*users are to the relevant 86 International Survey on Private Copying Law & Practice 2013 2. 1. 3. 2. 1. Are there specificproducts notfallingwithinthescopeofprivatecopyingsystem? by manufacturers/importers withoutincludingcompensation. The specificmedia/devicesforapurposeotherthanthatofprivateusesuchasprofessional useare shipped Professional useisnottakenintoaccountindeterminingtherateofcompensation. agreed ratestotheAgencyforCulturalAffairs forapproval. andtheorganizationofmanufacturesWhen SARAH/SARVH reach anagreement, submitsthe SARAH/SARVH designated association(SARAH/SARVH). The importeroffers thecooperationspontaneouslyordoesitsduty after receivingfrom awarning the cooperation liability. Copyright lawprovides thatanymanufacturer and ‘importerofspecified recording deviceormedia’owe process’). lost. Asaresult, thecompensationsystemis notfunctioning,havingpracticallycollapsed(see‘distribution A manufacturer deniedcooperationliabilityforadevicedescribed below. suedthemanufacturer SARVH but Video: specified bytheCabinetOrder donot reflect the products actuallybeingusedforprivate recording. There isnocaseinwhichliabilitypartieshave directly deniedthecooperationliability. Butthemedia/devices Audio: Levies are setonproducts whichare disputed,andthecollectingsocietycannotclaimcompensation. compensation becauseonlyadomesticuser/purchaser owespaymentliabilityunderJapanesecopyright law. they shipthespecifieddevices/media.Thedevices/mediaforexportpurposeare shippedwithoutincluding Domestic manufacturers dividethemedia/devicesinto‘fordomesticpurpose’andexportwhen Exports are legallyexempted. compensation forprivaterecording. of therightsholderandinitsownname,withjuridicalnon-juridicalmattersregard totherightclaim Copyright lawprovides hastheauthoritytodeal,onbehalf thatthedesignatedassociation(SARAH/SARVH) copyright law. Manufacturers/Importers owecooperationliabilityfortheclaimandreceipt ofcompensationunderthe Control: everyMarchSARVH) andSeptemberaccording totheagreement withSARAH/SARVH. medium/device whentheyshipit,andsendthecompensationtodesignatedassociation(SARAH/ Manufacturers/Importers (cooperationliabilityparty)includethecompensationinpriceofspecified Collection process indication of‘fordata’are excludedfrom thecompensation. Only themediawithindicationof‘foraudio/video’are subjecttocompensation.Themediawiththe general purposedevicesare excludedfrom thecompensation. Only adevicededicatedforsoundorvisualrecording canbespecifiedbyCabinetorder. Inotherwords, according tothecopyrightlaw. (Devices withsoundorvisualrecording functionsincidentaltotheprimaryare exempted Devices withspecialefficiency, generallynotforprivateusebut forprofessional use, Analogue media/devices, International Survey on Private Copying Law & Practice 2013 87

