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International Survey on Private Copying Law and Practice 2016 Wijminga, H.; Klomp, W.; van der Jagt, M.; Poort, J.P.
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Citation for published version (APA): Wijminga, H., Klomp, W., van der Jagt, M., & Poort, J. P. (2017). International Survey on Private Copying: Law and Practice 2016. (WIPO Publication; No. 1037E/17). World Intellectual Property Organization. https://www.wipo.int/publications/en/details.jsp?id=4183&plang=EN
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International Survey on Private Copying
For more information contact WIPO at www.wipo.int World Intellectual Property Organization Law & Practice 2016 34, chemin des Colombettes P.O. Box 18 CH-1211 Geneva 20 Switzerland
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WIPO Publication No. 1037E/17 978-92-805-2864-0 Acknowledgement and thanks for front cover illustrations Acknowledgement and thanks for front right image courtesy of Carlos Porto at FreeDigitalPhotos.net Top image courtesy of Stuart Miles at FreeDigitalPhotos.net centre Top right image courtesy of tungphoto at FreeDigitalPhotos.net Top Lower left Image courtesy of stockimages at FreeDigitalPhotos.net image courtesy of xedos4 at FreeDigitalPhotos.net Lowewr centre Lower right image courtesy of watcharakun at FreeDigitalPhotos.net International Survey on Private Copying Law & Practice 2016 International Survey on Private Copying Law & Practice 2016 Hester Wijminga
Wouter Klomp
Marije van der Jagt
Joost Poort International Survey on Private Copying Law & Practice 2016 International Survey on Private Copying 1 Law & Practice 2016 8 5 3 2 3 3 15 26 28 28 33 40 13 44 46 51 11 56 60 64 68 71 78 83 88 95 101 107 110 117 123 125 128 133 137 140 144 147 152 158 160 163 166 Revenue trends Collection and distribution Liability Practical implementation of compensation systems Practical implementation private copying remuneration for Legal background Methodology and Scope Methodology and 8. Conclusion 7. BURKINA FASO 6. CZECH REPUBLIC 5. 4. 3. 1. Introduction 2. COUNTRY REPORTS REPORTS COUNTRY 1. AUSTRIA 2. BELGIUM 3. BULGARIA 4. 5. CANADA 6. CROATIA 7. 8. DENMARK 9. ESTONIA 10. FINLAND 11. FRANCE 12. GERMANY 13. GREECE 14. HUNGARY 15. ITALY 16. JAPAN 17. LATVIA 18. LITHUANIA 19. NETHERLANDS 20. NORWAY 21. PARAGUAY 22. POLAND 23. PORTUGAL 24. RUSSIA 25. SLOVAK REPUBLIC 26. SLOVENIA 27. SWEDEN 28. SWITZERLAND 29. TURKEY 30. UKRAINE 31. UNITED STATES JUSTICE OF FROM THE COURT CASE LAW ANNEX: RELEVANT OF THE EUROPEAN UNION EXECUTIVE SUMMARY PREFACE Table of Contents Table 2 International Survey on Private Copying Law & Practice 2016 collecting societies The collection of data for this study would not have been possible without the support of private copying Representatives ofWIPOwere alsoofgreat assistance. economic analysisandMarijevanderJagt,LL.M,lawyeratGriffithsAdvocatenprovided thelegal summary. UniversityofAmsterdam)Thuiskopie. JoostPoort(InstituteforInformationLaw(IViR), wasentrustedwiththe andWouterThe taskofcompilingthisreport KlompatStichtingde wasentrustedtoHesterWijminga covers countriesonalmostallcontinents. system. Overtheyears,scopehasbeenexpandedtoembracecountriesoutsideEurope. This25thedition in neighbouringcountries1991.ThesurveyquicklyexpandedtoincludeallEuropean countrieswithalevy Stichting deThuiskopiestartedcollectinglegalandpracticalinformationaboutprivatecopyingremuneration in theprivatecopyinglawandpracticeofcountriesthathavesuchanexceptionplace. report aims to facilitate evidence-based decision-making and to provide an update on important developments These remuneration systemsare animportantelementofcopyrightandrelated rightsinfrastructure. This overview ofprivatecopyingcompensationsystems(alsoknownaslevies). practice of private copying systems around the world. This survey aims to provide an actual worldwide remunerations, The World IntellectualProperty Organization(WIPO)andtheDutchcollectingsocietyforprivatecopying PREFACE 1 and in policy papers of governmental bodies. and inpolicypapersofgovernmental background reports oftheEuropean Commission,instudiesofrightholdersandusers’organizationsalike that thesurveywillbeasusefulithasbeeninprevious yearsasareference fornegotiationsonlevies,in systems. Thesurveydemonstratestheimportanceofthissource ofincomeforallrightholders.Itishoped organisations for their cooperation and their efforts to improve insight into global private copying compensation The surveycontains thecontactinformationofall participatingcollectingsocieties. Stichting deThuiskopie,are pleasedtopresent thefourthjointpublicationonlawand 1 . Theauthorsare gratefultoallthesecollectingsocietiesandcollectivemanagement International Survey on Private Copying 3 Law & Practice 2016 2 (Dutch Private Copying Collection Society), and the World Intellectual Collection Society), and the World (Dutch Private Copying Stichting de Thuiskopie Methodology and Scope Introduction Participating countries Research method http://data.worldbank.org/, update 16 December 2016. Since no exchange rates for 2016 were available when closing the analysis http://data.worldbank.org/, update 16 December 2016. Since no exchange rates for 2016 were
2 In a number of countries, such as Bulgaria and Slovenia, there is no active system of collection, although a although collection, of system active no is there Slovenia, and Bulgaria as such countries, number of a In some countries only have levies on blank media Lastly, for in law. private copying exception has been provided This edition provides factsheets on private copying systems in 31 countries across the world, of which 21 are the world, of which 21 are across factsheets on private copying systems in 31 countries This edition provides Among EU Member States, in Europe. most common EU countries. Private copying compensation systems are Outside exception. copying no private have Malta and Kingdom United the Luxembourg, Ireland, Cyprus, only the Russian Federation, Paraguay, Faso, Canada, Japan, Norway, information on Burkina the EU, revenue provided information, are revenue Switzerland, Ukraine, and the United States is included. Factsheets, but no Burkina Faso and from no new information was received For this survey, for Bulgaria, Slovenia and Turkey. the these countries have been taken from for system and revenues Romania. Information about the levy edition of this survey. previous 2.2 2.1 copying private from and benchmarking of revenues impartial presentation a neutral an The survey provides a questionnaire systems. The data was collected through levies and the organization of such compensation compensation, covering for the administration of private copying sent to collecting societies responsible of use private the for remuneration collecting and determining to relevant practice and law of aspects all about levy systems and data up to 2015 and information revenue works. The survey contains protected country. participating each for included is data revenue of years four of overview An 2016. to up tariffs and products of refurbished the leviability one regarding added to the questionnaire, were questions Two Cloud leviability in particular is widely discussed developments in negotiations on new tariffs. one regarding media. in cloud-based services rather than on physical being stored increasingly now that private copies are insights offer provided information the processing from gained experience and participants from Comments in subsequent studies. which is reflected effective, and made more can be improved into how the questionnaire requested. Replies are have been additional information and clarifications necessary and appropriate, Where to identify and address to earlier surveys in order in response with information that was submitted compared capita of participating countries possible inconsistencies. Data on exchange rates, population and income per Bank databases. World from was retrieved 2. Previous editions were used as a reference in European Union (EU) publications as well as by collecting Union in European as a reference used editions were Previous copying. Physical copies have been distributed to all the participating societies and stakeholders in private is available the globe. The report and academic institutions across research collecting societies and to relevant . on the websites of WIPO and Stichting de Thuiskopie The data compiled in the survey is provided by participating collecting societies, which are entrusted with the collecting societies, which are by participating in the survey is provided The data compiled survey is to provide The main objective of the of private copying remuneration. collection and distribution in the world, trends systems around the function of private copying collection regarding facts and figures source important this collecting in employed practices and rightholders of behalf on collected remuneration of income for creators. 1. compensation copying private on data key of analysis and collection a of edition 25th the is survey This body in the the private copying collection of collaboration between It is the result the world. systems around Netherlands, (WIPO). Organization Property EXECUTIVE SUMMARY EXECUTIVE for this report, averages for January-November 2016 have been used (based on monthly averages retrieved from http://www.imf.org/ from been used (based on monthly averages retrieved averages for January-November 2016 have for this report, en/Data on 19 January 2017). 4 International Survey on Private Copying Law & Practice 2016 to reflect themediaanddevicesusednowadaysforprivatecopying. private copyingprovision inthelaw. However, theregulations blanktapeshavenotbeenupdated governing point where thecost of collection is higher (Estonia). A similar situation can be found in Iceland, which has a and recording devicesandastheseproducts are disappearingfrom themarket, revenues havefallentothe 3 systems, asisthemultitude ofrulingsissuedbytheCourtJusticeEuropean Union. of (the important parts of) the private copying systems in the EUis of great significance forthe future oflevy investigating theviabilityofmeasures thatwould furthertheapproximation andpossiblytheharmonization considerations. Therecent renewed interest oftheEuropean CommissionandtheEuropean Parliamentin legal andpracticaldevelopmentsinthecountriesinvolved haveproceeded unaffected byanycross-border systems intheEU,butCommission’s efforts havenotyetresulted inlegislativeproposals. On thecontrary, In theearly1990s,European Commission attemptedtoharmonizeprivatecopyingcompensation monitoring andenforcement andmethodsofsettingthetariff, tomentionjustafew. products forwhichleviescanbecollected,the liabilityofmarketplayers,methodsreporting, legaltoolsfor survey clearlydemonstratesthatsignificantdifferences existinkeyareas suchastariff levels,theselectionof private copying.Leviesonproducts are collectedeitherasapercentage ofthesalespriceorasaflatrate.The make copies,orbyStatefunds.Eitherway, theintentionisthatconsumersshould paydirectly orindirectly for circumstances. Remunerationisfundedeitherbyimportersandmanufacturers ofdevicesonwhichconsumers Private copying compensation systems vary substantially across the world because of a multitude of 2.3 to compensateforsuchuses. and fornon-profit purposes,underArticle30oftheCopyrightAct.However, no remuneration systemexists levies. InSouthKorea, ausermayreproduce worksforpersonal,familyorsimilaruseswithinalimitedcircle and discussions on copyright reform have been going on for some time now in Japan with no expansion of theexceptionofJapan,nocountriesinAsiahaveestablishedaprivatecopyingremuneration system With Asia implementation oftheprivatecopyingexception. a newcollectivemanagementorganization,SODAV, wasestablishedinOctober2016.Itwillinitiatethe Burkina Faso,Nigeria,Côted’Ivoire andMorocco haveestablishedacompensationsystem.InSenegal, Africa in thesurvey. Paraguay, EcuadorandPeruhavealegalcompensationsystemforprivatecopying.Paraguayhasparticipated South America (AARC) hasbeenincludedinthesurveyforfirsttimethisyear. conjunction withtheAudioHomeRecording Actof1992.TheAllianceArtistsandRecording Companies can onlycollectonaudiocarriers.TheUnitedStateshasaverylimitedsystemofprivatecopyinglevies, in than thoseofmostEuropean countries.InCanada,theCanadianPrivateCopyingCollective(CPCC/SCPCP) Compensation systemsexistinCanadaandtheUnitedStates,althoughtheseare more limited North America systems asameansofcompensatingrightholdersforprivatecopying. towardsleading somecountriestoabandonlevysystemsaltogetherandturn state-fundedremuneration remains ahottopicfortheEuropean Commissionandsystemsare beingadaptedtothedigitalenvironment, (CJEU) hasdemarcated boundariesandclarifiedmanyissuesinthelastcoupleofyears.Copyright reform There havebeenmanydevelopmentsinprivate copying intheEU.TheCourt of Justice of theEuropean Union http://www.ihm.is. Large variety of systems in the world the in systems of variety Large 3
International Survey on Private Copying 5 Law & Practice 2016 . 5 . 7 . This concept requires uniform interpretation, but this has not yet been but this has not uniform interpretation, . This concept requires 6 allows Member States to provide for exceptions and limitations to the right of for exceptions to provide allows Member States 4 Legal background for private copying remuneration for private Legal background Definition of private copying Main principles http://www.wipo.int/treaties/en/text.jsp?file_id=283698. http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62008CJ0467&from=EN, para. 2. http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62008CJ0467&from=EN, Ibid., para. 59. http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62012CJ0435&from=EN, para. 37. http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62012CJ0435&from=EN, achieved: is this harm to be interpreted economically as the harm associated with the rightholders’ lost with the rightholders’ associated as the harm economically interpreted harm to be is this achieved: consumers attach to the possibility licensing opportunities for the additional private copies, or as the value the application of the levy of making a private copy? The CJEU further held that a link is necessary between equipment, devices and media reproduction respect to digital intended to finance fair compensation with and the deemed use of them for the purposes of private copying After several judgments of the CJEU clarified practical aspects of the implementation of levy systems, the After several judgments of the CJEU “harm”. of concept the by dominated now is copying private internationaland national regarding debate be must claim a have rightholders which to remuneration the that C-467/08 No. Case in held CJEU The works by the introduction calculated on the basis of the criterion of the harm caused to authors of protected of the private copying exception reproduction, provided that the conditions of the three-step-test are met. Many jurisdictions limit the met. Many are that the conditions of the three-step-test provided reproduction, copying” because it is that can be qualified as “private right for activities reproduction application of the such permission of individuals or to monitor how to grant permission to large numbers practically impossible to the exclusive right found in an exception or limitation was In general, the solution is subsequently