The Japan Commercial Broadcasters’ Association. Broadcasters’ The Japan Commercial Corporation. Japan Broadcasting Companies. Production Association of All Japan TV Programme of Japan, Inc. Association Producers’ Motion Picture The Association of Japanese Animations. Association. Japan Video Software Japan Film Makers’ Association. Association. The Japan Writers’ Guild. Japan Writers’ Japan Association of Music Enterprises. Music Publishers’ Association of Japan. Writers Guild of Japan (1.5%) Writers Association) The Japan Writers’ Guild) Japan Writers’ ii. iii. iv. v. vi. vii. Authors, Composers Copyright holders of musical works (16%), Japanese Society for Rights of and Publishers. Guild of Japan. Copyright holders of literary works (16%), Writers’ i. ii. Performers, Japan Council of Performers’ Rights and Performing Arts Organisations. i. Industry Association of Japan. of Phonograms Recording Producers i Producers of Phonograms, Recording Industry Association of Japan. of Phonograms, Recording Producers Copyright holders of cinematographic works (36%) i. (a. (b. Rights and Performing Arts Organisations. Performers, Japan Council of Performers’ Copyright holders of musical works and literary works, Japanese Society for Rights of Authors, Copyright holders of musical works and Composers and Publishers. i. Copyright law provides that the designated association (SARAH/SARVH) that the shall establish rules on the Copyright law provides to the commissioner of the those rules to the distribution of compensation and report matters related Agency for Cultural Affairs. (organization of authors, organization of performers, organization The 3 rights holders’ organizations SARAH/SARVH establish the rules for distribution from receive of phonogram) which of producers distribution and submit them to SARAH/SARVH. the distribution to SARAH/SARVH after they distribute to their The 3 rights holders’ organizations report members or individual rights holders. SARAH distributes the compensation for sound private recording to 3 rights holders’ organizations. to recording the compensation for sound private SARAH distributes holders’ organizations. to 3 rights SARVH for visual private recording distributes the compensation members or individual rights holders. organizations distribute to their These 3 rights holders’ 29% 3% Distribution scheme, video: Distribution scheme, 68% 32% 32% 2. 3. audio: Distribution scheme, 36% SARAH/SARVH determines the distribution schemes. 1. SARVH: Video SARVH: author of musical work, of cinematographic work, writer, producer to visual recording: Rights holders related of phonogram. producer performer, SARAH: audio SARAH: phonogram. of producer performer, of musical work, writer, author to sound recording: Rights holders related 2. 3. (SARAH/SARVH)association the designated to compensation send the 6 every Manufacturers/Importers May and November. every months, and SARAH/SARVH distributes the compensation received 1. Distribution 88 International Survey on Private Copying Law & Practice 2013 Copyright holdersofotherfieldsclaimdistributiondirectly from SARVH. works claimdistributiondirectly from SARVH. above evenifhe/sheisnotamemberoftheorganization;foreign copyrightholdersofcinematographic Japanese copyrightholdersofcinematographicworkclaimdistributionfrom theorganizationdescribed member oftheorganization. foreign rights holders, claim distribution from the organization described above even if he/she is not a Copyright holdersofliteraryworkormusicalwork,performersandproducers ofphonogram,including Other distributionscheme(Video): lawsuit withthemanufacturer (see‘Otherdevelopments’). *Attention: Thecompensationsystemforvisualprivaterecording lostthe isnotfunctioning,havingpracticallycollapsedafterSARVH used forprivaterecording. Therefore, thecompensationrevenue isdecliningdramatically. In thecaseofaudio,devices/media specifiedbyCabinetOrder donot reflect the products actuallybeing Legal developments 4. 3. 2. 1. conductsthefollowingactivitieswithfunddescribedabove(common interestsSARAH/SARVH fund). Dedicated in2012:SARAH:50,800,736Yen 226,666,554Yen (491,065.6Eur);SARVH: (2,191,073.5Eur) 2. 1. holders. If youhavethisdeduction,are requested toindicateifitismandatedbylawora decisionofrights indirect distribution. activities is beneficial for all rights holders, including unidentifiable rights holders, and it would serve as of thecreation anddisseminationofworks.Thissystemisgrounded intheideathatallocating20%tosuch activities ascontributingtotheprotection ofcopyrightandneighboringrightsaswelltothepromotion Therefore, itwasdecidedthattheamountcorresponding to20%ofthecompensationisallocatedforsuch all rightsholders. impossible toidentifyallrightsholders,andtherateofunidentifiablerightholderswouldbeabout20% When the compensation system for private recording was established, it was thought that it is practically 20% ofthecompensationreceived. ThisrateisfixedbytheCabinetOrder basedonthecopyrightlaw. Social andculturalfunds,collectivepurposes medium/device, totherightsholdersrelated tovisualrecording. The revenues from thespecifieddevice/mediaare distributedcollectively, regardless ofthetypespecified Video: medium/device, totherightsholdersrelated tosoundrecording. The revenues from thespecifieddevice/mediaare distributedcollectively, regardless ofthetypespecified Audio: category: Products Study ontechnicalprotection measures related todigitalaudio/videorecordings. cooperationrelatedInternational tocopyrightsystemandprotection. Promotion anddisseminationofworks. Education ofcopyrightsystemordisseminationthe knowledge ofcopyrightlaw. they received forthesamekindofactivities. Some organizationswhichreceived compensation from allocatesomeofthecompensation SARAH/SARVH of thecreation anddisseminationofworks(*theratefixedby CabinetOrder is20%). activities ascontributingtotheprotection of copyright andneighboringrightsaswelltothepromotion corresponding totheratefixedbyCabinetOrder within20%ofthecompensation received forsuch Copyright lawprovides shallallocateanamount thatthedesignatedassociation(SARAH/SARVH) International Survey on Private Copying Law & Practice 2013 89 With respect to the lawsuit with Toshiba, the grounds for judgement were different between the first and different for judgement were the grounds With to the lawsuit with Toshiba, respect court dismissed the petition for a final the second instance, but SARVH lost in both cases, and the supreme having functioning, not is recording private visual for system compensation Japanese the result, a As appeal. practically collapsed. Manufacturers denied cooperation for recording media, too. They insist that they cannot cooperate for a denied cooperation for recording Manufacturers by Cabinet Order. not covered medium which is used with devices that are After the transition, all manufacturers of recording devices and media denied cooperation or payment. As a devices and media denied cooperation or payment. of recording After the transition, all manufacturers July 2011, and the distribution since manufacturers from no compensation consequence, SARVH has received to rights holders has stopped. The designated association for visual private recording (SARVH) negotiated with Toshiba but could not reach but could not reach (SARVH) negotiated with Toshiba private recording The designated association for visual or compensation. The transition from demanding cooperation SARVH sued Toshiba Therefore, an agreement. July 2011, but the lawsuit has not been settled yet. analogue to digital was completed in Video: on July 2011. The Japanese analogue to digital broadcasting from Japan decided to complete the transition devices dedicated to digital has denied cooperation liability in 2009 for its recording Toshiba manufacturer Other by Cabinet Order. specified by the provisions not covered were insisting that such devices broadcasting, example. kind of devices followed Toshiba’s the same which manufacture manufacturers The compensation system for audio private recording has been implemented according to the copyright law, law, to the copyright has been implemented according recording The compensation system for audio private revision of copyright law has been no because there sufficient protection not granted but rights holders are since 1998. They have failed to catch specified by Cabinet Order since 1992 and no changes in the products up with the developments in digital technology. Audio: have been there to the market one after another but have been brought can make recordings which Products devices/media do not since 1998. The specified Order devices/media specified by Cabinet no changes in the is revenue the compensation Consequently, recording. private being used for actually products the reflect declining. Other developments; disputes/court cases regarding the system, certain products, professional use or other system, certain products, professional disputes/court cases regarding the Other developments; private copying system issues relating to the Under these circumstances, the Japanese government system to a discussion to arrange for the has started Under these circumstances, (June, 2013). consideration proper receive In the case of video, the compensation system for private recording is not functioning, having practically having practically is not functioning, for private recording system of video, the compensation In the case developments’). (see ‘Other collapsed after SARVH lawsuit with the manufacturer lost the 90 International Survey on Private Copying Law & Practice 2013 manufacturer (see‘Otherdevelopments’). The compensationsystemforprivaterecordings lostthelawsuitwith isnotfunctioning,havingpracticallycollapsedafterSARVH Video private recording. Consequently, compensationrevenue isdecliningdramatically. The devices/mediasubjecttocompensationare specifiedbyCabinetOrder, buttheydonot reflect the products actuallybeingusedfor Audio Table 34: Remunerations /Levies Digital Video Cassette Blu-ray Disc DVD-RAM/R/RW Digital VHS Digital Video Cassette Digital CompactCassette DAT CR-R/RW MD Blu-ray Discrecorder DVD recorder Digital VHSrecorder Digital Video Cassette Recorder DAT recorder Digital CompactCassetterecorder CD recorder MD recorder Tariffs, Japan Hardware, PC,HDD Blank Media Devices 1% ofwholesaleprice 1% ofwholesaleprice 1% ofwholesaleprice 1% ofwholesaleprice 3% ofwholesaleprice 3% ofwholesaleprice 3% ofwholesaleprice 3% ofwholesaleprice 1% ofwholesaleprice 1% ofwholesaleprice 1% ofwholesaleprice 1% ofwholesaleprice 2% ofwholesaleprice 2% ofwholesaleprice 2% ofwholesaleprice 2% ofwholesaleprice Audio Video Audio Video Tariff Tariff Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Capacity Capacity International Survey on Private Copying Law & Practice 2013 91 0 0 0 0 -30 2,495 118,747 114,561 497,450 2012 (€) 1,727,988 3,242,121 5,537,841 8,779,962 4,002,000 4,120,747 1,613,457 2012 (€) 1,014,188 1,514,133 38 798,785 618,189 1,417,094 82 0 0 0 -38 -359 5,761 27,966 685,585 664,380 636,773 2011 (€) 1,093,769 1,785,115 2011 (€) 2,190,391 2,449,495 22,996,803 25,446,298 16,696,346 18,886,699 115 2,503,060 1,606,579 4,110,104 350 Video Audio Video Audio 0 0 0 -9 85 6,663 941,914 32,138 2010 (€) 1,076,518 2,025,095 2010 (€) 1,196,784 4,284,622 3,221,879 1,164,646 22,420,129 25,642,008 13,704,698 17,989,396 3,383,132 1,046,828 4,430,733 256 517 Devices Blank Media Revenues, Japan Hardware, PC, HDD Total ‘Audio devices’ Total Digital Video Cassette Recorder Digital Video DCC D-VHS recorder ‘Video’ Total Revenues Total DVD recorder Blu-ray Disc Recorder devices’ ‘Video Total ‘Audio’ Total Audio CD-R/RW DAT MD DVD-RAM/R/RW Blu-ray Disc media’ ‘Video Total Digital VHS Digital Video Cassette Digital Video MD DAT Digital Compact Cassette CR-R/RW ‘Audio media’ Total Audio: products actually being used for reflect the but they do not specified by Cabinet Order, The devices/media subject to compensation are dramatically. is declining the compensation revenue Consequently, private recording. Video: is not functioning, having practically collapsed after SARVH lost the lawsuit with the The compensation system for private recordings (see ‘Other developments’). manufacturer Additional Information: (annual average) 2010 Exchange rate used for 2010: 1 EUR = 114.98 Yen (annual average) 2011 Exchange rate used for 2011: 1 EUR = 111.13 Yen (annual average) 2012 Exchange rate used for 2012: 1 EUR = 103.45 Yen Table 35: Table Revenues 92 International Survey on Private Copying Law & Practice 2013 Contact Information 16. Professional users are taken intoaccountandreceive arefund. Hard discs,memory cards andmobilephones withmp3,allanaloguedevicesandcarrers are notlevied. interested partiesundertheguidanceofMinistry ofCulture. Levies are determinedbyCopyrightLaw, CabinetRegulationNo.321through negotiationsbetween all Rate setting The collectingsocietyisresponsible fordistribution torightsholdersthrough organisationsofrightsholders. AKKA/LAA, appointedbyrightsholders,approval oftheMinistryCulture. Society: Collecting Remuneration leviedonmediaandequipment;importersmanufacturers are liableforpayment. Copyright Law, CabinetRegulationNo.321. basis: Legal Legislation andfundamentalfacts Fax Phone City Postcode Address e-mail 2 e-mail 1 Contact person2 Contact person1 Website Name organisation Population Currency Country LATVIA : 37167315620 : 37167506131 : Riga : LV- 1011 : A.CakaStreet 97 : [email protected] : [email protected] : IvarsMaculis : AnitaSosnovska : www.akka-laa.lv : AKKA/LAA : 2,068,000 : LVL : Latvia € 1,00=0.702804LVL International Survey on Private Copying Law & Practice 2013 93 Capacity Capacity 4% * Tariff Tariff 6 % * 6 % * 1.42 ** Flash Media Optical Storage media Tariff valid from 01.11.2013 Tariff – 38.66% – 30.67% – 24% – 6.67% Devices Blank Media Hardware, PC, HDD Tariffs, Latvia Tariffs, All types of PCs USB Flash drive DVD CD Additional Comments: sale prices. from *Percentage Table 36: Table Remunerations / Levies Legal developments like all analogue made, in which many products, No.321 were On 01.11.2013 changes in Cabinet Regulation added. exempted, but USB flash drives were devices and carriers, were The Authors’ Council is responsible for allocation. In 2012, EUR 640 were allocated. for allocation. In 2012, EUR 640 were The Authors’ Council is responsible Social and cultural funds, collective purposes 10% deductions for the Cultural agreements, representation to the reciprocal For musical authors, according possible. and Educational Fund are Authors AKKA/LAA distributes the collected remunerations yearly to rights holders: authors, performers, phonogram yearly to rights holders: authors, performers, the collected remunerations AKKA/LAA distributes after Ministry of Culture by the set up and approved Distribution schemes are film producers. and producers of rights owners and importers. the working group consultations with Performers Phonogram producers Film producers Exports are exempted and exporters receive a refund. and exporters receive exempted Exports are Distribution Payment is due monthly. AKKA/LAA carries out regular inspections to business places and storehouses. to business places and storehouses. inspections AKKA/LAA carries out regular Payment is due monthly. cooperates with police authorities. Sometimes AKKA/LAA Collection process Collection 94 International Survey on Private Copying Law & Practice 2013 Table 37: Revenues USB Flashdrive DVD-R/RW Video taperecorder CD-R/RW DVD writerinternal/external Minidiscs CD writerinternal/external DVD Harddiscrecorder Videocassettes Digital jukebox,MP3players Audicassettes All typesofPCs Hardware, PC,HDD Blank Media Revenues, Latvia Devices 87,515.72 40,887.22 56,265.28 16,661.83 2010 (€) 2010 (€) 1,056.74 406.94 257.54 615.15 85.37 10.84 0 0 Optical Storagemedia Consumer electronics Flash Media 81,640.69 45,377.09 81,289.25 13,185.75 2011 (€) 2011 (€) 589.07 619.55 399.54 34.15 6.4 0 0 0 57,496.76 31,231.00 30,958.84 13,160.14 70235.80 2012 (€) 2012 (€) 2,445.16 1,580.81 359.99 299.91 209.62 10.54 0 International Survey on Private Copying Law & Practice 2013 95 € 1,00 = 3.4528 Lt Lithuanian Neighbouring Rights Association Lithuanian Neighbouring (AGATA) Senior Specialist of Music License Department Aušra Sadaunykaitė : 2,957,445 :  : www.agata.lt Agnė Masalskytė : Managing Director :  : [email protected] : [email protected] 39 : S. Žukausko str. : LT-09130 : Vilnius : +370 5 260 84 13 : +370 5 263 94 66 : Lithuania : Litas (Lt) LITHUANIA Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Currency Country Liable for payment is the first seller of imported or manufactured media and devices in the Lithuanian territory. Liable for payment is the first seller of imported or manufactured Collecting Society: in accordance Appointed by The Minister of Culture Lithuanian Neighbouring Rights Association (AGATA). with the Law. Remuneration for private copying and levied blank media and devices is set by the Law on Copyright and Remuneration for private copying and levied blank media and devices is – Law). Related Rights (hereinafter Scope: a natural person, without the authorisation of the author or any other owner of copyright, can Scope: a natural person, without the authorisation of the author or any purposes, a copy of work lawfully use and for non-commercial exclusively for his individual reproduce, published or communicated to the public in any mode. http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=427725&p_query=&p_tr2=2 Governmental Resolution no. 699 of 13/06/2012, which regulates the order of collection, distribution, order Governmental the Resolution no. 699 of 13/06/2012, which regulates for private copying. system of the remuneration payment and refund Article 20 of the Lithuanian Law on Copyright and Related Rights http://www3.lrs.lt/pls/inter3/dokpaieska. showdoc_l?p_id=417078&p_query=&p_tr2=2 Legislation and fundamental facts Legal basis: Contact Information 17. 96 International Survey on Private Copying Law & Practice 2013 costs annually. which makethefurtherdistributiontotheirrepresented rightsholders,setapercentage ofadministrative collective rightsmanagementassociations.Alsotheorgansofeachrightassociation, The samesum(31,481.70Eur)appliestothecollectionofremuneration andthemaindistribution between Costs incurred bythedistributionofremunerations. their represented rightsholders.Distributiontoproducers ofanaudiovisualworkisalsomadebyAGATA. (for performersandproducers ofphonograms).Thentheseassociationscarryoutthefurtherdistributionto Remuneration isdecidedbytwoauthors’associations(LATGA-A andNATA (formusicauthors))andAGATA remuneration toauthorsandthesubjectsofrelated rights. The maindistributionofcollectedremuneration isprepared byAGATA. Thisdistributionsendsouta Remuneration isdistributedthrough thecollectiverightsmanagementassociations. which represent ownersofcopyrightandrelated rights. AGATA is responsible for the distribution of remuneration to collective rights management associations, administrative costsannually. association, whichmakethefurtherdistributiontotheirrepresented rightsholders,setapercentage of owners of copyright and owners of related rights. Also the organs of each collective right management costs ofremuneration ofprivatecopyingforothercollectiverightsmanagementassociations,whichrepresent Costs incurred bycollectionofremunerations were 31,481.70Eur. Thissumalsoincludesthedistribution claim islodged(notpractised yet). AGATA, andlawyersforthatcompanyalso submitaclaim.Thelaststepiscourtprocedure where the civil effective, AGATA provides aformalclaim. Thentheliablepartyisreferred toalawfirm,which represents contacts thembytelephone oremailtoinformthemabouttheirdutiesandlegal liability. Ifthisisnot Iftheliablepartyisnotcompliant,responsiblewith theResolutionof Government. association remuneration, theymakecontractwiththe responsible associationAGATA andpaythislevyinaccordance Monitoring ofthemarket,anddirect contactwithcompanies orpersons.Iftheyhaveadutytopay Payment period–Onceaquarteroroncemonth. Legal liabilitymoment–whenthefirstsaletakesplace intheLithuanianterritory. Collection process Media forprofessional usesare notincluded: Specific products notfallingwithinthescopeofprivatecopyingsystemare: refunded. Thegroup ofbuyerswhohavethisrightare: If theleviedmediaordevicesare usedforprofessional purposes,there isapossibilitytohavetheremuneration and thesource ofthecopy. Levies are determinedbylaw. Criteriausedare copyingbehaviourofconsumers,theharmcausedby Rate setting Solid statedisk(SSD)andhard diskdrives(HDD),whichare integratedintothePCat timeofsale. interfaces, usuallyusedfortheservers,dataarraysand similarprofessional engineeringpurposes; Hard diskdrives(HDD),biggerthan2.5-inchSATA drivesandwithSCSI,iSCSI,SAS,FC,SATA, FATA than 2.5-inchSATA drives; non-integratedsolidstatedisk(SSD)andhard andexternal diskdrives(HDD),whichareInternal bigger People withdisabilities. Professional users; Exporters; International Survey on Private Copying Law & Practice 2013 97 of March, 2012. Therefore, the 2012. Therefore, of March, st – Authors – Performers of a phonogram – Producers – Authors – Performers of an audiovisual work – Producers The sums for programmes of creative activities and copyright, and related rights protection programmes programmes rights protection activities and copyright, and related of creative The sums for programmes the collected remuneration; have to be deducted from amount; the remaining deducted from costs are After these deduction, administrative remuneration is distributed as follows: The final amount of In 2012, 493,226.53 Eur were allocated. The sum for programmes of creative activities and copyright and copyright and activities creative of programmes for sum The allocated. were Eur 493,226.53 2012, In year. this time first the for Culture of Ministry the to transferred was programmes protection rights related 1 on the This is because the amendments of the Law came into force Social and cultural funds, collective purposes activities and copyright and related of creative is assigned to programmes collected remuneration 25% from Culture). by the Ministry of is administered programmes (these programmes rights protection On the basis of these data AGATA distributes the remuneration and tranfers the remuneration to the collective and tranfers the remuneration distributes the remuneration On the basis of these data AGATA rights holders. the represented rights management organisations for futher distribution and payment to Levies for video blank media and devices: 1/3 is calculated on the and video shares levied media and devices goes to audio from (How much remuneration basis of an independent survey). Levies for audio blank media and devices: 1/3 1/3 1/3 1/3 1/3 Distribution schemes: 2. 3. According to the Resolution: According 1. The shares of rights holders for distribution are indicated in the Law. Basic rules, and how the responsible rules, and how the responsible Basic indicated in the Law. are of rights holders for distribution The shares determined of rights holders, are between the groups remuneration association has to distribute the collected in the Resolution of the Government. Distribution is yearly. The monies collected in a year will be distributed by the 1st of March of the following a year will be distributed by the 1st of March The monies collected in Distribution is yearly. year. Distribution associations, management rights collective to remuneration of distribution the for responsible is AGATA rights. Then these associations execute the further owners of copyright and of related which represent and works audiovisual of producers the and performers authors, are These holders. rights their to distribution phonograms. In Lithuania the to pay remuneration for private copying arises when the first seller executes the first sale arises when the first seller executes for private copying to pay remuneration In Lithuania the duty levied media or devices. of imported or manufactured The importer is the person who makes the import from the EU and third countries (not EU countries). third the EU and person who makes the import from The importer is the Exports are exempted and exporters can claim a refund for the paid levies. for the and exporters can claim a refund exempted Exports are Also according to the Resolution of the Government, the responsible association has a right to inspect the a right to inspect association has of the Government, to the Resolution the responsible Also according the first Lithuania for of in the Republic sold devices and levied media the about the reports of correctness the liable party in the working place. and sales documents of import, production time, and inspect the Ministry of Culture is currently preparing the conditions of the tender. After that the interested parties can After that the interested the conditions of the tender. preparing is currently Ministry of Culture submit their projects. 98 International Survey on Private Copying Law & Practice 2013 The newamendmentsoftheLawhavebeeninforce from 1 issues relatingtotheprivatecopyingsystem Other developments;disputes/courtcasesregardingthesystem,certainproducts,professionaluseorother Table 38: Remunerations /Levies cases inthisarea yet. Audiocassette capability Settop boxwithamemorydeviceandaudiovideorecording TV withamemorydeviceandaudiovideorecordingcapability; other players; car radio,radioset,MP3players,MP4HDmediaplayers and DVDs, HD-DVDdrive,Blu-rayplayers,hometheatre,musicalcentres, and audiovideorecordingcapability:cassettes,VCRs, CDs, Digital andanalogueaudiovideoplayerwithamemorydevice PC External andinternalnon-integratedSSD,HDD Minidisc Videocassette All typesofDVD All typesofCD Blu-Ray USB andnon-integratedMemoryCards Tariffs, Lithuania Blank Media Hardware, PC,HDD Devices 6% offirstsaleprice 6% offirstsaleprice 6% offirstsaleprice 6% offirstsaleprice 6% offirstsaleprice 6% offirstsaleprice Tariff validfrom2012-03-01 Optical Storagemedia Consumer electronics Flash Media € 2.90 € 2.03 € 1.45 € 0.87 € 0.58 € 0.29 € 0.14 st ofMarch, 2012;therefore, there are nocourt Tariff validfrom2012-03-01 Per unit Per unit Per unit Per unit Per unit Per unit for >32GB for 16.1-32GB for 8.1-16GB for 4.1-8GB for 2.1-4GB for 1-2GB < 1GB € 11.58 € 10.14 € 8.69 € 7.24 € 5.79 € 4.34 € 1.45 € 1.01 € 0.43 € 5.79 € 4.34 € 2.90 € 2.32 € 1.45 Capacity for 500.1-750GB for 250.1-500GB for 32.1-250GB for 8.1-32GB for 2.1-8GB for 1-2GB < 1GB > 1TB for 750.1GB-1TB Per unit > 1TB 500.1-1 TB for 250.1-500GB < 250GB Capacity International Survey on Private Copying Law & Practice 2013 99 € 30,90 2012 (€) € 146.77 € 279.06 < 1 GB for 1-2 GB for 2.1-8 GB for 8.1-32 GB for 32.1-250 GB for 250.1-500 GB for 500.1-750 GB for 750.1 GB-1 TB > 1 TB € 3,401.60 € 25,788.60 € 29,604.38 € 176,249.12 € 163,989.19 of March 2012) the collected of March st € 0.43 € 1.01 € 1.45 € 4.34 € 5.79 € 7.24 € 8.69 € 10.14 € 11.58 – – 2011 (€) € 156.32 € 124.70 € 5,004.81 € 22,694.89 € 37,944.27 Minidisc, Blu-ray Flash Media Mobile Phones – – Optical Storage media 2010 (€) € 276.40 € 190.10 € 10,095,11 € 40,711.12 € 80,111.30 Minidisc, Blu-ray Blank Media Tariffs, Lithuania (continued) Tariffs, Revenues, Lithuania Mobile phones with a memory device and audio and video recording Mobile phones with a Audiocassette Videocassette Minidisc CD DVD Blu-ray USB Non-integrated Memory Cards Table 38: Table remuneration significantly increased (for example the remuneration (after all deductions) for 2012 was 1,448,197.89 Eur; in 2011 remuneration (after all deductions) for 2012 was 1,448,197.89 Eur; in 2011 (for example the significantly increased remuneration determines the The new Law media and devices is valid for a little over one year. it was 50,748.89 Eur). The expanded list of levied it will be possible to assess the changes in revenue. of that list every two years, so after such review review Table 39: Table Revenues Additional Comments: and , CD, DVD, videocassette, audiocassette Blu-Ray from for private copying was collected only When the remuneration 1 and devices was expanded (from When the list of levied media annually. decrease the revenues 100 International Survey on Private Copying Law & Practice 2013 Table 39: programmes). 2012 afterthedeductionof25%forprogrammescreativeactivitiesandcopyrightrelatedrightsprotection Lithuania thecollectedremunerationisdistributedjustafterdeductionofadministrativecosts(andfrom1 The amounts(withdeducteddebts)inthetablearebeforecostsofcollectionand/ordistributionhavebeendeducted.In Note: Mobile Phones audio andvideorecordingcapability Settop boxwithamemorydeviceand and videorecording TV withamemorydeviceandaudio HD mediaplayersandother radio set,MP3players,MP4 theatre, musicalcentres,carradio, HD-DVD drive,Blu-rayplayers,home audio cassettes,VCRs,CDs,DVDs, audio andvideorecordingcapability: player withamemorydeviceand Digital andanalogueaudiovideo PC HDD SSD Hardware, PC,HDD Revenues, Lithuania(continued) Devices