used. or harm and other rightholders for loss of revenues compensation was paid to authors on condition that fair mechanism for the only efficient This is currently whose work had been copied. caused to the rightholder for private or domestic use. copying of their works for the widespread compensating creators 7 4 5 6 In the 2015 judgment in Case No. C-435/12, the CJEU held that Directive 2001/29/EC (Copyright Directive) 2001/29/EC (Copyright Directive) the CJEU held that Directive In the 2015 judgment in Case No. C-435/12, which a from does not distinguish the situation in which the source national legislation which precludes is unlawful that in which that source for private use is made is lawful from reproduction In general, the exception only applies when the source is legal. Downloads from a peer-to-peer network, a peer-to-peer from Downloads legal. is source when the applies only exception general, the In the from music and films have been uploaded without consent the like, where sites and torrent newsgroups, Russian exceptions to this rule: the are the scope of the exception. There usually not within rightholders, are and of the copy, the source regarding do not have a specific provision Federation, Switzerland and Canada within the scope of the exception. thus all copies made for private use fall A levy on products used for copying was first introduced in Germany in 1966, replacing the exclusive in 1966, in Germany was first introduced used for copying A levy on products attached to long- In other jurisdictions, levies were right with a right to equitable remuneration. reproduction modernstanding private copying exceptions when technological developments made it difficult to deny that the income potential of rightholders. private copying was affecting A private copy is usually defined as any copy for non-commercial purposes made by a natural person for purposes made by a natural person any copy for non-commercial A private copy is usually defined as the copyright acts of the various the definition set forth in provides his/her own personal use. This survey countries included in the study. 3.2 3.1 The Berne Convention 3. As online business models shift from ownership to access-based models, often offering streaming content streaming to access-based models, often offering ownership As online business models shift from the discussion will further be or temporary downloads instead of physical carriers or permanent downloads, within online licensed services are complicated by determining whether copies made in the cloud and from cloud services were questions regarding the scope of the private copying exception. In 2016, preliminary SpA case (C-265/16). Thus, the CJEU is likely to be called upon to the CJEU in the VCAST Ltd/R.T.I. referred to further delineate the boundaries of private copying systems. 6 International Survey on Private Copying Law & Practice 2016 Market is a concern andeventhoughtheCJEUclarifiedsomeissues,disparities Market isaconcern remain. copyright agendaforthenewEUCommission.Formostpart,possibleimpactonDigitalSingle published. Thelevysystemsare notmuchdiscussedinthecommunicationandare nolongerapriorityonthe On December 9, 2015, the communication “Towards more a modern, European copyright framework” was 2013-14 3rd consultation(review ofEUcopyrightrules). effective exemptions for professional uses. July 2014 saw the results of the Consultation on Copyright in the focused especiallyoncross-border situations,thescopeofexceptionandneedfortransparent and andharmonization.It copying leviesasavirtuoussystem,whichisnonethelessinneedofmodernization stakeholder dialogue.In2014,theEuropean ParliamentpublishedtheCastexReport.Itdescribesprivate EU copyrightlawandpracticefitforthedigitalage.Thedebateonlevysystemshascontinuedthrough including severalrecommendations Mr.led byformerCommissionerAntónioVitorino. delivered Vitorino areport onthisissueinFebruary2013, of privatecopyinglevieswasthesubjectanindustrymediationprocess fostered bytheCommissionand The European Commissionhasbeenreviewing thecopyrightframeworkforalongtime.In2012,issue 3.3 8 Table 1: this report. Union onprivatecopyinglevies.More extensiveinformationaboutthesecasesispresented intheAnnexof The tablebelowprovides aschematicoverviewofthecaselawfrom theCourtofJusticeEuropean 3.4 C-467/08 C-462/09 C-277/10 C-457/11-C-460/11 C-521/11 C-435/12 C-463/12 C-572/13 C-470/14 C-110/15 C-37/16 C-265/16 http://ec.europa.eu/internal_market/copyright/levy_reform/. Case No. Legal developments in the European Union European the in developments Legal Relevant Jurisprudence from the European Court of Justice of Court European the from Jurisprudence Relevant Case lawfromtheCourtofJusticeEuropeanUniononprivatecopyinglevies October 21,2010 June 16,2011 February 9,2012 June 27,2013 July 11,2013 April 10,2014 March 5,2015 2015 November 12, June 9,2016 2016 September 22, Date 8 , althoughithasnotledtoanylegislation;date,theaimismake Padawan vSGAE Opus GmbH Stichting deThuiskopiev Luksan/Van derLet VG Wort vKyocera Gesellschaft Amazon vAustro-Mechana Thuiskopie ACI Adam/Stichtingde Danmark Copydan Båndkopi/Nokia HP/Reprobel EGEDA Nokia Italia/SIAE Minister Finansów/SAWP VCAST Ltd/R.T.I. SpA Parties levy Indiscriminate applicationoftheprivatecopying Cross-border transactions right offaircompensation Author isentitleddirectlyandoriginallytothe authorization toreproduce Technological measures,consequencesofan payment incrossbordertransactions in parttosocialorculturalinstitutions,double reimbursement scheme,paymentoftherevenue Indiscriminate applicationcombinedwitha Lawful natureoftheorigincopy consequences ofanauthorizationtoreproduce Equal treatment,reimbursementscheme, copying ofsheetmusic Allocation offaircompensationtopublishers, Budget Compensation financedfromtheGeneralState professional use. Ex anteexemptionandreimbursementschemefor Value-added tax Cloud computingservices Issue International Survey on Private Copying 7 Law & Practice 2016 Highlights of other legal developments in specific countries 3.5.7. Finland 3.5.7. a by a state-funded system. The amendment introduced In 2015, the levy system in Finland was replaced which consumers, from levies device-based of collection The compensation. fair for system financing new by annual State budget financing. The bill to amend the had been applied since 1984, will be replaced of the Republic by the President of the Copyright Act pertaining to fair compensation was ratified provisions the State on January 1, 2015. Annual fair compensation from into force on December 19, 2014 and entered annually situation will be reviewed Starting in 2017, the budget in 2015 and 2016 was 11 million euros. based on the development of private copying. 3.5.5. Germany 3.5.5. united with the industry, agreement of a new The most important development in Germany is the reaching the setting of – in this set retroactively, in Germany are under the digital association, BITKOM. As the tariffs for on the collection of revenues as of 2008 for mobile phones and tablets has a huge impact case – tariffs the central office for private transfer rights, ZPUE. NPVR services must negotiate the scope of the PCR with TV channels. These negotiations are particularly These negotiations are NPVR services must negotiate the scope of the PCR with TV channels. to be paid for private copying and others seek to limit the ability to copy require difficult. Some TV channels commission in charge of setting in parallel with these negotiations, the administrative Moreover, a program. for NPVR. session to set a new tariff in France must initiate a working the PCR tariff 3.5.4. France 3.5.4. for refunds that are changes important most The 2016. 7, July on force into came law new a France, In uses; Copie France should also exempt societies and for professional paid to the exporting directly export are change is that NPVR exports. The most interesting monitor product it is able to exporting societies provided for private copying. within the scope of remuneration cloud storage now fall services offering These two countries probably now have the most up-to-date PCR systems in Europe, aiming at increasing aiming at increasing have the most up-to-date PCR systems in Europe, now These two countries probably to come. for rightholders in the years revenues A new Copyright Act was also introduced in Slovakia as of January 1, 2016 with a very wide range of media in Slovakia as of January 1, 2016 with a very wide range of media A new Copyright Act was also introduced levy is collected. and devices for which a percentage 3.5.3. Lithuania and Slovakia 3.5.3. levies on, for example, gaming on January 1, 2016, with updated came into force In Lithuania, new tariffs consoles, tablets and smartphones. 3.5.2. Austria 3.5.2. for digital media, particularly PCs, tablets and smartphones, has A legal amendment clarifying the claims leviable. Negotiations on network not previously on October 1, 2015. These devices were into force entered a settlement with nearly all reached ongoing and rightholders have are (NPVR) personal video recorders into computers, external sellers of new media. The settlement includes memories built hard distributors/direct received enabling the storage of MP3/MP4 files. Austro-Mechana discs and tablets as well as mobile phones and thus the settlement can be nearly all market players from a substantial amount for past consumption Austro-Mechana. survey and from the information can be obtained from said to have been successful. More Under European law – with which UK law must comply – a private copying exception must be accompanied – a private copying exception must law – with which UK law must comply Under European government to rightholders is minimal. The UK harm argued rightholders, except where by compensation to did not would be minimal. Music organizations by the scope of the drafted exception that the harm caused a without exception the introduce to decision the of review judicial a for applied and however, this, accept not justified by the evidence were submissions The court found that the government’s compensation system. decision was unlawful and the legislation was that the government’s It was held on which it had relied. overturned in July 2015. 3.5.1. United Kingdom 3.5.1. The exception United Kingdom (UK) in October 2014. in the exception was introduced A private copying the cloud. The owned, including making copies in to make copies of content they permitted individuals was no There on a private and temporary basis. except to another person was prohibited transfer of copies compensation system. for a provision 3.5 8 International Survey on Private Copying Law & Practice 2016 into force in2017. TheMinistryofCultureof theGovernment. hasalready announceditsintentiontofindasolutionthatcomes This irregularity canonlyberemedied withanewreform oftheIntellectualProperty Law, whichisaninitiative there isnosystemallowingforeconomiccompensationtheharmactuallycaused. directive: citizens can make privatecopieswithoutauthorization underthelimit of privatecopying; however This meansthatuntilthelawisreformed, Spainfindsitselfinanirregular situationinlightoftheCopyright financed bytheStatebudget. Royal Decree No.1657/2012,whichsetforththelegalstructure underpinningthecompensationsystem Following thedecisionofCJEUinEGEDAcase,SpanishSupreme Courtrendered ajudgmentannulling 3.5.8. Spain intense advocacyandlobbyingtoensure thattheprivatecopylevyisactivatedinNigeria. As partofefforts toensure theimmediateimplementationofscheme,COSONhasbeeninvolvedin activated, sothere isnorevenue toreport forthetimebeing. visual Rightssociety, AVRS, andtheReproduction RightsSociety, REPRONIG.Theschemehasnotyetbeen remuneration tothethree approved CMOsinmusic,filmsand reprography industries–COSON,theAudio- in theorder, dependingonthestoragemediaordevice.Byvirtueoforder, NCCwillcollectanddistribute General.Thetariffsimplementation oftheschemehassincebeenmadebyAttorney are already specified A remuneration schemewithlevieswasintroduced bytheCopyrightActof2004.Theorder required forthe (NCC) asthesoleCMOformusicalworksandsoundrecordings. In Nigeria,theCopyrightSocietyofNigeria(COSON)isapproved bytheNigerianCopyrightCommission 3.5.7. Nigeria responsibility forconductingsurveysonprivatecopyingincooperationwithaconsultativecommittee. management organizations(CMOs),tobefurtherdistributedrightholders.TheMinistrywillalsoassume The MinistryofEducationandCulture willberesponsible fortheallocationoffaircompensationtocollective resulting inthepossibilityofsharing, viewingandconsuming anycreative workstored inthe cloudorona they canbeconsidered asnewproducts thatmaybeusedforprivatecopying. Technological developments the survey, aquestionwasaddedastowhetherthese products are exempted.Inmostcasestheyare not,as classified as“manufacturing” andthusfallwithinscopeoftheprivatecopyingexception. Inthiseditionof or newflashmemoryisinserted andtheproduct isthensoldtoconsumers. Theactof refurbishment canbe where usedproducts likesmartphonesandtabletsare repaired and resold “asnew”.Oftenanewhard disc The discussiononthecloudandrefurbishment isnew. Refurbishmentisathrivingnew businessmodel players are increasingly includedinthesystems. or forthememoryunitifsoldseparately. Multifunctionaldevicessuchastablets, smartphonesandmedia used inarecording deviceandsoldtogetherwiththe device,althoughnocompensationisdueforthedevice A comparableexampleisfoundincountrieswhere amemoryunit(flashcard) isleviedonlywhen such as audio-visual recorders, set-topboxes and TVsets with built-in hard discs qualify as “blank media”. blurred. In some countries with a media levy system (such as Austria and France), hard discs in equipment It shouldbenotedthatthedistinctionbetweenrecording equipmentandmediahasbecomeincreasingly jurisdictions, suchasCanadaandDenmark,leviesare limitedtoblankmedia. In some jurisdictions, the compensation system applies to recording equipment and media. In other achieving more transparency. the European Parliamentproposed thatthelevybemadevisibletoconsumersinsales priceasawayof It isassumedthatlevieswillconsequentlybeincludedinthesalespriceofleviedproducts. InEurope, purposes (allpartiesthatcanbechargedforthecompensationare indicatedas“liableparties”inthe survey). are required topayleviesthatapplyrecording equipmentormediausedbyindividualsfor theirprivate common systemisoneunderwhichimportersandmanufacturers, andsometimesprofessional traders, For reasons ofefficiencyandgiventheimpossibilitycollectingcompensationfrom individuals, themost 4. Practical implementationofcompensationsystems International Survey on Private Copying 9 Law & Practice 2016 Number of Countries Norway, Finland. In Spain, the royal decree was recently annulled by the Norway, Spanish Supreme court. Lithuania, Greece, Italy, Burkina Faso, Czech Rep., Denmark, Estonia, Poland, Portugal, Russian Federation, Slovak Republic, Paraguay, Ukraine, USA Slovenia, Turkey, Japan Austria, Croatia, Germany, Latvia, Netherlands, Belgium, Bulgaria, Canada, France, Hungary, Romania, Sweden, Switzerland Models Tariff-setting models Tariff-setting Difference in tariffs Tariff/levy setting State-funded system (no tariffs) Direct state intervention Negotiation with industries and societies Set by law/government after proposals by rightholders or negotiation among stakeholders in special government-appointed body 4.2 an alternativerelated to the capacity of objects. As to fixed directly