2010 (€) Consumer electronics – – – –

2011 (€) – – – – 552,531.13 EUR 883,309.64 EUR 87,839.95 EUR 10,804.03 EUR 38,931.74 Eur 2012 (€) st ofMarch, International Survey on Private Copying

Law & Practice 2013 101 : The Netherlands : Euro : 16,700,000 : Stichting de Thuiskopie : www.thuiskopie.nl : Hester Wijminga : [email protected] : [email protected] box 3060 : P.O. : 2130 KB : Hoofddorp : +31 (0)23-7997019 : +31 (0)23-7997018 NETHERLANDS Currency Population Name organisation Website Contact person e-mail 1 e-mail 2 Address Postcode City Phone Fax Country Stichting de Thuiskopie is responsible for collection and distribution of private copying remunerations to all private copying remunerations for collection and distribution of Stichting de Thuiskopie is responsible by Thuiskopie to organisations of rights distributed are rights owners. The private copying remunerations holders. Administrative costs for collecting remunerations are 10%. Costs for distribution by organisations of rights 10%. are costs for collecting remunerations Administrative holders may not exceed 15%. Collecting Society: Minister of Justice. Stichting de Thuiskopie. Founded by rights holders and appointed by the Levy system where importers or manufacturers of recording media and/or equipment are liable for payment. media and/or equipment are of recording importers or manufacturers Levy system where if they cannot show who the or retailers wholesalers for extended liability for resellers, The law provides original importer is. Art. 16c of the Copyright Act: Reproduction of the work or any part thereof shall not be regarded as an shall not be regarded thereof of the work or any part Art. 16c of the Copyright Act: Reproduction is carried reproduction that the scientific or artistic work provided infringement of the copyright in a literary, motivation and is intended exclusively for personal exercise, commercial or indirect out without any direct study or use by the natural person who made the reproduction. Copyright Act 1912, amended last in 2004. Royal decree of 23 October 2013, based on a recommendation of 23 October 2013, based on a recommendation Copyright Act 1912, amended last in 2004. Royal decree The Private Copying Levy Agency (SONT) is a consultative body in which the persons obliged the SONT. from represented. to pay and the Home Copy Association are Legislation and fundamental facts Legal basis: Contact Information 18. 102 International Survey on Private Copying Law & Practice 2013 because privatecopyingontheseitemsisalwayspersonal.Somedonotpayofregulations. There are courtproceedings abouttheprofessional useofmobilephones.Professional useisnotpossible a refund withStichtingdeThuiskopiedirectly ifhecanshowthelevieshavebeenpaid. without leviestowards professional users.Inanon-contractualsituation,everyprofessional usercanaskfor hardIn a contractual situation importers can deliver PCs, laptops, tablets, external drives and blank media sold toprofessional end-users. different manner;there isnolongerasystemofmutualisationbutcertainproducts are tobeexemptedif Since thePadawanverdict of2011,thenewregulations onprofessional useare taken intoaccountina use: Professional distribution. Surveysare byVeldkamp, anindependentmarketresearch bureau. A MarketSurveyonconsumercopyingbehaviouriscommissionedyearly. Itisthebasisfortariffs andthe cannot cometoanagreement, thechairmanwilldecide. negotiate the level of the tariffs. An independent chairman is appointed by the Minister of Justice. If parties The lawappointsanegotiatingbody(SONT)inwhichrightsholdersandindustryare equallyrepresented to Rate setting 30% producers 30% performingartists 40% authors Distribution scheme, audio: by law. The distributionschemesare setbyrightsholders andhavetobeapproved bytheSupervisoryboard instituted schemes: Distribution to copythiscontenton. researcher. Thisstudyshowswhichcontentiscopiedbyconsumersandthetype ofcarrierstheyhaveused producers andperformersdecideonthevarious shares basedonayearlymarketstudybyanindependent The distributionschemeissetbyrightsholderswithin theboard ofStichtingdeThuiskopie.Theauthors, Stichting deThuiskopiedistributesquarterlytoorganisationsofrightsholders. Distribution has received thefundsfrom theimporter. Inacontractsituationexportscanbeexemptedupfront. All exporterscanaskforarefund iftheycanshowlevieshavebeenpaid.RefundonlytakesplaceThuiskopie Export: Contractors canbeauditedbyThuiskopie. An enforcement officerdoes regular checksonthemarket;ananonymous reporting systemisplace. deliver directly towards consumersinacross-border situation(Opuscase) The firstcommercial selleristobeconsidered theimporter. Foreign sellerscanbeconsidered importersifthey end ofthemonthinwhichproduct wassoldtotheDutchmarket. and ready tobeputintothemarket.Inacontractualsituationcontractorscanreport within15daysafterthe Based upon thelaw, the obligation to pay arises directly upon import or when the product is manufactured Collection process – STAP – NORMA – Stemra(distributionStemra-part: Stemra92.5%,Lira7.5%). International Survey on Private Copying

Law & Practice 2013 103 2013; the negotiating body (SONT) has advised the State Secretary the State Secretary has advised negotiating body (SONT) 2013; the st Stemra (distribution Stemra-part: Stemra 30.52%, Lira/Vevam 34.96%, Vevam Vevam 34.96%, Stemra-part: Stemra 30.52%, Lira/Vevam Stemra (distribution 4.3%). 30.22%, Pictoright – – Norma (video) en NOS (7%) – Sekam video (33,75%)

The branch organisation of consumer electronics industry together with HP, Dell, Acer and Imation has industry together with HP, The branch organisation of consumer electronics and stating that tariffs decree started a court case against the Dutch state fighting the legality of the new being sued by Thuiskopie in summary not paying are not based on the actual harm. Parties who are are proceedings. use Especially the professional Nokia started a similar court case against Thuiskopie and the Dutch State. is contested. for smart phones which is not relevant levies altogether claiming After the Padawan case the blank media importer Imation stopped paying In first instance the judge ruled in they had paid too much in the past when mutualisation was in force. use on each professional prove favour of Imation but a claim could not be calculated since Imation has to failed as the judge let the and every single CD-R/DVD-R. An attempt to seize the accounts of Thuiskopie compensation for private copying prevail. of rights holders to receive interests − − − Several court cases will prove to be relevant for the implementation and execution of the decree which was which for the implementation and execution of the decree relevant to be Several court cases will prove valid as of January 2013. − − − Other developments; disputes/court cases regarding the system, certain products, professional use or other Other developments; disputes/court system issues relating to the private copying on a new regulation as of 2014. The proposal includes a levy on e-readers and proposes to make a visible levy to make a visible levy and proposes includes a levy on e-readers as of 2014. The proposal on a new regulation to be formulated by the state, and to see if it follows awaiting the decree are We on all invoices mandatory. to follow the advice. is not obligated The state secretary the advice of SONT. Legal developments December 31 until is valid The regulation The percentage is determined by rights owners, but it is stated in the law that it cannot exceed 15%. is determined by The percentage The rights holders’ organisations that distribute the private copying remunerations to individual rights owners to individual rights owners distribute the private copying remunerations The rights holders’ organisations that can. Social and cultural funds, collective purposes no deduction for collective (social and/or cultural) purposes. is currently There With talks will start about the distribution schemes. the new regulations, Distribution scheme, interactive: Distribution scheme, performers (50% STEMRA- 50% NORMA) 20% authors and (SPMP) 45% producers (75% audio and 25% video) and video distribution schemes audio 25% through Distribution scheme, video: scheme, Distribution 33.75% authors artists 25.50% performing 40.75% producers other: Distribution scheme, 104 International Survey on Private Copying Law & Practice 2013 Table 40: Remunerations /Levies The collectedamountsfor2013willprove tobemuchhigher, anestimated25million. Additional Information: Table 41: Revenues * capacityformobilephonesincludesmaximumexpendablememory TOTAL Analogue video Analogue audio DVD-R/RW CD-R/RW Smartphone/phone mp3function Smartphone/phone mp3function Settop box/Harddiskrecorder Settop box/Harddiskrecorder Audio/Video (mp3) player Audio/Video (mp3) player DVD-R/RW CD-R/RW External harddisk Tablet Tablet PC/ Laptop Blank Media Tariffs, Netherlands Revenues, Netherlands Hardware, PC,HDD Blank Media Devices € 10,820,000 8,128,000 2010 (€) 2,299,00 268,000 125,000 Tariff validfromJanuary Tariff validfromJanuary Optical Storagemedia Consumer electronics Mobile Phones € 5.00 € 2.50 € 5.00 € 2.50 € 1.00 € 2.00 € 0.03 € 0.03 € 1.00 € 5.00 € 2.50 € 5.00 2013 2013 € 9,210,000 5,578,000 3,284,000 2011 (€) 238,000 110,000 Capacity Capacity ≤ 160GB > 160GB ≥ 16GB < 16GB ≤ 2GB > 2GB ≤ 8GB > 8GB Unit Unit Unit Unit € 5,375,000 3,434,000 1,819,000 71,0000e 2012 (€) 51,000 International Survey on Private Copying

Law & Practice 2013 105 € 1,00 = 7.86 NOK : Norway : NOK – Norske kroner : 5,051,275 : NORWACO : www.norwaco.no Hag : Hans Fredrik : Elin Urkedal : [email protected] : [email protected] : Postboks 8903 Youngstorge : 0028 : OSLO : +47 23 31 68 07 NORWAY Currency Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Country A deduction for administrative costs in connection with the distribution is made. A deduction for administrative costs in connection with the distribution is Rate setting copying. private of analysis statistical yearly a provide also We year. budget each national the in set rate is The Norwaco will distribute parts of the compensation to the different rights holders’ organizations, and then the Norwaco will distribute parts of the compensation to the different further distribution to the individual rights holders. for the responsible organizations are Norwaco is owned by our 34 member organizations, which represent different groups of rights holders in groups different Norwaco is owned by our 34 member organizations, which represent and appointed by the Norwegian Government to distribute the compensation. also approved are We Norway. Norwaco is a Collective Management Organization. Collecting Society: The remuneration is funded by the Norwegian Government, as a post on the national budget. The remuneration Legal basis: an 5.2 b) of the Copyright Directive Section 12 of the Norwegian Copyright Act establishes in line with article disseminated works. This scheme obligation to compensate rights holders for the private copying of publicly in Norway in 2005. for compensation was first introduced Legislation and fundamental facts Contact Information 19. 106 International Survey on Private Copying Law & Practice 2013 copy, etc. Criteria usedare: copyingbehaviourofconsumers,whethercopiesare licensedornot,thesource ofthe This isinlinewiththeguidelinesfrom theNorwegianGovernment. Every rightsholders’group willreceive compensation. non-members. 34 organizationsintotal,whichrepresent approximately 37,000rightsholders.Theyare alsoresponsible for In Norway there are different organizations which represent the different rights holders’ groups. There are We payouttheremuneration onceayear, andtheorganizationsdosame. Distribution Table 42: Revenues was firstimplementedin2005. The schemeinNorwayisnotunderalegislative process atthemoment.Ithasremained unchangedsinceit Legal developments 43,800,000 NOK Revenues, Norway 2013 42,400,000 NOK 2012 International Survey on Private Copying

Law & Practice 2013 107

1,00 = 5.900 Guaraníes € 1,00 = 5.900 Guaraníes (3 July 2013) : Paraguay : Guaraníe : 6,568,290 : -SGP-, Sociedad de Gestión de Productores Fonográficos del Paraguay : www.sgp.com.py : Maria Elena Ojeda : Silvia Cabañas : [email protected] : [email protected] España 2221 : Av. : 1438 : Asuncion : +595 21 – 233787 : +595 21 -233788 PARAGUAY PARAGUAY Currency Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Country The collecting society delivers 10% (after expenses) to the state for the promotion of intellectual property of intellectual property promotion The collecting society delivers 10% (after expenses) to the state for the and one for interpreters. for producers equal parts: one for authors, one rights. The balance is divided into three Cost is unlimited. It is variable and changes monthly. Generally no more than 30%. Generally no more Cost is unlimited. It is variable and changes monthly. Appointed by rights holders. Levy system: according to the provisions of the regulatory decree, importers and manufacturers are liable for are importers and manufacturers decree, of the regulatory to the provisions Levy system: according payment. Collecting Society: states that the society of performers decree entities, the regulatory of the three AIE-Paraguay: by agreement is the collecting agency. Definition of private copy according to law, Art. 34. to law, Definition of private copy according Ley 1.328/98 ‘De Derechos de Autor y Derechos Conexos’, Art. 34 a 37. de Autor y Derechos Ley 1.328/98 ‘De Derechos Legislation and fundamental facts Legal basis: Contact Information 20. 108 International Survey on Private Copying Law & Practice 2013 Artículo 35 Professional usersare exempted. copy, thehigherrate. We believethattheauthorityhastakenintoaccountharmcausedbycopy. Thelargerthesizeof Regulatory Decree No.6780ofJune2011. Law 1328/98provides thattheStateshallregulate theright.Therefore therateshavebeendeterminedin Rate setting Remunerations /Leviesand Revenuesnotprovided Two yearsagowehadhopedforafinaljudgment.Itisanabsolutelyunfair situationforrightsholders. companies untilafinalverdict is reached. Justice inJuly2011.TheCourthasdecidedasaninterim measure thatthedecree doesnotapplytothese The 30majorimportersfiledaninconstitucionalidad[unconstitutionality] action totheSupreme Court of issues relatingtotheprivatecopyingsystem Other developments;disputes/courtcasesregardingthe system,certainproducts,professionaluseorother producers donot.Themaximumrateis10% according tolaw1.328/98. The Society of Authors and the Society of Artists are subject to a social and/or cultural deduction. The Social andculturalfunds,collectivepurposes to audio. Each ofthethree entitiesdeterminesthedistributionscheme.Fortimebeing,100%isgenerally allocated income isdistributedaccording toairplay. are compensated.Eachsocietydecideshowtodistribute.TheArtists’Society’s andtheProducers’ Society’s According tothedecree onlyproducers ofmusicalworks,performancesandphonographicproductions the fundstotheirmembers(authors,artistsandproducers ofphonograms). The SocietyofArtistsdistributesmonthlytotheSocietiesAuthorsandProducers. Theythen distribute Distribution person orcompanythatbringsthemerchandise intothecountry. The decree onlyobligesimportersanddomesticmanufacturers topaycompensation.Theimporteristhe The mechanismisestablishedinthedecree. Nocountrycanimportthedevicesandplayerswithoutpayment. Collection process the leviesofprevious monthafterdeductingexpenses. The organizationofartists,responsible forrevenue collection,distributeeachmonthtoauthorsandproducers 36. products, provided thattheequipmentormediainquestionare intendedsolelyforsuchactivities. under contracttoanyofthem,withrespect tothelegitimateproduction orreproduction oftheirworksand withsoundrecordingsconcerned orthepostsynchronization ofsoundandimages,orcompaniesthatwork of audiovisual works and phonograms and publishers or their licensees, neither shall it be payable by studios The foregoing remuneration shallnotbepayableforequipmentandmaterialsthatare usedbythe producers o . – . – International Survey on Private Copying

Law & Practice 2013 109 of December, 2008, of December, th of June, 2003 and on 15 nd of February, 1994 (Journal of Law no 24, item 83 with of February, th : Poland : PLN : 38,500,000 ZAIKS : Stowarzyszenie Autorów : www.zaiks.org.pl : ZAIKS: Grzegorz Burakiewicz czystych nośników ds. ZPAV ZAIKS, SAWP, : Biuro : [email protected] : [email protected] : ul. Hipoteczna 2 : 00-092 : Warszawa : +48 (22) 827 606169 : +48 (22) 828 9204 : ul. Nalewki 8 : 01-158 : Warszawa : +48 (22) 620 01 98 : +48 (22) 620 01 98 POLAND It shall be permitted to use free of charge the work having been already disseminated for purposes of of charge the work having been already It shall be permitted to use free (…) personal use without the permission of the author. of people having personal The scope of personal use shall include use of single copies of works by a circle relationship. affinity or social and in particular any consanguinity, relationships, Currency Population Name organisation Website Contact person e-mail 1 e-mail 2 Stowarzyszenie Autorów ZAIKS Address Postcode City Phone Fax of blank media) ZPAV ds. czystych nośników (head office of ZAIKS, SAWP, ZPAV ZAIKS, SAWP, Biuro Address Postcode City Phone Fax Country further amendments). Regulations of Minister of Culture of 2 further amendments). Regulations of Minister of Culture Legislation and fundamental facts Copyright Law and Law on Neighboring Rights of 4 Contact Information 21. 2. Article 23. 1. Article 23 of the Polish Law on Copyright regulates the scope of the personal use: Article 23 of the Polish Law on Copyright regulates amending the Regulation on the specification of the categories of devices and carriers used for fixing works, amending the Regulation on the specification of the categories of devices and importers. and on the fees on account of their sale by producers 110 International Survey on Private Copying Law & Practice 2013 By theRegulationof2 ZPAV ZASP SFP Distribution inthevideosectoriscarriedoutby: ZPAV SAWP ZAIKS Distribution intheaudiosectoriscarriedoutby: collective managementorganisationsshallberesponsible forlevies’distribution. Producers andimportersofrecording mediaandequipmentare liableforpayment. also thelevelofleviespaidforthem(seeattachment). The MinisterofCulture andNationalHeritagedeterminesbyregulation thelistofdevicesandcarriers, 3. 2. 1. Article 20.1. Producersandimporters: Article 20ofthePolishLawonCopyrightregulates theremuneration system: Remuneration iscollectedthrough leviesonmediaandequipment. The MinisterofCulture andProtection ofNationalHeritageindicatedbyhisregulation of2 of thecollection. energy, rent andauditingcostsfrom theenterprisesobligedtomakepayments,e.g.in2012itwas6.83% personal costs,costsoftheofficestaff ofZAIKS,SAWP, ZPAV ofblankmedia,officesuppliesandequipment, Administrative costsforcollectingprivatecopyingleviesare asfollows: Management Organisations(ZAIKS,SAWP, ZPAV) appointedforcollectinglevies. Costs forcollectingprivatecopyingremunerations are directly incurred byCollective of Culture andProtection ofNationalHeritage.Theabove-mentionedorganisationshave nolegalmonopoly. Collective ManagementOrganisations(ZAIKS,SAWP, ZPAV) are appointedbytheregulation oftheMinister Związek Producentów ZPAV– Audio-Video producers phonogramsandvideograms artists Stowarzyszenie ArtystówWykonawcówUtworówMuzycznychiSłowno-MuzycznychSAWP –performing Stowarzyszenie AutorówZAIKS–creators Society: Collecting use madebytherightsowners theyrepresent. rights owners proportionally for fixing works, artistic performances,phonograms and videograms forpersonal ZPAV intheaudiosector, SFP, ZASP, ZPAV inthe video sector)distributeleviestotheorganizationsrepresenting Under thisRegulation,collective managementorganisationsresponsible forlevies’distribution(ZAIKS,SAWP, sale ofthosedevicesandcarriers. of phonogramsandvideograms,publishers,feesatnotmore than3%oftheamountduefrom the organizations specified in paragraph5 which act tothe benefit ofartists, artistic performers, producers the helpofdeviceslistedinsubparagraphs1and2–shallbeobligedtopaycollectivemanagement of blankcarriersusedforfixing,withinthescopepersonaluse,worksorobjects related rights,with part ofapublishedwork; of photocopiers, scanners andothersimilar reprographic devices whichallow to makecopiesofallor a of taperecorders, videorecorders andothersimilardevices; – forproducers phonogramsandvideograms – forperformingartists – forcreators – forproducers phonogramsandvideograms – forperformingartists – forcreators nd ofJune,2003theMinisterCulture determined theprocess oflevies’distribution. nd July2003that International Survey on Private Copying

Law & Practice 2013 111 of June, 2003 the process of costs distribution for distribution costs of process the 2003 June, of nd Frequency of distribution is determined on the basis of the agreements concluded by all organizations of distribution is determined on the basis of the agreements Frequency in question (e.g. creators). rights owners of the categories representing Distribution in the audio ZPAV ZAIKS, SAWP, are: for levies’ distribution Collective management organizations responsible video sector. in the ZPAV ZASP, SFP, sector, Import covers deliveries of goods within the European Community as well as deliveries from non-EU countries. as deliveries from Community as well Import covers deliveries of goods within the European The definition of an importer is specified in the Civil Code. Under the Art. 449 (5) § 2 CC an importer is The definition of an importer is specified in the Civil Code. Under the origin into domestic trade within the scope of its business of foreign a product anyone who introduces activity. Export refund procedures are not implemented in Polish legal regulations. are procedures Export refund Control: a professional for the collection of levies order collecting societies appointed by the Minister of Culture Three made by the enterprises paying levies. outside the company to check the accuracy of the settlements from to claim levies. obliged to take legal action collecting societies are not compliant, the If the liable parties are Producers and importers of devices and blank media shall be obliged to pay levies within two weeks at the and importers of devices and blank media shall be obliged Producers place. the sales took end of each quarter wherein Such a way of establishing the obligation to pay levies does not require legislation on the scope of the legislation on the scope of to pay levies does not require Such a way of establishing the obligation use. professional exception for equipment destined for Collection process Levies can be collected on devices and carriers destined for the private use of the purchaser only,. carriers destined for the private use of the purchaser Levies can be collected on devices and The basic criterion in the Polish system for the collection of levies on sales of devices/carriers by producers for the collection of levies on sales of devices/carriers by producers The basic criterion in the Polish system is based on their destination, for the purposes of private copying. and importers of a certain device/carrier Professional use: The Minister of Culture and National Heritage shall define by his regulation categories of devices and carriers categories of devices regulation shall define by his and National Heritage of Culture The Minister works, and the designed capacity of a device and carrier to reproduce as well as the fees, on the basis of the of works. reproduction for functions other than use thereof Rate setting and carriers and of devices the list determines by regulation and National Heritage of Culture The Minister also the level of levies paid for them. The Minister of Culture indicated in the Regulation of 2 of Regulation the in indicated Culture of Minister The Collective management organisations responsible for levies’ distribution (ZAIKS, SAWP, ZPAV in the audio ZPAV (ZAIKS, SAWP, for levies’ distribution responsible management organisations Collective by all concluded the agreements on the basis of divide levies in the video sector) ZPAV ZASP, SFP, sector, to particular categories which part of the levies is due rights owners, and determine organizations representing performances, which cover the use of works, artistic taking into account survey results of rights owners after performances, and scope of fixing works, artistic the structure videograms and reflect phonograms and for personal use. phonograms and videograms Collective management organisations responsible for levies’ distribution (ZAIKS, SAWP, ZPAV in the audio ZPAV distribution (ZAIKS, SAWP, for levies’ organisations responsible Collective management deducting collected levies for private copying after in the video sector) divide the ZPAV ZASP, SFP, sector, (claims) and division. their collection through documented costs incurred and appropriately reasonable private copying. 112 International Survey on Private Copying Law & Practice 2013 of 4 The distributionschemesare determinedonthebasisofCopyrightLawandNeighboringRights − − − There are three categoriesofrightsholders: takes place. by organizationsindicatestherelation betweentheproducts leviedandthecategoryinwhichdistribution organizations representing rights ownersafter taking intoaccountsurvey results. The surveycommissioned sector, SFP, ZASP, ZPAV inthevideosector) divide levies on thebasisofagreements concluded byall Collective managementorganizationsresponsible forleviesdistribution(ZAIKS,SAWP, ZPAV intheaudio Distribution schemeother: In thissectortheorganizationsresponsible forlevies’distributionare: SFP, ZASPandZPAV. producers:Video Performers: Authors: Distribution scheme, video: In thissectortheorganizationsresponsible forlevies’distributionare: ZAiKS,SAWP andZPAV. Phonogram Producers: Performers: Authors: Distribution scheme, audio: levies tovariouscategoriesofrightsowners,andtheirpercentage share sector. oftheAudioandVideo Article 20,Section2oftheCopyrightLawandonNeighboringRightsdeterminesdistribution schemes: Distribution There amendmentstothelegalregulations isadiscussionandlegaldevelopment concerning ofCopyright. Legal developments not determinedbythelawenactedState,andare madeinaccordance withthestatutesofasociety. or cultural purposes are applied by societies responsible for distribution to their members. The deductions are distribution ismadebysocietiesrepresenting variouscategoriesofrightsholders)possibledeductions forsocial In thePolishtwo-gradedistributionsystem(thefirst:statutoryintwosectors;second: Social andculturalfunds,collectivepurposes − − − th producers ofphonogramsandvideograms performing artists creators ofFebruary, 1994,andbytheregulation oftheMinisterCulture andNationalHeritage. 40%. 25%, 35%, 25%. 25%, 50%, International Survey on Private Copying

Law & Practice 2013 113 1.72 2.89 3.00 3.00 3.00 0.47 0.76 0.76 0.70 0.17 1.04 0.19 0.74 0.69 0.96 0.98 0.54 0.05 0.94 1.71 1.00 1.00 1.54 2.28 2.03 1.14 1.08 0.30 3.00% equipment or carrier The percentage (%) of the fee The percentage (%) of deducted from the sale price of the deducted from the sale Device or carrier Tariffs, Poland Tariffs, MP3 Single Function CD-R 12 cm Stacking hi-fi with tape recorder and CD player with a recording Stacking hi-fi with tape recorder and CD player function recording function Stacking hi-fi with DVD/CD player with FLASH player with a recording Stacking hi-fi with tape recorder and DVD function Stacking hi-fi with hard disc/FLASH Radio-cassette recorder with CD player a recording function Radio-cassette recorder with CD player with Radio-cassette recorder Radio with MD player with a recording function Radio with CD player with a recording function Radio with CD player with a recording function FLASH CD player with a MD player with a recording function MD player with a recording function Computer hard disc STANDARD Other computer hard discs included in the remaining devices allowing fixing of works or subjects under the neighboring rights, including audio or audio-visual Computer CD recorder Computer DVD recorder recorder Tape Multifunctional multimedia player of MP3 format Car stereo set comprising a CD player with recording functions Car stereo set comprising a CD player with recording into other carriers function CD-RW 12 cm Cassette DAT MD record (MiniDisc) Audio Cassette semiconducting Massive Memory card (including pen drive and other Storage Devices) Stacking hi-fi with tape recorder and CD player player Stacking hi-fi with tape recorder and DVD 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. No. List of tape recorders and other similar devices as well as blank carriers and the amount of fees collected therefrom carriers and the amount of fees collected and other similar devices as well as blank List of tape recorders Table 43: Table Remunerations / Levies Remunerations 114 International Survey on Private Copying Law & Practice 2013 Table 43: In 2012 ‘Audio’ and ‘Video’ intotal:€1,668,677(1=PLN4.0882[exchangerateof 31.12.2012]) In 2012‘Audio’and‘Video’ intotal:€1,754,535(1=PLN4.4168[exchangerateof 31.12.2011]) In 2011‘Audio’and‘Video’ intotal:€1,907,588(1=PLN3.9603[exchangerateof31.12.2010]) In 2010‘Audio’and‘Video’ Additional Information: Table 44: Revenues No. 24. 23. 22. 21. 20. 19. 18. 17. 16. 15. 14. 13. 12. 11. 10. 9. 8. 7. 6. 5. 4. 3. 2. 1. List ofvideorecordersandothersimilardevicesaswellblankcarrierstheamountfeescollectedtherefrom Audio Revenues Video Revenues Total Revenue Total Audio Total Video TV setcomprisingDVDrecorderandharddisc TV setcomprisingDVDrecorder TV setcomprisingharddisc TV setcomprisingvideorecorder hard disc Disc memorywhichregistersAV stream(includingdigitalTVdecoderwith High Definitionplayerwithrecordingfunctionandharddisc High Definitionplayerwithrecordingfunction DVD andVHSprofessionalplayerwithrecordingfunctionharddisc DVD andVHSplayerwithrecordingfunction DVD playerwithrecordingfunctionandharddisc DVD playerwithrecordingfunctionintoothercarrierviaUSB DVD playerwithrecordingfunction Video playerwith recordingfunction Video recorder HD DVDorBlu-Raycomputerrecorder VHS/D cassette VHS cassette HD DVD-RW12cm HD DVD-R12cm Blu-Ray RE12cm. Blu-Ray R12cm DVD RAM12cm DVD-RW 12cm DVD-R 12cm Tariffs, Poland(continued) Revenues, Poland Device orcarrier 1,907,588 1,606,780 2010 (€) 2010 (€) 300,808 1,754,535 1,451,327 2011 (€) 2011 (€) 303,208 The percentage(%)ofthefeededucted from thesalepriceofequipmentor

carrier 1,668,677 1,368,315 0.87 0.35 0.51 0.51 0.87 1.85 1.21 1.86 2.23 2.23 0.27 1.46 2.35 2.14 1.89 3.00 3.00 2.44 2.10 2.10 2.10 3.00 2.95 2.53 2012 (€) 2012 (€) 300,362 International Survey on Private Copying