Countries commonly apply a fixed tariff of the sales or import price to determine the based on a percentage countries can also apply a tariff tariffs, depending and a percentage The Czech Republic, Latvia and Lithuania combine fixed tariffs amount of the levy. an understanding of tariff separately to provide presented are tariffs on the medium or device. The different applicable in the countries included in the tariffs 3 gives an overview of (the range of) percentage levels. Table European in the United States. Western countries and used in several European are tariffs Percentage survey. fixed tariffs. countries appear to prefer Table 2: Table Roughly speaking, tariff-setting can be distinguished as being either a matter of direct State intervention State intervention be distinguished as being either a matter of direct can Roughly speaking, tariff-setting rightholders (i.e., of negotiation between or designated public body) or a process (lawmakers, ministry, of consumer electronics levies) and industry (importers/manufacturers collecting societies administering the governmentthe by appointed bodies special by set are tariffs countries, some in Finally, industry). IT the and sometimes advise lawmakers). which act as negotiation platforms (and Determining which products should be levied, or whether they are within the scope of the private copying copying private the of scope the within are they whether or levied, be should products which Determining lawmakers or the government.exception, is sometimes a matter for In other countries, courts determine the is found in countries where variation on rightholders’ claims. A third scope of the compensation system based can on which levies for selecting the products responsible special bodies appointed by the government are government,the advise to appointed are bodies special these Often, the tariffs. setting and for imposed be which subsequently sets the tariffs. 4.1 1 shows, a among jurisdictions. As Table considerably can differ tariff-setting that The survey reveals systems State intervention direct with no tariffs; be made between state-funded systems can differentiation between negotiations set through are which tariffs negotiation systems in sets tariffs; in which the lawmaker the latter two systems. and a combination of rightholders and importers/manufacturers; single device in the home make negotiating and determining the scope, level and applicability of the levies applicability of the scope, level and determining the negotiating and in the home make single device to copy and enjoy in possibilities and opportunities All the same, this shows the increase complex. more in any place and at any time. works creative 10 International Survey on Private Copying Law & Practice 2016 Table 3: 9 are specifiedinthecountrysheetsthis report annual averageexchangeratesasprovided bytheWorld Bank.Theexchangeratesusedpercountryyear 2016. Alltariffs in this tablefor countries outsidetheeuro area havebeen converted tocurrent euros using Table 4belowshowsthefixedtariffs in14countriesfor8standardized mediatypesanddevicesfor2013 to on January19,2017). report, averagesforJanuary-November 2016havebeenused (basedonmonthlyaveragesretrieved from http://www.imf.org/en/Data tariffs inlocalcurrency unitshavenot changed.Sincenoexchangeratesfor2016were availablewhenclosingtheanalysisforthis a widesetofdevicesandmedia. Belgium, Croatia, France,Germany, Hungary, Italy, theNetherlands,PortugalandSwedenimposedalevyon blank media:amongthecountriesinTable 4,thisistrueonlyforDenmark,andCanada.Incontrast,Austria, range of leviable devices increased between 2013 and2016. Nowadays, few countries have levies only on its levyonmediaasfrom January1,2015.Anoppositetrend canbeseeninAustriaandPortugal,where the average leviesare muchhigherondevicesthanblankmedia.Aspreviously mentioned, Finlandabolished type ordevice.Putdifferently, emptycellsare ignored incalculating this average.Itisreadily obviousthat The lastcolumninTable 4givesthesimpleaverageofallcountrieswhichhavealevyonthatspecificmedia Table 4: 2013 As aconsequenceofthisconversion, euro-tariffs fornon-euro countriesmayshow changesbetween2012and2015,whilethe USA Ukraine Slovak Republic Russian Federation Romania Poland Paraguay Lithuania Latvia Japan Greece Estonia Czech Republic Burkina Faso Bulgaria
Tablet (16GB) Smartphone (16GB) Set-top box(500GB) PC (500GB) MP3 player(8GB) External HDD(1TB) DVD (4.7GB) CD (700Mb) Overview ofcountriesthatapplyapercentageastariff Fixed tariffforeightstandardizedmediatypesanddevicesin14countries(ineuros) Country
22.50 24.30
6.00 0.36 0.24 Austria *
3% onblankmedia,2%devices 0.02% to1%blankmediaanddevices 6% onblankmedia,0.35%upto3%devices 1% (ofproductionprice) 3% onblankmedia,0.5%devices Ranging from0.05%to3% 0,50% onallproducts/devices’importprice 6% onblankmedia,fixedamountdevicesandflashmedia 4%/6% onflash/blankmedia,fixedamountdevices(allpc) 3% onblankmedia,2%devices(audioonly) 6% onallproducts/devices 8% onblankmedia,3%devices Fixed amountonblankmedia,0.75%to3%devices 10% onblankmediaanddevices 1% to1.5%onmagneticandopticalmedia(includingHDDflashmemory)
10.75
2.50 2.50 2.50 6.75 0.40 0.12 Belgium
0.21 Canada
1.32 1.32 5.28 0.79 1.85 0.40 0.01 0.01 Croatia 9 . Percentage oflevyonblankmediaanddevices
0.50 0.32 Denmark
25.00 18.00
7.00 0.20 0.20 Finland
45.00 12.00 20.00
8.40 8.00 0.90 0.35 France
34.00 17.07 17.00
6.13 5.66 5.00 0.27 0.06 Germany **
16.16 25.19 13.99
7.70 0.25 0.15 Hungary
14.81 10.24 1.90 0.90 0.41 0.15 0.41 0.15 Italy
5.00 5.00 5.00 5.00 2.00 1.00 0.03 0.03 Netherlands
0.14 0.05 Portugal
37.00
1.85 6.47 9.25 0.92 9.25 0.31 0.07 Sweden ***
36.56
2.28 2.84 4.23 0.25 0.08 Switzerland
23.74 11.46 3.67 5.43 6.50 5.06 0.31 0.15 Average International Survey on Private Copying Law & Practice 2016 11
Average 4.39 0.14 0.29 5.54 7.49 6.50 5.56 0.14 0.30 8.95 5.03 6.46 5.72 5.15 0.14 0.30 7.89 4.95 5.45 4.30 10.46 22.38 21.01 19.76
Switzerland 2.20 0.08 0.26 3.77 2.88 2.30 0.09 0.29 4.29 1.20 2.25 0.09 0.28 4.20 1.17 31.88 36.31 22.91
Sweden*** 1.69 0.07 0.29 8.79 0.88 8.79 6.15 1.76 0.06 0.28 8.55 0.86 8.55 5.99 1.71 0.06 0.28 8.47 0.85 8.47 5.93 35.16 34.21 33.87
(continued) Portugal 1.92 0.05 0.14 0.05 0.10 4.10 1.60 2.00 8.00 1.92 1.92 0.05 0.10 4.10 1.60 2.00 8.00 1.92
Netherlands 3.50 0.03 0.03 1.00 2.00 5.00 5.00 5.00 5.00 0.02 0.02 0.70 1.40 3.50 3.50 3.50 3.50 0.02 0.02 0.70 1.40 3.50 3.50 3.50
Italy 4.00 0.10 0.20 6.44 5.20 4.00 4.00 0.10 0.20 6.44 5.20 4.00 4.00 0.10 0.20 6.44 5.20 4.00 10.24 14.81 10.24 14.81 10.24 14.81
Hungary 0.14 0.24 7.41 0.14 0.24 6.79 0.14 0.24 6.75 10.25 13.47 19.39 10.89 10.89 13.42 19.32 10.30 10.30 13.35 19.22 10.25
Germany** 8.75 0.06 0.27 5.00 6.25 7.44 0.06 0.27 5.00 6.25 8.75 0.06 0.27 5.00 6.25 17.00 13.19 34.00 17.00 13.19 34.00 17.00 13.19 34.00
France 8.40 0.35 0.90 8.00 8.40 0.35 0.90 8.00 8.40 0.35 0.90 8.00 20.00 12.00 45.00 20.00 12.00 45.00 20.00 12.00 45.00
Finland 0.20 0.20 7.00 18.00 25.00
Denmark 0.32 0.50 0.32 0.50 0.32 0.50
Croatia 0.01 0.01 0.39 1.84 0.79 5.25 1.31 1.31 0.01 0.01 0.39 1.84 0.79 5.26 1.31 1.31 0.01 0.01 0.40 1.86 0.80 5.31 1.33 1.33
Canada 0.20 0.20 0.20
Belgium 0.12 0.40 6.75 2.50 2.50 2.50 0.12 0.40 6.75 2.50 2.50 2.50 0.12 0.40 6.75 2.50 2.50 2.50 10.75 10.75 10.75
Austria* 0.24 0.36 6.00 0.24 0.36 6.00 0.24 0.36 4.50 5.25 5.00 2.50 3.75 15.00 12.00 20.00 18.00 12.00 15.00 12.00 20.00 18.00 12.00 20.00