Law & Practice 2013 115 : Portugal : Euro : 10,788,126 para a Gestão da Cópia Privada : AGECOP – Associação : www.agecop.pt : [email protected] Estados Unidos da América, 94, 7.º B : Av. : 1700-178 Lisboa : Lisboa : +351 21 848 66 05 : +351 21 848 66 07 PORTUGAL Currency Population Name organisation Website e-mail 1 Address Postcode City Phone Fax Country Distribution schemes are set in the Law. As the members of AGECOP can only be collecting societies, distribution set in the Law. Distribution schemes are equipment and blank from to rights holders is made by them. AGECOP distributes as follows: remunerations artists authors; 30% for collecting societies representing media – 40% for collecting societies representing Remunerations from music and video producers. and performers; 30% for collecting societies representing authors and 50% for collecting societies representing photocopies – 50% for collecting societies representing publishers. Collecting Society: all the in 1998. Our members are AGECOP: The incorporation of AGECOP was mandatory and was made and performers, publishers and music authors, artists colleting societies existing in Portugal and representing and video producers. Liable for payment are importers, manufacturers, traders or others. importers, manufacturers, Liable for payment are Concerning the remunerations over equipment and blank media, which benefit music and audiovisual rights Concerning over equipment and blank media, which benefit the remunerations to collect when the first sale of the obliged of such items are holders, all importers and manufacturers rights holders, the collection is made reprographic that benefit takes place. As for remunerations product AGECOP. into contracts with by all the public and private entities that sell photocopies, which have entered Definition of private copy according to law or as a result of litigation. to law or as a Definition of private copy according The collection of remunerations for private copy is imposed by Law 62/98, amended by Law 50/2004, for private copy is imposed by Law 62/98, amended by Law 50/2004, The collection of remunerations to the established articles 81 and 82 of the Copyright Code. The by Parliament, pursuant both approved both for audiovisual and for private copy is made by AGECOP, collection and management of remunerations reprography. Legislation and fundamental facts Legal basis: Contact Information 22. 116 International Survey on Private Copying Law & Practice 2013 Professional use: use: Professional and privateentitiesthatsellphotocopiesare obligedtoreport thenumberofcopiesworksmadeeachyear. AGECOP andalsototheInspectionofCulturalActivities,abodyMinistryCulture. Also,thepublic to reportexportsandexemptionsforprofessional dataconcerning uses.Allthehastobereported to equipment andcorresponds to3%ofthenetsellingprice).Inaddition,importersandmanufacturers have price, astheremuneration iscalculatedoversuchamounts(theremuneration isonlycollectedforanalogue obliged toreport thenumberofblankmediasold;asforequipments,theyalsohavetoreport thesale Importers andmanufacturers ofequipmentandblankmediasubjecttotheprivatecopyremuneration are The Legislatordeterminesthelevies. Rate setting copyright-related matters. as workshops,scholarships,etc.,andinactivitiesto promote publicawareness andtheinvestigationof amounts collectedforcollectivepurposes.The retained are investedinculturalactivities,such There isasocialand/orculturaldeduction. TheLawestablishesanobligationtoretain 20%ofthetotal Social andculturalfunds,collectivepurposes societies representing publishers. Remunerations from photocopies–50%for collecting societiesrepresenting authorsand50%forcollecting representing artistsandperformers;30%forcollecting societiesrepresenting musicandvideoproducers. equipment andblankmedia–40%forcollecting societies representing authors;30%forcollectingsocieties societies, distribution torights holders ismadebythem.AGECOPdistributesasfollows: remunerations from Distribution schemes: Distribution schemes are set in the law. As the members of AGECOP can only be collecting Distribution schemesare setbylaw. As themembersofAGECOPcanonlybecollectingsocieties,distributiontorightsholdersismadebythem. Distribution are requested bytheVAT services whenapplyingforaVAT refund. In order toberefunded forexports,importersandmanufacturers havetopresent thesamedocumentsthat supervise thecompliancewithprivatecopylegalregulations. remuneration overthesellingpriceofphotocopies.Alladministrativeandpoliceauthoritiesare competentto We alsohavesuchpowersoverpublicandprivateentitiesthatentered intocontracts topaythe AGECOP canaudittheaccountsofallimportersthathaveentered intocontractswithAGECOP. media are duequarterly. The remunerations overphotocopiesare dueonceayearandtheremunerations from equipmentandblank Collection process Professional userscanobtainarefund. making entitiesofaculturalnature fortheusethereof inprojects ofarelevant publicinterest. disability, aswellas,pursuanttoajointorder from theMinistersforFinanceandCulture, bynon-profit- which usethemforpurposesexclusivelyconnectedtoproviding assistancetopeoplewithavisualorhearing communication bodies or by producers of phonograms or videograms for their own productions, or by bodies The remunerations shallnotbeduewhentheequipmentormediaare exclusivelyacquired byaudiovisual International Survey on Private Copying

Law & Practice 2013 117 2012 (€) € 1,179,084 per unit per unit per unit per unit per unit per unit per unit per unit per unit per unit per unit per unit per unit Capacity 2011 (€) € 2,292,392 0.14 0.19 0.13 0.19 0.05 0.14 0.27 0.26 0.14 0.30 0.14 0.30 1.00 Tariff Tariff VIDEO LEVIES AUDIO LEVIES 2010 (€) € 2,359,418 Blank Media Revenues, Portugal Tariffs, Portugal Tariffs, Blank Media Minidisc Audio-CD R Audio-DC RW Data-CD R Data-CD RW CD 8 cm Audiocassette DVD+ R DVD- RW DVD- R DVD- RW DVD RAM Videocassette TOTAL Table 46: Table Revenues Table 45: Table Remunerations / Levies Remunerations 118 International Survey on Private Copying Law & Practice 2013 − Contact Information 23. other societies entitledtobenefitfrom this right. The UnionofPhonogramProducers inRomaniadistributestheamounts collected from privatecopyingtothe collecting societies–authors, performers,etc.). Administrative costsforcollection are 2%ofthetotalamount(thisincludes distributioncostsforother private copyingtotheother societiesentitledtobenefitfrom thisright. monopoly. TheUnionofPhonogramProducers inRomaniaannually distributes theamountscollectedfrom in Romania(ORDA)asthesolecollectingsocietyfor private copyingforaudiovisualworks.Ithasalegal The UnionofPhonogramProducers inRomania. In2005,UPFRwasappointedbytheCopyRightOffice Society: Collecting − the economicagentsthatmanufacture orimportintoRomania’s territory: Private copyingisacompensatoryremuneration establishedbyLawno.8/1996,andthelevyistobepaid ORDA’s Decisionno.61/2009containsnewdevicesandmedia. Law no.329/2006containsnewpercentages fordevicesandmedia. ORDA’s Decisionno.107/2005containsthelistofdevicesandmedia. Private copyingissubjecttoacompensatoryremuneration establishedbyLawno.8/1996(14.03.1996). basis: Legal Legislation andfundamentalfacts Phone/Fax Address e-mail 2 e-mail 1 Contact person2 Contact person1 Website Name organisation Population Currency Country − − Devices formakinganalogicalordigitalcopies. Storage Mediapermittinganalogicalordigitalsoundand audiovisualrecordings; ROMANIA : 021.222.20.45/3 :  : [email protected] : [email protected] : SimonaIsac : AdinaScriosteanu : www.upfr.ro : TheUnionofPhonogramProducers inRomania : 19,000,000 : LEI : ROMANIA Bucharest, Romania–PostalCode011145 Blvd,Sector1, 88b NicolaeTitulescu (2012) € 1,00=4.4560LEI

International Survey on Private Copying

Law & Practice 2013 119 – Performers - Producers – Authors – Producers – Performers – Authors 33.33% 33.33% 30% 30% 40% 33.33%

Digital process copy:

UPFR also won a court case over the payment of private copying for intra-community acquisitions. UPFR also won a court case over the payment of private copying for intra-community UPFR won all the court cases involving the payment of private copying, including any late payment penalties UPFR won all the court cases involving the payment of private copying, including adjusted for inflation. There are customers who are not willing to pay, and these are taken to court. Up until now, there have been there taken to court. Up until now, and these are not willing to pay, customers who are are There on private copy system or on revenues. having an effect no indications that court decisions are Other developments; disputes/court cases regarding the system, certain products, professional use or other Other developments; disputes/court cases regarding the system, certain issues relating to the private copying system Legal developments have been no changes or discussions. For 2013 in 2009. Since then there The last change was introduced is nothing planned either. there Social and cultural funds, collective purposes is no social and/or cultural deduction. There Analogue process copy: The Union of Phonogram Producers in Romania distributes monthly to authors, performers and producers. producers. and performers authors, to monthly distributes Romania in Producers Phonogram of Union The stated by Law. Distribution schemes are There is a dispute over the receivers offered by the cable operators which have also recording functions. also recording by the cable operators which have offered is a dispute over the receivers There Distribution Payment is due monthly. Part of UPFR’s legal task is to undertake regular checks on the declaration by regular legal task is to undertake Part of UPFR’s Payment is due monthly. of the companies. checking the accounting documents There are no specific products excluded. The list of devices and media for compensatory remuneration is and media for compensatory excluded. The list of devices no specific products are There and can be updated every 3 years. decision established by ORDA’s Collection process Professional use is not taken into account. use Professional There is only one criterion: the purpose of the device. If the device is for recording purposes the remuneration the remuneration purposes If the device is for recording criterion: the purpose of the device. is only one There the tax value. 3% from is purposes, the remuneration tax value; if the device is for storage the is 0.5% from The rate is set by law; the collecting societies negotiated with users’ representatives and an arbitration court an and representatives with users’ negotiated law; the collecting societies by set The rate is established the list of media and devices. nominated by ORDA Rate setting Administrative costs for distributing are 15% of UPFR’s share for distribution to UPFR members (this includes to UPFR members for distribution share of UPFR’s 15% are costs for distributing Administrative costs for collecting private copying remunerations). the administrative 120 International Survey on Private Copying Law & Practice 2013 Table 47: Remunerations /Levies all tariffs are percentages ofCIFvalue(importor baseprice). Additional information: Mobile phonewithinternalmemory(>64MB) MP4, WAV, IMODoranylaterversion AVI, MPEG-1,MPEG-2,MPEG-4,XVID,DIVX,XVID/VCD, SVCD,DVD,ACC,WMA, WMV, ASF, MP3, TV anddigitalrecorderswithHDDorbuilt-instoragemedium,MP4 player, I-podmediaplayerwith External HDDwithaudio-videoin/outsocket HD-DVD recorder(external) Blu-ray recorder(external) Mp3 recorder Video recorder Minidisk recorder Audio recorder USB stick Memory card Computer harddisk DVD recorder(external) Built-in DVDwriter DVD writer(internal) CD recorder(external) Built-in CDwriter CD writer(internal) Mp3 player HD-DVD Blue ray DVD +R/RW Videocassette Data –CDR/RW Audio CDR/RW Minidisc Audiocassette Tariffs, Romania Device levies Audio levies Video levies 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% Levy Levy Levy 3% 3% 3% 3% 3% 3% 3% 3% Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Capacity Capacity Capacity International Survey on Private Copying

Law & Practice 2013 121 12 31 31 145 254 315 126 1,617 3,121 1,864 8,193 1,147 39,128 39,539 15,094 14,430 59,453 24,764 24,394 46,602 192,640 194,288 2012 (€) 2012 (€) 2012 (€) 2012 (€) 1,478,855 1,767,906 2,001,733 10 10 11 414 409 591 951 291 2,344 5,083 1,792 40,779 59,693 59,994 19,735 19,098 42,193 12,980 43,197 20,974 38,732 38,937 2011 (€) 2011 (€) 2011 (€) 2011 (€) 1,439,269 1,541,873 1,103,496 80 611 153 164 153 556 614 351 578 734 4,714 43,326 44,595 58,996 59,313 21,314 22,349 31,815 41,363 10,977 16,031 22,084 866,068 970,012 622,634 2010 (€) 2010 (€) 2010 (€) 2010 (€) Revenues, Romania Video Revenues Video Audio Revenues Device Revenues Audiocassette Minidisc CD blank Data CD R/RW Total ‘Audio’ Total Cassettes DVD+R/RW Blu ray disc Total ‘Video’ Total Memory card USB stick HD DVD recorder Audio recorder Video recorder Video CD writer/recorder DVD writer/recorder Mobile phones Mp3 recorder TV and digital recorders Built-in CD writer Built-in DVD writer External hard disk Built-in hard disk Total ‘Devices’ Total Total Revenues Total Table 48: Table Revenues 122 International Survey on Private Copying Law & Practice 2013 Contact Information 24. RUR distributesremuneration directly tothe rightsholders. be upto15%.Thecurrent rateis15%. Administrative costsforcollecting privatecopyingremunerations: inaccordance with thelaw, deductionscan Appointed bytheMinistryofCulture according totheCivilCode.RURisamonopolyorganization. the collectionanddistributionofprivatecopyingremunerations toallrightsowners. Russian UnionofRight-holders.RURisthesoleorganization withinRussianterritorythat Society: Collecting manufacturers are liableforpayment. Importers intotheterritoryofRussiaandlocal The levysystemissetupbytheRussianGovernment. the manufacturers andimportersoftheequipmentmaterial mediausedforthereproduction/playback. purposes. Suchafeeisofcompensatorynature andispayabletorightsholdersfrom thefundspayableby a feeforfree reproduction/playback ofthesoundrecordings andaudiovisualworksexclusivelyforpersonal The authors,performers,andmanufacturers ofsoundrecordings andaudiovisual worksare entitledtoreceive Article 1245oftheCivilCodeRussianFederation. basis: Legal Legislation andfundamentalfacts Fax Phone City Postcode Address e-mail 2 e-mail 1 Contact person2 Contact person1 Website Name organisation Population Currency Country RUSSIA : +74959885089 : Moscow : 127055 : bld.73/1,Novoslobodskaya : [email protected] : [email protected] : Andrey Krichevskiy : ErikValdes-Martines : www.rp-union.ru : RussianUnionofRight-holders : 142,000,000 : Rouble : Russia isresponsible for € 1,00=43 International Survey on Private Copying

Law & Practice 2013 123 40% Authors of musical works 30% Performers of musical works of musical works. 30% Manufacturers 40% Authors of audiovisual works 30% Performers of audiovisual works of audiovisual works 30% Manufacturers Authors of musical and audiovisual works Performers (singers and actors) or audiovisual works. of sound recordings Manufacturers Social and cultural funds, collective purposes than 20% of the should not be more which RUR is obliged to deduct a sum for social and cultural purposes total collections. 2. 3. video: Distribution scheme, 1. 2. 3. Distribution schemes: audio: Distribution scheme, 1. 2. 3. the Civil Code of the Russian Federation. by law, determined The distribution schemes are 1. According to the law, the importer is a person who is responsible for the imported goods to be declared to to be declared for the imported goods the importer is a person who is responsible to the law, According by Russia, Belorussia and Kazakhstan. is represented the Customs Union. The Customs Union Distribution of payment is distributed no less than once a year (frequency to the RUR statute the remuneration According remuneration is allocated twice a year. is fixed by the bodies of RUR). For the time being, the The exporters have the right to claim a refund for paid levies if they confirm that the equipment has not been for paid levies if they confirm that the equipment has not been a refund The exporters have the right to claim used on the territory of the Russian Federation. RUR sues the liable parties who are not compliant and/or take other legal actions. not compliant RUR sues the liable parties who are Payment is due once a quarter unless the agreement states otherwise. the agreement Payment is due once a quarter unless Collection process into the territory of the Russian depend on the import frequency The terms of payments by the liable parties Federation. There are no specific groups that do not have to pay except for the companies importing and producing producing that do not have to pay except for the companies importing and no specific groups are There private use do not fall within the scope of the made for professional equipment. The products professional copying system. The current legislation in Russia (cf. 4 art.1245 of the Civil Code) exempts from levies the manufacturers of the manufacturers levies Code) exempts from in Russia (cf. 4 art.1245 of the Civil legislation The current of such manufacturers not used in private. The number equipment that are and professional exported products is limited by law. Professional use does not count as private copying in Russia. Professional equipment is not levied. This does equipment is not in Russia. Professional does not count as private copying use Professional the tariff. not affect Criteria for determining the levies/remuneration are: 1) copying behaviour of consumers; 2) reproduction/ 2) consumers; of behaviour copying 1) are: levies/remuneration the determining for Criteria for personal purposes. playback; 3) copying Levies/remuneration are determined by the Russian Government. are Levies/remuneration Rate setting 124 International Survey on Private Copying Law & Practice 2013 In 2012,234,580,326.39RURwere dedicated. the organization.Alldeductionsare transferred totheFundswhichare responsible forfurtheractions. The decisionistakenbytheCouncilofRUR,andafterwards itmustbeimplementedbythemanagementof (art. 1243 (4)oftheCivilCode). Deduction for social and cultural purposes is set up by law and should be approved by the rights holders 4. 3. 2. 1. The listcontainsanumberofequipmentandmaterialmediawiththefollowingfeatures: The listofequipmentandmaterialmediaissetupbytheGovernment. The feeis1%oftheproduction priceperunitofequipmentandmaterialmedia. Remunerations /Levies Table 49: total collectioncanbeprovided. RUR doesnotsplittheallocatedcompensationbetweentypesofequipment.Onlyfinalfigures ofthe Revenues Total collections Semi-conductor media Optical media Magnetic tapesandmagneticdiscs combined withvideo-tuneronmagnetictape,DVD-players,etc,). optical orsemi-conductormedia,video-recording orvideo-reproducing equipmentcombinedornot reproducing equipment(includingcassetteplayers)havingasound-recording deviceandusingmagnetic, conductor media(Centralmemoryunits,unitsondiscs,magnetictapesandothermedia,sound- Equipment having a sound-recording or video-recording device and using magnetic, optical or semi- Revenues, Russia € 952,484.9 2010 (€) € 17,094,833.38 2011 (€) € 27,276,782.10 2012 (€) International Survey on Private Copying

Law & Practice 2013 125 : Slovak Republic : EUR : 5,397,036 and Mechanical Rights Society : SOZA – Slovak Performing : www.soza.sk Očkay Marek : Mgr. Mikš Tomáš : Mgr. : [email protected] : [email protected] : Rastislavova 3 : 821 08 : Bratislava : +421 2 55 569 363 : +421 2 55 569 409 SLOVAKIA A natural person may make a copy of a work released for his personal use and for, whether directly or whether directly use and for, for his personal A natural person may make a copy of a work released not result does the work use of consent; such author’s the purposes without non-commercial indirectly, author. to the in obligation to pay remuneration by transferring the work on paper A natural person or a legal entity may make a copy of a work released technical other or reproductions printed making for device technical a of means by basis similar other or of form other or sale by distributed publicly be may copy a such consent; the author’s without equipment to the author. in obligation to pay remuneration transfer of the title. This use does not result be entitled to the 1, shall The author of the work, a copy of which may be made pursuant to par. compensation of remuneration. be entitled to the 2, shall The author of the work, a copy of which may be made pursuant to par. compensation of remuneration. Currency Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Country Remunerationfor the or equipment on the market in the Slovak Republic device the blank carrier, The person that places levied onother or country third a from importer state, member a from recipient producer, i.e. – thereof sale of purpose media and Slovak market. person who places the carriers or devices on sale for the first time on the equipment (devices). Definition of private copy system set in Article 24 of Copyright Act No. 628/2003 Coll.: Definition of private copy system set in Article 24 of Copyright Act No. 628/2003 1. 2. 3. 4. Legal basis: Act No. 618/2003 Coll. on Copyright and Rights Related to Copyright Legislation and fundamental facts Contact Information 25. 126 International Survey on Private Copying Law & Practice 2013 Rate setting societies, whichare responsible inturn fordistributionofremunerations torightsholders. The collectingsocietyisresponsible fordistributionofremunerations totheabove-mentionedfourcollective collected amountofremuneration. Joint administrativecostsforcollectinganddistributingprivatecopyingremunerations represent 10% ofthe representing different rightsholders(bygeneralrepresentation agreement betweenthesocieties). SOZA, appointed by rights holders – SOZA, OZIS, LITA, SLOVGRAM – collective management organisations Society: Collecting relevant entitiesintheSlovakmarket. Otherthanthediscussion currently taking placewithinEUauthorities We are discussingthecollection ofremuneration HDDswiththe formobilephones, tabletsandinternal Legal developments There isnodeduction. Social andculturalfunds,collectivepurposes 24.48% 26.52% holders). Distribution schemes are agreed onbetweenrespective collective management societies (ergotherights Distribution isto: with therespective organisation(society)onayearlybasis. Each ofthefourabove-mentionedcollectivesocietiesdistributestorespective rightsholdersassociated Distribution carriers ordevicesonsaleforthefirsttimeSlovakmarketare considered theimporter. Producers, recipients from a member state, importers from a third country or other persons who place the Liable partiesare HDD. notleviedonmobilephones,tablets,internal Exports are exempted. Market control iscarriedoutbyexchangingdatawithseveralstatebureaux, mainlywith thecustomsoffice. Payment isduequarterly. Collection process or recipient. The remuneration shall not be paid for levied objects that will be used for the personal use of the importer Levies are setdirectly bytheSlovakCopyrightAct.Thecriteriausedare undisclosedbythelegislator. 39.4% 9.6% SLOVGRAM (performersandproducers ofphonograms) OZIS (performers) SOZA (musicalworks–writers,composersandpublishers) LITA (literary, dramatic,audiovisual,choreographic, photographic worksandvisualarts) – SLOVGRAM(performersandproducers of phonograms) – OZIS(performers) – SOZA(musicalworkswriters,composersandpublishers) – LITA (literary, dramatic,audiovisual,choreographic, photographicworksandvisualarts) International Survey on Private Copying

Law & Practice 2013 127 Capacity Capacity 76,061 120,557 236,470 2012 (€) 2012 (€) 2012 (€) 75,756 141,623 165,369 2011 (€) 2011 (€) 2011 (€) Tariff Tariff Tariff Tariff 6% of sale or import price of the carrier [01.01.2004] 6% of sale or import price price of the carrier 6% of sale price or import [01.01.2004] 3% of sale or import price of the device [01.01.2004] 3% of sale price or import price of the device [01.01.2004] 112,216 104,560 475,067 2010 (€) 2010 (€) 2010 (€) Devices Blank Media Hardware, PC, HDD Revenues, Slovakia Tariffs, Slovakia Tariffs, Devices revenues Audio revenues (media) Video Revenues (media) Video Optical Storage media Optical Storage media Flash Media Consumer electronics Mobile Phones Total audio Total Total video Total Total ‘devices’ Total Additional Comments: accounting categories – audio (media), video (media) and devices. have only three We Additional Information REVENUES: TOTAL 2010: 691,843€ 2011: 382,748€ 2012: 433,088€ Revenues 51: Table Additional Comments: 3% of the sale or import price of any device, 6% of the sale or import price for the levies. The Slovak Copyright Act sets a fixed tariff personal computers of 0.5% of the sale or import price for is separate tariff content. There of any carrier capable of copying protected built-in HDD. of the computer’s Table 50: Table Remunerations / Levies (Vittorino’s recommendations), there are no discussions, law changes or reforms taking place with respect to with respect taking place law changes or reforms no discussions, are there recommendations), (Vittorino’s the theme of this questionnaire. 128 International Survey on Private Copying Law & Practice 2013 Contact Information 26. individual rightsholders. The administrativecostsforcollectinganddistributing are 7%.Collectingsocietiesdistributedirectly to Ministry ofCulture. In accordance with the new regulations, collecting societies receive the corresponding amount from the Society: Collecting There isaState-fundedsystem. Definition ofprivatecopyaccording tolaw. copying ontheStateBudget. On December7,2012,theRealDecreto 1657/2012regulated theprocedure forthepaymentofprivate Art. 25oftheConsolidatedText of theSpanishLawonIntellectualproperty (Law23/2006,of7July). basis: Legal Legislation andfundamentalfacts Fax Phone City Postcode Address e-mail 2 e-mail 1 Contact person2 Contact person1 Website Name organisation Population Currency Country SPAIN : 913499715 : 913499550 : MADRID : 28004 VI,4 : Fernando : : [email protected] : : MariaJ.Raudona : www.sgae.es : SGAE : 47,265,321 : € : Spain International Survey on Private Copying

Law & Practice 2013 129 – 25% – Music performers – 25% Phonomechanical producers – 50% Authors and publishers – 6.67% Music performers – 26.67% Audiovisual performers – 0.42% Audiovisual authors – 33.33% Audiovisual producers – 32.91% Authors and publishers the number of copies, excluding those made with devices and media that have not been made available and media that have not been made excluding those made with devices the number of copies, private copying; for uses other than clearly reserved are to private users, and of the original by the copy; of substitution the degree category; of each recording the average unit price made. character of recordings the digital or analogue − − − − Legal developments in Spain. It could mean in practice the Law pending approval is a new Intellectual Property there Currently of its traditional remit. complete elimination of private copying, by the drastic reduction There is a Social and/or Cultural deduction of 20%, which is determined by law. For SGAE the FUNDACIÓN the SGAE For law. by determined is which 20%, of deduction Cultural and/or Social a is There allocated. of funds. In 2012, €8,462,013 were for the allocation AUTOR is responsible Social and cultural funds, collective purposes Distribution scheme, video: Distribution scheme, AIE AGEDI SGAE AISGE DAMA EGEDA SGAE Distribution scheme, audio: Distribution scheme, AIE Distribution schemes are determined by law. Each management society distributes to his rights holders. SGAE Each management society distributes by law. determined schemes are Distribution of music, audiovisual and dramatic works quarterly. distributes to authors and publishers The Ministry of Culture pays out once a year. The Ministry of Culture Distribution Refunds are not applicable; remuneration is charged on the State budgets. not applicable; remuneration Refunds are Collection process Is one of the criteria for determining remuneration paid by the Government. remuneration Is one of the criteria for determining Professional use The damage actually caused to the rights holders as a result of reproduction of works which have been of works which of reproduction a result caused to the rights holders as The damage actually the main criteria are: calculate this damage, To accessed legally. − − − − The amount is based upon: The amount is based There are no levies, but an amount fixed by the Ministry of Culture in State budgets. of Culture but an amount fixed by the Ministry no levies, are There Rate setting 130 International Survey on Private Copying Law & Practice 2013 Table 52: Revenues Remunerations /Levies societies was5,000,000€. In 2012,wehavereceived only1,559,489.76€from toallcollecting theStatebudgets;totalamountpaidbyGovernment Additional Comments: USB (videoshare) USB (audioshare) Memory card(videoshare) Mobile Phones Memory card(audioshare) hard disc Digital tunerdecoderwith Video DVDR/RW DVD recorder TV harddriverecorderwith DVD-R/RW (videoshare) TV harddiscrecorder DVD-R/RW (audioshare) TV withDVDrecorder Audio CD-R/RW External harddisc(Video) Data CD-R/RW(videoshare) External harddisc(Audio) Data CD-R/RW(audioshare) DVD recorder CD/DVD recorder(Video) MP3-player CD recorder(external) MP4 (videoshare) MP4 (audioshare) CD recorder(videoshare) CD/DVD recorder(Audio) DVD recorder Hardware, PC,HDD Blank Media Revenues, Spain Devices 18,582,770€ 18,100,310€ 2,440,678€ 3,289,601€ 2,021,136€ 7,280,419€ 2,058,708€ 1,529,133€ 3,629,177€ 8,620,682€ 5,559,184€ 2,041,461€ 3,590,408€ 211,883€ 285,581€ 272,195€ 614,979€ 325,046€ 906,625€ 137,567€ 469,676€ 129,053€ 2010 (€) 2010 (€) 16,446€ 45,402€ 10,605€ 76,20€ Optical Storagemedia VHS recorder Flash Media 17,843,540€ 14,572,592€ 2,144,860€ 2,889,158€ 1,249,392€ 3,747,350€ 1,231,108€ 1,960,514€ 6,062,843€ 2,976,693€ 1,816,303€ 2,525,099€ 186,202€ 250,817€ 866,844€ 316,538€ 215,580€ 489,766€ 251,491€ 127,768€ 2011 (€) 2011 (€) 34,032€ 97,917€ 337,54€ 5,592€ 2,371€ 56,40€

2012 (€) 2012 (€) International Survey on Private Copying

Law & Practice 2013 131 € 1.00 = 8.76 SEK : Sweden : SEK : 9,500,000 : Copyswede : www.copyswede.se Jalamo : Tanja : Egil Ekbom : [email protected] : [email protected] : Alströmergatan 12, 7 tr : 112 47 : Stockholm : 08-545 667 00 : 08-667 88 11 SWEDEN Currency Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Country The company is divided into separate business areas. During the year in progress, Copyswede analyses what in progress, During the year The company is divided into separate business areas. The to be attributed to each area. costs are issues and what of work should be spent on different proportion cost of distributing private copying was 8.03% in 2012. The cost of collecting private copying remunerations was 4.47% in 2012. remunerations According to Article 26 m of the Copyright Act, an organization representing a substantial number of Swedish Act, an organization representing to Article 26 m of the Copyright According remuneration. authors and holders of neighbouring rights in the field concerned is entitled to collect the to collect the remuneration. Copyswede is tasked by its member organizations and co-operative partners Swedish authors and performers, and Copyswede have partnership (The member organizations represent and phonogram producers). with TV and radio corporations and organizations of film agreements Collecting Society: and distribution of the remuneration. for the collection Copyswede is responsible Levy system. Importers and manufacturers are liable for payment. Retailers have the possibility to take over liable for payment. are Levy system. Importers and manufacturers and pay the levy. an importer to report from the responsibility According to Article 12 of the Copyright Act anybody is entitled to make, for private purposes, one or a few a or one purposes, private for make, to entitled is anybody Act Copyright the of 12 Article to According an make copies from confer a right to does not public. The provision works that have been made copies of illegal source. Legal basis: Copyright Right Act (1960:729), Section 26 k-m. Legislation and fundamental facts Contact Information 27. 132 International Survey on Private Copying Law & Practice 2013 organisations ofrightsholders. Copyswede isresponsible fordistributiontorightsholders,bothdirectly toindividualrightsholdersorthrough organizations forfunctionallydisabledpersonsare exemptedfrom thelevy. The lawprovides anexplicitexceptionregarding salesforprofessional use.According tothelaw, allsalesto other purposesortoavoidmarketdisturbance. the materialsupportorotherconditionsonmarket.Thisapplies,forexample,ifproducts are usedfor private copies,oriftheremuneration isunreasonably high,takingintoaccountthecircumstances relating to criteria are, forexample,iftheauthorshaveinsomeotherformreceived compensationforthemakingof The lawcontainscertaincriteriatoreduce thelevies(inpracticethisisachievedthrough negotiations).Those The leviesare fixedinthelawbuthavepracticebeensetthrough negotiations. Rate setting issues relating totheprivatecopyingsystem Other developments; disputes/courtcases regardingthesystem,certain products,professional use orother There isnosocial and/orculturaldeduction. Social andculturalfunds,collective purposes 67% IFPIandCopyswede’s MemberOrganisations andfilmproducers33% Video total share ofthecollectedprivatecopyinglevyrelating tovideocopying,netoftheshare accruedtoUBOS. In 2008,anagreement withrepresentatives from the UScopyrightholderswassigned,allocating20%of 5.33% UnionofBroadcasting Organisations(UBOS) Distribution scheme, video: 33.3% IFPI 33.3 %SAMI 33.3 %STIM 5.33% UnionofBroadcasting Organisations(UBOS) Distribution scheme, audio: the distributionschemes. negotiations takeplacebetweenCopyswedeandtheorganisationsofrightsholders,bothpartiesset of revenue isbasedontheresults ofthecopyingsurveys.Followingproposition from Copyswede, commissions themarketresearch companyTNSSIFOtocarryoutannualcopyingsurveys. Thedivision The revenue foreachproduct isdividedbetweenaudioandvideocopying.Forthispurpose,Copyswede schemes: Distribution organizations onamonthlybasis.Theseare authors,performersandproducers. Collected remunerations are distributedtoCopyswede,STIM,SAMI/IFPI,filmproducers andbroadcasting Distribution Mobile phones. Exports are exempted(upfront). through industry-wideagreements withthebusiness. The marketisregulated through marketcontrol andtherighttoauditimporters andretailers. Thisiscontrolled course ofhisprofessional activities,manufactures orimportsintothiscountry’. The payment is due once a month. The importer is, according to Article 26 k, ‘When a businessman, in the Collection process International Survey on Private Copying