Fixed tariff for eight standardized media types and devices in 14 countries (in euros) devices in 14 countries media types and for eight standardized Fixed tariff Liability CD (700 MB) DVD (4.7 MB) External HDD (1 TB) MP3 player (8 GB) PC (500 GB) Set-top box (500 GB) Smartphone (16 GB) Tablet (16 GB) Tablet CD (700 MB) DVD (4.7 GB) External HDD (1 TB) MP3 player (8 TB) PC (500 GB) Set-top box (500 GB) Smartphone (16 GB) Tablet (16 GB) Tablet CD (700 MB) DVD (4.7 GB) External HDD (1 TB) MP3 player (8 TB) PC (500 GB) Set-top box (500 GB) Smartphone (16 GB) Tablet (16 GB) Tablet Exports and exemption from payment Introduction What system, if any, should be applied to refund levies when products are exported? are levies when products should be applied to refund What system, if any, context? used in a professional are Is the levy payable when products sales? Who is liable for payment in cross-border
Sweden has not been able to collect the tariff for smartphones due to ligation for smartphones due to Sweden has not been able to collect the tariff − − − Germany has separate tariffs for private and business smartphones. The tariff for private smartphones is presented here for private smartphones is presented for private and business smartphones. The tariff Germany has separate tariffs 2014 2015 Austria lowered the tariffs for external HDD, PC, Smartphone and Tablet to the 2016 level by 1-10-2015 for external HDD, PC, Smartphone and Tablet the tariffs Austria lowered 2016 Table 4: Table Some countries do not have a refund system in place; the exporter is only required to report goods sold in to report in place; the exporter is only required system Some countries do not have a refund to the collecting in the next report In these cases, levies on exports can often be recovered the home country. with the via an agreement exemption upfront some countries have multiple possibilities: Finally, society. request. collecting society or a refund The levies and remuneration are intended as compensation for private copying acts by consumers in a in by consumers acts copying private as compensation for intended are and remuneration The levies country have a right to be certain country; rightholders whose works have been copied in that specific exempted in most the exported items are exported, are if leviable products For this reason, remunerated. which is been paid on a product the levies that have already refunding systems exist for countries. Different of the collecting society if he can show proof from a refund the exporter can request later exported. Usually, between an exporter (often a wholesaler) the actual export. Another possibility is a contractual relationship exemption such that the exporter can include an upfront which and an importer and/or the collecting society, payable upon export. are can buy within his country without levies and no refunds 5.2 Regarding the limits to payment liability, the following issues have been identified: the limits to payment liability, Regarding − 5. 5.1 − − * ** *** 12 International Survey on Private Copying Law & Practice 2016 only berequested bythefinaluser. is regulated via contractual arrangements is not compatible with EU law if the reimbursement of the levy may conjunction withalevysystem shouldensure thatthelevyispaid.Thejudgment states: Table 5: 5.3 13 12 11 10 Thuiskopie v Opus (2011) relevance forEU Member States,butalsointeresting forotherjurisdictions, is thejudgmentofCJEUin country, where adifferent privatecopyingsystemisinplaceorthere isno such systematall.Ofparticular Nowadays, many of the levied products are bought onlineand sometimes the seller is located in another 5.4 Commission caused to rightholders by private copying. European rightholders have lodged a complaint with the European basedontheharm leaving Spanishrightholderswithanamountdeterminedannuallybythegovernment ruling further. InSpain,theresult wastheabolitionofasystemcollectingthrough mediaanddevices, Padawan hasledtofollow-upcasesinnationaljurisdictionsandnewbefore theCJEUtoclarify for products intendedforprivatecopying. in areducedWithout thisapproach, flat-ratetariff thetariff tobepaidonallsales. wouldhavebeenhigher were known,were common.Inthesesystems,theprofessional usewasincorporatedintothetariff, resulting the 2001InformationSociety(or“Copyright”)Directive. Before thisruling,mutualization systems,asthey by personsotherthannaturalforpurposesclearlyunrelated toprivatecopying,isincompatiblewith of digitalreproduction equipment,devicesandmedia,includingcasesinwhichsuchequipmentisacquired collection oflevies.Thecourtruledthattheindiscriminateapplicationprivatecopyinglevytoalltypes theEU,CJEUrulinginPadawanvSGAE(October21,2010)hadaconsiderableimpacton Within or liablepartiesare entitledtoarefund. In somecountries,eitherproducts soldtoprofessional endusersare exemptedfrom the paymentofthelevy required. Insuchcases,products canbesoldtoaprofessional enduserandnoprivatecopyingistakingplace. instance, forthestorageofprofessional data,orforprofessional reproductions where alicensewouldbe Blank media and devices can be used for purposes wholly unrelated to the private copying exception, for before theCJEUinNokiaItaliavSIAE(C-110/15) the exemption can be regulated via contractual arrangements rather than bythelaw itself has beenbrought society) forspecificprofessional institutions). Thequestionofwhether users(e.g.,hospitalsorgovernment a refund systemoranupfront exemption(inthelaworviacontractual arrangementswiththecollecting Similar totheprocedures usedinthecaseofexports,ifprofessional useisexempted,countriesimplement In somecountries,systemsexemptingprofessional userswere adaptedtoimplementthelatestcaselaw. Court casesresulting from Padawanare stillongoinginmanyEuropean countries. monitored. case has created the possibility of reintroducing a levy system. This process has only just begun and will be No refundand/orexemption Upfront exemption importer areexemptedupfront) Exemption withrefund(butexportsbymanufacturer/ http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62014CN0470&rid=1. http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62009CJ0462&rid=1. http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62015CN0110&from=EN. http://www.authorsocieties.eu/library/15/32/GESAC-complaint-against-spain-on-private-copying. Professional use and reduced liability reduced and use Professional Online sales and cross-border liability cross-border and sales Online Refunds orexemptionsincaseofexports 10 andquestionshavebeenreferred totheCJEU(C-470/14) Models 13 . The Court ruled that the State that has a private copying exception in the law in Burkina Faso,Paraguay, Poland,Turkey, USA Slovak Republic,Sweden,Ukraine,Netherlands Canada, Croatia,CzechRepublic,Germany, Greece,Japan,Romania, Switzerland Italy, Latvia,Lithuania,Netherlands,Portugal,RussianFederation, Austria, Belgium,Bulgaria,Denmark,Estonia,France,Hungary, 12 . Inthiscase,theCJEUheldthatanexanteexemption 11 . ForSpain,therecent rulinginthis Countries International Survey on Private Copying Law & Practice 2016 13 Collection and distribution Distribution schemes Collection process the collection process and cost deductions the collection process distribution schemes social and cultural deductions […] it is for the Member State which has introduced a system of private copying levies chargeable to the chargeable to the copying levies a system of private which has introduced the Member State […] it is for which of the territory on and works, protected of reproduction of media for importer or manufacturer there reside who of their work by purchasers authors by the use for private purposes the harm caused to them to compensate intended compensation fair the receive actually authors those that ensure to occurs, for that harm. − − − The first step, allocating collections to a category of copied works, is usually based on market research on the research based on market The first step, allocating collections to a category of copied works, is usually multifunctional and all increasingly become