Law & Practice 2013 133 Capacity Capacity Tariff Tariff Tariff Tariff € 0.11 € 8.90 € 0.11/GB € 35.58 € 0 (1999) € 0 € 0 € 0 € 0.07 € 0.11 € 0.29 € 0.47 € 0.47 € 0.53 € 0.11/GB € 8.90 Flash Media (2012) Optical Storage media Consumer electronics (2005) Devices Blank Media Hardware, PC, HDD Tariffs, Sweden Tariffs, External hard drives (2012) > 2GB-80 GB 1 SEK/GB > 80 GB 80 SEK For MP3 players, set top boxes with built-in hard drive, DVD players with built-in hard drive, TVs with built-in hard drive and other media players with built-in hard drive: 0 – 320 GB 1 SEK/GB >320 GB 320 SEK C-Cassette 0.025 SEK MiniDisc 0.020 SEK CD-R Audio 0.020 SEK E-Cassette (VHS) 0.025 SEK CD-R All up to 900 MB 0.60 SEK (2000) CD-RW All up to 900 MB 0.95 SEK DVD-R / + R 4.7 GB 2.65 SEK(2002) DVD-RW / + RW 4.7 GB 4.25 SEK DVD-RAM 4.7 GB 4.25 SEK DVD-R / + R Double Layer 8.5 GB 4.80 SEK USB-sticks > 2GB-80 GB 1 SEK/GB > 80 GB 80 SEK Table 53: Table Remunerations / Levies As of September 1, 2013, Copyswede is requesting private copying remuneration for additional products for additional products private copying remuneration is requesting As of September 1, 2013, Copyswede and memory built-in Disk, tablet with Internal Drive single Hard memory, such as a computer with built-in game console with built-in memory. Regarding mobile phones, Copyswede has filed remuneration claims against the industry from January 1, from remuneration claims against the industry phones, Copyswede has filed mobile Regarding filed a lawsuit In April 2012, Copyswede the liability to pay the levy. 2009. No importer has yet acknowledged against Sony Mobile Communications. In negotiations with importers and trade associations that Copyswede has had over the years, the importers the years, the importers has had over that Copyswede and trade associations with importers In negotiations that conditions. The industry has claimed the law’s by not covered are some products have pointed out that kinds of material than also used for storage of other that are to be paid for products compensation is not Universal and the business organization In the autumn of 2011 Copyswede copyright protected-material. such as whether products the law and review Board to let an Arbitration agreed Media Alliance (UMA) parties The levy. copying private the pay to obligation the by covered are sticks USB and drives externalhard the issue. The Board Court justices to examine Supreme with three highly qualified board managed to get a drives and at issue, i.e. external hard the products in October 2012 and concluded that its decision delivered and extensive legal reasons presented In the judgment, the Board liability. by the Act’s covered USB sticks, are copying levy is to be interpreted. about how the system of private made general statements 134 International Survey on Private Copying Law & Practice 2013 Table 54: Revenues Euros Blank Media Revenues, Sweden € 9,889,162 2010 (SEK) 89,879,315 € 8,405,433 2011 (SEK) 79,136,198 € 9,848,764 2012 (SEK) 86,275,176 International Survey on Private Copying

Law & Practice 2013 135 € 1,00 = 1,24296 : Switzerland : CHF : 8,000,000 : SUISA : www.suisa.ch : Frank Dietiker : Anke Link : [email protected] : [email protected] : Bellariastrasse 82 : 8038 : Zürich : +41 44 485 66 66 : +41 44 481 67 44 SWITZERLAND Currency Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Country Rate setting negotiations between collecting societies and associations of through determined are Levies/remuneration is no settlement, the Arbitration Commission appointed by the If there blank carrier importers or producers. Ministry of Justice decides. The collecting society is also responsible for distribution to rights holders. SUISA distributes directly to its own SUISA distributes directly for distribution to rights holders. The collecting society is also responsible organisations of other rights holders. is distributed through The rest for music . members the share by distribution of remunerations: Costs incurred EUR 494,152. Importers and manufacturers are liable for payment. are Importers and manufacturers Collecting Society: in 2012 of remunerations SUISA is appointed by rights holders. The administrative costs for the collection was EUR 185,125. Levy system on blank carriers also on digital memory embedded in devices but not on devices themselves. Levy system on blank carriers also on digital memory embedded in devices Private copy according to law is any copy made for personal use, even from illegal sources. made for personal use, even from to law is any copy Private copy according Legal basis: 2008. Swiss copyright code of 1992, last revised Legislation and fundamental facts Contact Information 28. 136 International Survey on Private Copying Law & Practice 2013 The criteriausedare tobefoundinattachment1. carrier isdefinitelynoteligibleforprivatecopying,itlevied. technical carriersinplacetoday, there are onlyexemptionsforhard disksinpersonalcomputers.Butifablank not meantforprivatecopyingbutprofessional use.However, with5more tariffs formore advanced When wefirstnegotiatedthetariff forblankaudioandvideotapes,weexemptedtapesthatare obviously even professional usersdomakeprivatecopies. our tariff fortablets,asurveycommissionedbySwissassociationsofimportersandproducers proved that Broadcasing CorporationimportsblankDVDstomakecopiesoftheirbroadcasts. Duringnegotiationsabout are verifiablyusedforcommercial copying,there isthepossibilitytogetleviesback,e.g.when theSwiss Depending onthetypeofcarrier, professional useistakenintoaccountandleadstoalowerlevy.use: Ifcarriers Professional Swiss customersisequaltoapurchase from adomesticprovider. As forcross-border situations,aforeign provider isalsoregarded asimporterifthe handling ofapurchase for it usesthecarriersitselforoffers themtoretailers ordirectly toprivatecustomers. The importerisanycompanyimportingblankcarriersintotheterritoryofSwitzerland,regardless ofwhether still pending. Committee approved thistariff again.Theassociationsofproducers andimportersappealed.Theappealis The SwissAdministrationCourtdidnotdecideanythingsubstantial.InNovember2011theArbitration importers appealed against this decision. In April 2011 the case was remanded due to procedural mistakes. for mobilephoneswithmp3playerthefirsttimeinMarch 2010.Theassociationsofproducers and We havenotcollectedleviesformobilephonesyet.TheSwissArbitrationCommitteeapproved atariff Exports are exempted,andexporterscanclaimarefund ifexportscanbeproved. from ourcustomers. tariffs. Additionally, wereceive informationfrom advertisementsforconsumerelectronics retailers andalso There are listsofmemberstheassociationsproducers andimporterswithwhomwenegotiatethe verification. bythepartywho bear theverificationcosts;otherwisethosecostswillbeborne requested thethird-party the verificationsshowthatproducer’s orimporter’s declarationswere falseorincomplete,thelattershall from theproducer’s orimporter’s auditors.Verification maybeentrustedtoanindependentthird party;if to theirwarehouses andbooksforverificationpurposes.SUISAmay request acorresponding confirmation Payment isdue30daysafterinvoicedate.AtSUISA’s request, producers andimportersshallgrantSUISAaccess Collection process International Survey on Private Copying

Law & Practice 2013 137 SUISA (music copyrights) and visual arts) Litteris (copyrights for literature Pro works) SSA (copyrights for dramatic and audiovisual works) SUISSIMAGE (copyrights for audiovisual Swissperform (neighboring rights) SUISA Litteris Pro SSA SUISSIMAGE Swissperform

25% 25% holders of music copyrights and visual works for literature holders of copyrights for dramatic and audiovisual works holders of copyrights for audiovisual works holders of copyrights rights holders of neighbouring Allocation to artists, cultural productions: SUISA Foundation for Music. Allocation to artists, cultural productions: pension fund for authors and publishers. Allocation for social purposes: SUISA’s 9.49% 58.7% 4.37% 2.15% 9.78% 2.66% 5.325% − − − − − The funds are spent on individual requests that are handled on a case-by-case basis. that are spent on individual requests The funds are The amount dedicated to the Social and/or Cultural fund in 2012 was EUR 622,639. The amount dedicated to the Social and/or Cultural fund in 2012 was EUR SUISA: The deductions are determined by rights owners. determined by rights The deductions are Social and cultural funds, collective purposes societies. But each society to the respective distribution of the shares is no such deduction before There purposes. makes a deduction of its own. SUISA deducts 10% for social and cultural Distribution scheme, video: Distribution scheme, disc or set with hard recorders for digital storage in audiovisual devices like video As an example, the shares top boxes are: other: Distribution scheme, tablet PCs and personal computers for Flash Media and HD in devices other than mobiles, As the tariff (see distributions schemes the most important tariff is currently (e.g. MP3-player and digital video recorder) the distribution scheme for tablet PCs is indicating all distribution schemes. Besides, from above), we refrain for mobile phones is still without the tariff only this month, while came into effect not yet defined as the tariff legal capacity. Distribution scheme, audio: Distribution scheme, for MP3 players and similar devices are: As an example, the shares 57.525% At the moment we have 6 tariffs for blank carriers (1 still without legal capacity). The distribution shares vary. The distribution shares for blank carriers (1 still without legal capacity). At the moment we have 6 tariffs According to Art. 60 of Swiss Copyright Law the split between copyrights and neighbouring rights is 3:1. to Art. 60 of Swiss Copyright Law the split between copyrights According distribution a negotiate societies The holders. rights for matter a is share copyrights the of distribution The is what kind of repertoire i.e. using the carrier, based on studies about how consumers are scheme per tariff and to what extent. stored, Distribution schemes: SUISA distributes directly to its own members the share for music copyrights. The rest is distributed through is distributed through for music copyrights. The rest to its own members the share SUISA distributes directly rights holders. organisations of other rights holders is yearly. to SUISA’s collecting societies is quarterly; distribution Distribution to other private copying remunerations: who receive Rights holders (categories) − − − − − Distribution 138 International Survey on Private Copying Law & Practice 2013 As mentionedabove,there isstillanappealpendingagainstleviesonmobilephones. issues relatingtotheprivatecopyingsystem Other developments;disputes/courtcasesregardingthesystem,certainproducts,professionaluseorother carriers. Thisinitiativeisstillpending. There is also a legislative initiative brought in by a parliamentary group aiming toabolish the levies on blank interests ofthememberswedonotexpectthemtobeveryhelpfulfordefendingprivatecopyinglevies. copyright users,consumersandadministration.Theresults are notavailableyet,butgiventheopposed of copyrights.Membersthisworkinggroup are representatives oftheartists,producers, associationsof The SwissMinistryofJusticesetupaworkinggroup toinvestigatethepossibilitiesforoptimizingcollection Levies forprivatecopyingare highlydisputedatthemoment,asseemstobecasealloverEurope. Legal developments Table 55: Remunerations /Levies Mobile Phones Flash MediaandHDinTablets VHS Cassette, MiniDiscetc. DVD RWBlu-ray/HD DVD RBlu-ray/HD DVD-RW/+RW/RAM DVD-R/+R CD-R/RW data Only embeddedindevices computers, e.g.digitalvideoredorder other thanmobiles,tabletPCsandpersonal Flash MediaandHDinaudiovisualdevices tablet PCs,e.g.MP3-player all portabledevicesotherthanmobilesand Flash MediaandHDinaudiodevices No tariff Tariffs, Switzerland Hardware, PC,HDD Blank Media Devices Appeal stillpending Tariff valid 01.07.2013 01.01.2011 01.01.2011 Tariff valid Optical Storagemedia 01.01.2002 01.01.2002 01.01.2011 01.01.2011 01.01.2011 01.01.2011 01.01.2006 from Consumer electronics from Flash Media CHF sfr. 25.00plus0.08 CHF sfr.0.115 sfr.0.142 sfr.0.175 sfr. 0.30 sfr. 0.38 sfr. 0.50 sfr. 0.65 sfr. 0.70 sfr. 010 sfr. 0.46 sfr. 0.33 sfr. 0.93 sfr. 0.33 sfr. 0.88 sfr. 0.31 sfr. 0.05 Tariff rate Tariff rate | EUR € 20.113plus0.064 € 0.370 € 0.266 € 0.749 € 0.266 € 0.708 € 0.249 € 0.040 | EUR € 0.093 € 0.114 € 0.141 € 0.081 € 0.241 € 0.306 € 0.402 € 0.523 € 0.563 60 minutes 60 minutes 25 GB 25 GB 4.7 GB 4.7 GB 60 minutes/525MB per GB>32 per GB≤32 per GB≤16 per GB>250 250 GB per GB≤250 per GB>32 per GB≤32 per GB≤16 per GB≤8 per GB≤4 Capacity Capacity International Survey on Private Copying

Law & Practice 2013 139 2012 (€) 2012 (€) 54,097,973 157,112,359 759,415,988 922,404,949 2,505,251,712 2,138,446,991 2011 (€) 2011 (€) 232,875,223 106,346,243 769,125,426 3,271,077,391 1,095,971,523 2,833,089,046 Mobile Phones Consumer electronics Optical Storage media Optical Storage media 2010 (€) 2010 (€) 367,619,999 146,952,996 4,250,991,141 1,537,453,185 1,012,874,669 4,511,761,463 Devices Revenues, Switzerland Blank Media Hardware, PC, HDD the copying behavior a licensed download shop like iTunes) from licensed copies (i.e. purchased already copyright protected not (or no longer) of works that are share VHS Cassette, Mini Disc etc. DVD-R/+R DVD-RW/+RW/RAM DVD R Blu-ray/HD DVD RW Blu-ray/HD CD-R/RW data Flash Media and HD in audiovisual devices other than mobiles, tablet PC and personal computers, e.g. digital video redorder Flash Media and HD in audio devices and all portable devices other than mobile, tablets and PCs • • • – we started private copying increases levies – although device prices lead to decreasing As decreasing are savings consumer that argue We levy. the of calculation for basis a as savings consumer up bring to to Swiss law. according ‘proceeds’ Swiss law states that ‘Compensation shall normally amount to a maximum of 10 percent of the proceeds of the proceeds of 10 percent Swiss law states that ‘Compensation shall normally amount to a maximum for neighboring rights’. Regarding or cost of utilization for authors’ rights and a maximum of 3 percent from of utilization (basically the price private copying we usually negotiate the levy on the basis of the costs private for used is device the which to extent the of consideration in device the for pay to have consumers copying) and take into account: Please elaborate as to which criteria are taken into account (copying behaviour of consumers, are copies taken into account (copying behaviour of consumers, are Please elaborate as to which criteria are the harm caused by copying) of the copy, licensed or not, the source Which criteria are used for determining the levies/remuneration? the levies/remuneration? used for determining Which criteria are ATTACHMENT 1 ATTACHMENT Table 56: Table Revenues 140 International Survey on Private Copying Law & Practice 2013 on thiscriteriaoranyotherattempttobringuptheharmcausedbyprivatecopying. agree withourcalculation.Astoconsumersavings,theyvehementlyprotest againstanycalculationbased associations ofproducers andimportersacceptthedevicepriceasbasisforcalculation,theydonot However, calculating thelevy. We thenmultiplytheresult bythemostcommonpriceforthiskindofworks,andformsbasis for • • • • • • average savingweposedthefollowingquestionstoapanelofconsumers(exemplifiedwithmusicalworks): private copying.Ofcoursenoteverycopiedworkwouldhavebeenpurchased. Nonetheless,todeterminean We define‘consumersavings’astheamountofmoneyaconsumerisabletosavebecausepossibility possibility toreceive themaspromotion? How manyoftheworksyoureceived aspromotion wouldyouhavepurchased ifyouhadn’t hadthe possibility toreceive themfree ofcharge? How manyoftheworksyoureceived free ofchargewouldyouhavepurchased ifyouhadn’t hadthe If yes,howmany? Are there anymusicalworksyoureceived free ofchargeaspromotion? If yes,howmany? services, recording from radioorTV, etc.? Do youhaveanymusicalworksonyourdevicethatreceived free ofcharge,e.g.from file sharing we havenotyetagreedanycalculationprocedurewithournegotiatingpartner. Althoughthe International Survey on Private Copying