type of works copied on the various media. As the levied products for distribution. Some countries important works can be digitized, the actual copying behavior becomes more received. for which monies were (like Switzerland) have a distribution scheme for each levied product Usually, the total amount collected is first split between categories like audio, video, written works and the total amount collected is first split between Usually, of rightholders among the groups divided interactive works. The amounts allocated to these categories are video performers and producers; within them. Distribution to audio rightholders is split between authors, and music authors, and literary authors), producers screenwriters, authors (directors, rightholders are of levies on multifunctional devices makes it possible performing artists (actors and dancers). The introduction new digital content like e-books and and the advent of relatively copying of all digital works, to remunerate of new schemes for distribution to these rightholders. other written works implies the creation Where the distribution scheme is a matter for rightholders, the shares are established in negotiations are the distribution scheme is a matter for rightholders, the shares Where by must be validated or approved rightholders. In some cases, the results of groups between the different the government. Distribution to different categories of rightholders, represented by collecting societies responsible for responsible societies collecting by represented rightholders, of categories to different Distribution by rightholders’ organizations or distribution to individual rightholders, follows schemes determined either or other State intervention. decree ministerial by law, 6.2 Distribution follows a more complicated scheme. Some collected funds are distributed directly to individual distributed directly are scheme. Some collected funds complicated Distribution follows a more collection societies operate on the market – but in most cases, rightholders – this is the case if multiple funds to organizations for the collection allocates society responsible distribution is done in stages. The of rightholders (authors, the various categories representing of rightholders (distributing organizations) rightholders. and performing artists) for further distribution to individual producers In almost all countries, collection is done by one collecting society, to which importers, manufacturers and manufacturers to which importers, by one collecting society, In almost all countries, collection is done a the collecting society only represents In some cases, however, to report. required other liable parties are on behalf of their rightholders. remunerations multiple societies collect of rightholders and specific group all and the Slovak Republic. It should be noted that not Greece This is the case for the Czech Republic, can in these cases be presented private copying derived from revenues societies have joined the survey and society represents. only for the category of rightholders the incomplete, being representative Collecting societies appointed by the government Collecting societies appointed by the or by rightholders collect private copying remunerations. of such a collecting the board of the whole variety of rightholders, and often They must be representative and the artists, producers of various rightholders (authors, performing society consists of the representatives like). 6.1 This section discusses the following issues: This section discusses − 6. − − In this case, the court in the Netherlands – the country of residence of the consumer, where a private copying a private where of the consumer, residence in the Netherlands – the country of In this case, the court the seller in Germany. of the levy from recovery to ensure is in place – was requested compensation system 14 International Survey on Private Copying Law & Practice 2016 national courttoverify detailed arrangementsfortheoperationofsuchestablishmentsare notdiscriminatory, whichitisforthe those entitled,provided thatthosesocialandculturalestablishmentsactuallybenefitentitled andthe cultural institutionssetupforthebenefitofthoseentitledtosuchcompensation,ratherthandirectly to excluded becausehalfofthefundsreceived bywayofsuchcompensationorlevyare paidtosocialand regard tofaircompensationwasquestioned.TheCJEUheldthattherightcannotbe In the2013CJEUAmazonvAustro-Mechana case,thelegitimacyofsocialandculturaldeductionswith Germany, where pensionsforcreators receive substantialcontributionsfrom privatecopyingincome. as inFrance,where thefinancialinputisconsiderable.Secondly, artistsenjoymore securityinoldage,as valuable for rightholders, particularly because of its impact on social conditions. Firstly, arts and culture thrive, cultural diversity and growth withinthesector. Thiscollectiveaspectofprivatecopyingcompensationisvery The fundsallocatedtothedevelopmentofartsandculturaleventsare substantial,contributingto government. the cases,asinTurkey, inwhichthedestinationofprivatecopyingremunerations isdeterminedbythe can sponsoractivitiesoreventsthathelptheirspecificcategoryofrightholders.Thisapproach differs from the money is spent. If the collecting society does not deduct cultural funds, the distributing organizations many cases,rightholdersare membersoftheselectioncommitteesandtheirvoteiscrucialindecidinghow Often, aseparate fund iscreated to select cultural events orprojects that will receive financial support.In for culturalpurposesbytheMinistryofCulture. The percentages varyfrom 10percentto100cent,thelatteronlyinTurkey, where leviesare usedentirely welcome fundsthatare allocatedtopromote theculture ofsocietyandimprove thepositionofrightholders. pension fundsforartists.Inmostcases,thelawdeterminesthesepercentages. bodies Culturalgovernment average about30percent.Theseculturalfundsare intendedforthepromotion ofyoungartistsortofeed In themajorityofparticipatingcountries,apercentage isdeductedforsocialandculturalpurposes,on 6.3 15 14 Table 6: on March 15,2017. Paraguay Lithuania Latvia Japan Italy Hungary France Finland Estonia Denmark Czech Republic Croatia Burkina Faso Bulgaria Austria http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62011CA0521&rid=1, para.3. http://www.akm.at/festplattenabgabe-ogh-gibt-kunstschaffenden-recht/ Country withsocialandculturalfunds Social and cultural deductions cultural and Social Social andCulturaldeductions 15 14 . Thecaseispendingbefore theSupreme CourtofAustriaandarulingwasgiven 10% 25% 10% 20% 50% ofvideoforperforming 10% Culturalpromotionactivities* 3% Artisjusfund 7% nationalculturalfund 25% 50% video,35%audio 10% 33% 0% 30% 50% 30% 50% % Socialandculturalpurposes Law, authorsandartists Law Music authors Law Performing artists Law Law, rightholders Law Law Law Law Rightholders Law, musicrightholders Law Law Law Determined by International Survey on Private Copying Law & Practice 2016 15 n/a 2015 6,205 2,482,138 1,011,968 3,846,451 3,825,456 10,076,591 24,986,442 . As shown at 17 n/a 2014 9,438 6,303,356 3,514,089 1,120,721 3,524,442 3,673,226 32,406,669 n/a 2013 23,993 5,985,447 4,586,876 1,166,424 3,354,478 4,102,878 24,405,986 Rightholders’ organizations Rightholders’ Law Law – rightholders Rightholders’ organizations Law 2012 24,883 895,817 5,787,000 6,405,325 1,046,848 3,369,593 4,194,716 23,827,891 n/a 2011 7,838,000 1,181,691 7,936,679 1,252,109 3,178,417 4,579,148 24,252,413 n/a 2010 686,122 9,907,000 1,602,780 2,854,806 5,043,243 27,020,734 11,764,034 n/a Yes 20% Max. 20% 10% 100% 2009 120,096 1,944,318 7,394,248 5,382,158 11,699,000 13,120,350 14,722,957 n/a 2008 228,500 1,380,286 8,810,308 5,860,862 13,213,000 15,608,627 18,152,725 n/a 2007 284,624 283,452 5,224,634 