Law & Practice 2013 141 € 1,00 = Phonogram Producers Collecting Society (IFPI national Collecting Society (IFPI national Phonogram Producers Turkey) group : Turkey TL : : :  www.mu-yap.org : : Asli Devrim Ugurlu : Ahmet Asena : [email protected] : [email protected] Cad.Kuloglu : Turnacibasi : Mahallesi No:10, Beyoglu : Istanbul : +90 212 292 46 13 : +90 212 292 46 17

TURKEY Currency Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Country The tariff is determined by a Government decision based on the General Tariff Statistic Position Number. is determined by a Government decision based on the General Tariff The tariff Rate setting determined by the Government. Blank media/devices, and amount of payment are Ministry of Culture and Tourism has the legal monopoly. and Tourism Ministry of Culture Legal liability moment for importers: before the custom declaration of devices and blank carriers upon CIF upon carriers blank and devices of declaration custom the before importers: for moment liability Legal market, local the to carriers and devices the of distribution after days 15 within manufacturers: For amount. with an amount based upon the manufacturing prices. Collecting Society: (MOCT). and Tourism by the Minister of Culture is done None. Collection of remunerations However there is an obligation for importers and manufacturers to pay an amount from the blank carriers to pay an amount from is an obligation for importers and manufacturers However there (MOCT). and Tourism and devices to the account of the Ministry of Culture Private copying is allowed according to Article 38, but levies are not regulated in the law. not regulated to Article 38, but levies are Private copying is allowed according Turkish Copyright Law, Article 38 and Article 44. Copyright Law, Turkish Legislation and fundamental facts Legal basis: Contact Information 29. 142 International Survey on Private Copying Law & Practice 2013 Social andculturalfunds,collectivepurposes media anddevicesare exploitedbytheMinistryofCulture andTourism. Rights holdersdonotreceive anyfaircompensationfrom thesepayments,andallrevenues from blank No distributionscheme. Distribution Ministry ofCulture andTourism according totheDecisionofGovernment. Importers andmanufacturers havetoreport theirimportsandmanufacturingquantitiespricestothe Collection fees tobecollectedshalldeterminedwithaby-law to beissuedbytheMinistryofCulture. (Amendment: 3.3.2004–5101/15):Rulesandprocedures regarding theapplicationofthisarticleand be placedinthebudgetofMinistry. theprotectionnecessary foractivitiesconcerning ofthe culturalheritagewithinandoutsidethecountryshall be determinedwithaby-lawtoissuedbytheMinistry ofCulture andTourism. Theallowance whichis and artisticactivities.Therulesprocedures thedistributionanduseofthesemoniesshall concerning be usedforthepurposeofstrengthening the intellectualproperty systemandtheexecutionofcultural (Amendment: 21.2.2001–4630/23;14.7.20045217/17):Theamountsremaining inthisaccount shall Accounting Officeandshallbe recorded as revenue inthebudget. amounts collectedinthespecialaccountshallbetransferred totheaccountofMinistryCulture Central exceeding 3%ofthemanufacturingorimportationcosts.(Addition:14.7.2004–5217/17):Aquarter name oftheMinistryCulture andTourism, anamounttobedeterminedbytheCouncilofMinistersnot middle ofthefollowingmonthatlatest,inaspecialaccounttobeopenedwithnationalbank the reproduction ofintellectualandartisticworksare obligedtocollecteverymonthanddeposit,untilthe video cassettes,audiocomputerdiscs,CDs,DVDsandallkindsoftechnicalequipmentwhichserve who manufacture orimportforcommercial purposesanykindofmaterialscarryingworkssuchasblank Art.44 (secondandotherrelated paragraph),(Amendment:21.2.2001–4630/23):Naturalandlegal persons work. the legitimateinterests ofrightsholderswithoutgoodreason orconflictwiththenormal exploitationofthe and artisticworksforpersonalusewithoutpursuingprofit. However, such reproduction maynotprejudice Art. 38.(Amendment:7.6.1995–4110/14;21.2.20014630/19):Itispermittedtoreproduce allintellectual agreements. Thearticlesare provided below, foryourinformation: Articles 38and44havetobeamendedaccording totheCopyright Directive 2001/29andinternational not leviesintheCopyrightLaw. exceeding 3%ofthemanufacturingpriceorimportingfee)from theblankmediaanddevices,but these are are notexplicitlyregulated. There isanobligationonmanufacturers andimporterstopayanamount(not Private copyingisregulated bytheTurkish CopyrightLawbutfaircompensationisnotincluded.Levies Observations The MinistryofCulture andTourism isfullyauthorizedtousetheseamountsforculturalpurposes. International Survey on Private Copying

Law & Practice 2013 143 € 1,00 = 10.7945 : Ukraine : hryvnya : 45,000,000 : Ukrainian Music Alliance : www.uma.in.ua : Pavlo Kalenychenko, director : : [email protected] : [email protected] 614, 1-5, Artema Str. : off. : 04053 : Kyiv : +38 (044) 272 05 64 : +38 (044) 272 05 64 UKRAINE Currency Country Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Payment is due after import (manufacturing). The market used to be controlled when the music alliance Payment is due after import (manufacturing). The market used to be controlled turnin which Ukraine), of received Property Intellectual of Service (State SIPSU from information received us with this necessary SIPSU stopped providing of Ukraine. Today the Custom Service this information from information without any reasons. Collection process Rate setting Resolution of Government determined by law; a strict list of levies is established by the Equipment. Levies are by physical persons for private purposes is liable for levy. exempted, and equipment imported Exports are The alliance is responsible for the collection and distribution, and it distributes through rights holders and distributes through for the collection and distribution, and it The alliance is responsible other collecting societies. Collecting Society:of Science and Education. Ukrainian Music Alliance. Appointed by law and the decision of Ministry There is a levy system where importers and manufacturers are liable for payment. are importers and manufacturers is a levy system where There Legal basis: of Ministries). It is and orders rights’ (also governmentalLaw of Ukraine ‘On copyright and related resolution stipulated on p. 2 of Art. 25 and p. 2 of Art. 42 of the Law. Legislation and fundamental facts Contact Information 30. 144 International Survey on Private Copying Law & Practice 2013 Liable partiesdonotpayordenyresponsibility TV. forSMART We havemore than50litigationswithimportersthatrefuse topaylevies. issues relatingtotheprivatecopyingsystem Other developments;disputes/courtcasesregardingthesystem,certainproducts,professionaluseorother it wasadopted. inspired bybigimporters).Infactthisdraftwouldintroduce anextremely complicatedcollectionofleviesif unsatisfactory draftthatwasprepared withoutconsultationswithrightsholdersandcollectingsociety(itwas There Resolutionthatstipulatestherateandlistoflevies.Itisan isadraftofthenewGovernmental Legal developments sales figures ofmusicandfilms. Ukrainian MusicAlliancedeterminesthedistributionschemes;remuneration isdistributedaccording to Ukrainian MusicAlliancedistributesyearlytoauthors,performers,producers aswelltheirsuccessors. Distribution Table 57: Revenues Remunerations /Levies equipment. price ofblankmediaand3%fromthecontractual resolution andisrathersimple –5%fromthecontractual In Ukrainethetariffsystemisestablishedbygovernmental Blank Media Revenues, Ukraine Blank Media 2010 (€) 129,644 2011 (€) 186,438 Tariff Capacity 2012 (€) 58,938 International Survey on Private Copying

Law & Practice 2013 145 € 1,00 = $1.30 as of June 28, 2013 : United States : US Dollars : 313,900,000 (2012) (‘AARC’) Companies Recording and Artists of Alliance : : www.aarcroyalties.com : Linda R. Bocchi, Esq. Executive Director of Royalties and Finance : Mike Stern, Director : [email protected] : [email protected] Suite 601 : 700 N. Fairfax Street, : 22314 : Alexandria, Virginia : +1 703.535.8101 : +1 703.535.8105 UNITED STATES OF AMERICA STATES UNITED Currency Population Name organisation Website Contact person 1 Contact person 2 e-mail 1 e-mail 2 Address Postcode City Phone Fax Country Royalties must be paid upon the first distribution of the qualifying devices or media. Royalties must be paid upon the first distribution of the qualifying devices Manufacturers and/or distributors of digital audio recording devices and digital audio interface devices digital audio recording and/or distributors of Manufacturers in the United States. or distributed imported, manufactured Under AHRA, royalties must be distributed based on sales in the US during the year for which the royalties based on sales in the US during the year for which the royalties must be distributed Under AHRA, royalties and/or distributors of digital audio be paid by manufacturers Royalties must year. collected – the royalty are or distributed in the United interface devices imported, manufactured devices and digital audio recording States. AHRA also establishes a royalty system through which importers and manufacturers of digital audio recording of digital audio recording which importers and manufacturers system through AHRA also establishes a royalty on each device or medium they distribute. payments media make royalty devices and digital audio recording recordings obtained sound by consumers of legally copying to AHRA is copy according Definition of private for personal use. AHRA requires a serial copy management system (SCMS) in all digital audio recording devices and digital system (SCMS) in all digital audio recording a serial copy management AHRA requires States. Such a system allows the United or distributed in imported, manufactured audio interface devices the making of digital copies from but prevents recordings, unlimited first generation digital copying of sound copies. of 1992, Pub. L. No. 102-563, 106 Stat. 4237 (Oct. 28, 1992), codified at Act of 1992, Pub. L. No. 102-563, 106 Stat. Audio Home Recording 17 U.S.C. §1001 et seq. Legislation and fundamental facts Legal basis: Contact Information 31. 146 International Survey on Private Copying Law & Practice 2013 non-musical sounds. machines, andotheraudiorecording equipmentthatisdesignedandmarketedprimarilyforthefixationof spoken word. Italsodoesnotcoveranycomputer-based programme. Professional modelproducts, dictation audiovisual works,computerprogrammes ordatabases.Itdoesnotincludeworksthatconsistentirely of It doesnotincludethosedevicesthatare usedprimarilyforfixingnon-musicalworkssuchasmotion pictures, If deviceormediafallswithinthedefinitionsinAHRA, royalties mustbepaid. Professional devicesare exempt.Refundsare therefore notapplicable. Media: Based onactualcostsofdistributionforaparticularyear, notonanartificialpercentage. directly torightsholdersandthrough collectivesbasedonbilateralagreements. AARC represents Featured ArtistsandSoundRecording CopyrightOwners(Producers). AARCdistributes distributes thatyear. Under AARCbylaws,isallowedtodeductitsactualcostsofdistributionfrom alltheroyalties it producers contractuallysignupwithAARC. Alliance ofArtists&Recording Companies.Non-profit, tax-exemptprivateorganization.Featured artistsand Society: Collecting Featured Recording Artists’Subfund– 40% Sound Recording CopyrightOwners’ Subfund–60% AARC Distributes96%forSound Recording Copyright OwnersandFeatured Recording Artists Sound Recordings fund Fund(SRF)–2/3 of totalDART Distribution scheme, audio: schemes: Distribution Recording CopyrightOwners(Producers). Distributionmethodsare determinedbytheAHRA. Alliance ofArtistsandRecording Companies distributesannuallytoFeatured Recording ArtistsandSound Distribution ultimate transfertoconsumersintheUS.There isnodefinitionforimporter. AHRA coversthemanufacturer orimporter, whicheverpartydistributesthemedia/device intheUSfor exempted. Media/devices that donotfallwithin the definitionsofAHRA,such asprofessional media/devicesare use: Professional These are theonlytypesofproduct forwhichstatementsandpaymentsare submitted. AHRA coversdigitalmedia,audiorecording devicesanddigitalaudiointerfacethatare soldintheUS. AARC conductsenforcement activitiestoensure paymentsare madebytherequired parties. Payments are required tobepaidquarterly. Collection process Devices: AHRA establishestherate. Rate setting

3% formedia. integrated unitcontainingmore than1device. 2% of the distribution price with a maximum of $8 per device and $12 in the case of a physically International Survey on Private Copying

Law & Practice 2013 147 2012 (€) 1.5M Euro Capacity Capacity 2011 (€) 1.8M Euro 2% of the transfer price for devices 12 Euro) per device or $12 Devices Only: Not more than $8 US (Approx. under the copyright act. (Approx. 18 Euro) per multi-integrated device, 3% of the transfer price for media 2010 (€) 1.5M Euro Tariff Tariff Tariff Tariff Devices Blank Media Revenues, USA Tariffs, USA Tariffs, Blank Media Hardware, PC, HDD . SEE ABOVE Breakdown of funds is confidential per the US Copyright Office regulations. Totals represent devices and devices represent Totals regulations. Office Copyright US the per confidential is funds of Breakdown media combined. Revenues 59: Table Table 58: Table There is currently no deduction for collective (social and/or cultural) purposes. no deduction for collective (social and/or is currently There Remunerations / Levies Social and cultural funds, collective purposes Social and cultural Distribution scheme,video: for video. No private copy law The AFM & SAG-AFTRA Intellectual Property Fund Property & SAG-AFTRA Intellectual The AFM – 4% of SRF Artists Non-Featured (MWF) – 1/3 of total DART Fund fund Musical Works – 50% of MWF – ASCAP/SESAC/BMI Subfund Writers’ – 50% of MWF – Harry Fox Publishers’ Subfund

International Survey on Private Copying

For more information contact WIPO at www.wipo.int World Intellectual Property Organization Law & Practice 2013 34, chemin des Colombettes P.O. Box 18 CH-1211 Geneva 20 Switzerland

Telephone: +4122 338 91 11 Fax: +4122 733 54 28

WIPO Publication No. 1037E/14 ISBN 978-92-805-2449-9 Acknowledgement and thanks for front cover illustrations Acknowledgement and thanks for front Image courtesy of SOMMAI / FreeDigitalPhotos.net centre Top Lower left Image courtesy of sippakorn / FreeDigitalPhotos.net