5,352,136 16,413,000 20,081,280 20,206,899 . Table 8 shows the relative development over this period and in the last year development over this the relative 8 shows . Table 16 Total revenues (in current €)* Total Revenue trends Country For non-euro countries, these growth and decline figures can be affected significantly by changes in the exchange rate and hence significantly by changes can be affected and decline figures countries, these growth For non-euro Revenues for countries outside the euro-area have been converted from local currency units to current euros using annual average euros units to current local currency have been converted from Revenues for countries outside the euro-area Austria Poland Portugal Russian Federation Belgium Switzerland Turkey Burkina Faso Canada Croatia Czech Rep. Denmark Estonia can differ from the growth or decline in local currency units. or decline in local currency the growth from can differ exchange rates as provided by the World Bank (http://data.worldbank.org/). The exchange rates used per country for 2012-2016 are Bank (http://data.worldbank.org/). The exchange rates used per country for 2012-2016 are by the World exchange rates as provided edition of this survey and the previous report. Revenues for earlier years have been taken from specified in the country sheets in this have not been recalculated. Table 7: Table The last two rows of Table 7 and the red line in Figure 1 give aggregate revenues for the EU countries in the in the EU countries for revenues give aggregate 1 in Figure line red 7 and the Table of two rows The last total of cent per 93 to cent per 83 stable fairly a for turnthese years, the Over responsible be to out survey. revenue. Examples of other countries that show significant changes both in absolute and in relative terms are Spain, are terms relative and in in absolute both changes that show significant of other countries Examples of of a major restructuring In the Netherlands, this is the result the Russian Federation and the Netherlands. of levies and the introduction in the levies on blank media a drop the levy system as of 2013, which involved by in Spain, the existing levy system was replaced devices. Conversely, modernon several more recording in 2012, which was subsequently annulled by the Spanish Supreme state-financed system a much soberer smaller such as Finland that are in countries for 2015. In addition, revenues revenues Court, leading to zero in absolute terms tend to vary substantially. By far the largest contributor to the volatility of total revenues is Germany. Germany was the country with the with country the was Germany Germany. is revenues total of volatility the to contributor largest the far By Germany also came in of total revenues. comprising over a third euros, in 2014: 281 million largest revenues in 2011, due to national litigation euros 15 million to a mere dropped revenues first in 2009 and 2010, but tripled, almost revenues German 2014, and 2013 between that, show 8 and 7 Tables system. levy the about 2013 level, leading to an overall decline of 32% in the 2007-2015 period. back at the but in 2015 they were the bottom of these tables and in Figure 1, total revenue has increased by 6 per cent over the years, from by 6 per cent over the years, from has increased 1, total revenue the bottom of these tables and in Figure in 2015. in 2014, to 636 million euros all-time high of 796 million euros in 2007, via an 598 million euros and 2014 and significant decreases in 2009, 2013 increases to be volatile, with strong prove revenues Total the line by missing values in the data, as can be seen from in 2011 and 2015. This cannot be explained orange line excludes 1, in which the dashed Figure 7, as well as from excluding incompletes” in Table “Total years. The black dashed line gives the long-term linear one or more countries for which data is missing for suggests a slight increase. over the total sample, which trend 17 16 Table 7 provides the total revenues in current euros for 2007-2015 in each of the countries for which data for 2007-2015 in each of the countries euros in current total revenues the 7 provides Table available are 7. Belgium, Canada, Germany, Greece, the Netherlands, Norway, the Slovak Republic, Slovenia, Spain, Sweden and the United States have no social and cultural deductions. Slovenia, Spain, Sweden and the United States have no the Slovak Republic, the Netherlands, Norway, Greece, * Belgium, Canada, Germany, a 10 per cent deduction the new law of 2015 introduced * In Italy, 16 International Survey on Private Copying Law & Practice 2016 * RevenuesforCzechRepublicrepresent theOSArevenues only. Slovenia andBulgaria. Note: “n/a”=norevenue figures available;“-”=no revenues. No revenue figures availablefor Turkey. Nofunctioningcollectionin Table 8: Table 7: EU/Total Total EU incompletes Total excluding Growth/decline Total United States Ukraine Switzerland Sweden Spain Slovak Rep. Russian Fed. Romania Portugal Poland Paraguay Norway Netherlands Lithuania Latvia Japan Italy Hungary Greece Germany France Greece Germany France Finland Estonia Denmark Czech Rep. Croatia Canada Belgium Austria Finland Revenue developmentsinpast8yearsandlastyear Total revenues(incurrent€)*(continued) Country 548,903,026 597,683,398 597,966,850 148,841,000 163,402,714 11,952,060 19,136,070 40,706,047 19,249,000 16,904,865 70,956,045 11,539,681 15,566,656 5,752,919 4,290,581 903,677 812,193 84,423 22,894 92% n/a n/a n/a n/a n/a - 525,656,940 586,802,871 587,333,613 127,338,000 166,932,996 22,433,306 14,403,548 59,992,342 17,010,000 21,090,642 61,662,334 12,030,920 4,594,998 4,906,569 8,476,274 977,373 302,242 801,650 601,625 524,486 89% -2% n/a n/a n/a n/a - 2007-2015 346% 256% -32% -29% -98% -29% -26% -88% -39% 38% 24% 679,332,009 728,650,368 734,227,501 289,978,000 172,361,311 16,133,395 12,609,229 79,080,032 14,885,000 19,084,892 44,527,702 3,633,984 2,508,799 4,954,248 8,942,092 8,799,293 621,116 502,789 711,011 358,426 153,055 93% 25% n/a n/a n/a - 656,836,918 705,771,231 713,980,767 244,021,000 188,737,396 11,827,635 82,176,345 10,820,000 25,360,171 51,802,831 1,208,072 9,889,162 2,359,418 1,891,712 5,215,686 9,485,541 6,478,600 129,644 691,843 952,484 970,012 102,534 203,761 778,200 2014-2015 92% -3% n/a 125% -70% -64% -34% -10% -29% -23% 60% 4% 4% 9% 435,358,754 492,646,198 502,367,460 192,780,541 61,709,742 17,094,833 25,489,320 84,009,114 10,326,534 14,782,000 1,438,711 8,308,485 8,405,433 1,541,873 2,292,392 1,881,498 5,372,549 9,210,000 1,182,717 5,428,400 186,438 382,748 102,534 223,141 -30% 87% n/a 405,547,183 455,011,510 465,924,948 173,877,725 29,600,101 71,738,387 12,570,324 74,117,000 1,323,099 6,743,805 9,823,462 5,000,000 2,001,662 1,215,863 1,642,848 5,675,556 5,376,000 1,972,906 8,741,640 7,073,300 433,088 933,483 207,989 245,699 58,938 87% -7% 500,699,939 590,613,701 600,334,266 102,546,000 207,972,000 13,186,657 80,455,420 30,831,000 67,086,699 19,468,996 5,934,799 5,000,000 2,533,338 2,118,238 5,617,991 2,642,206 1,493,998 6,407,100 583,698 409,899 893,454 923,310 267,481 297,665 38,235 83% 29% 721,733,619 786,132,618 796,043,237 281,204,000 216,861,000 11,467,426 15,147,304 52,543,705 35,795,000 77,986,505 27,949,968 5,000,000 3,370,395 1,531,470 5,425,067 2,808,503 4,878,300 293,955 700,702 688,097 799,737 437,866 253,611 336,654 12,027 91% 33% 581,633,458 629,637,409 635,875,338 129,630,285 100,665,000 226,132,535 12,473,362 10,285,356 32,326,196 28,219,741 22,055,429 11,000,000 1,442,193 3,323,438 1,570,586 5,071,056 3,124,441 135,249 125,295 900,124 329,306 728,458 102,035 -20% 91% n/a - International Survey on Private Copying Law & Practice 2016 17
23
2015 Slovenia ch
ion data data ion o in in o in 2015 it 2015 in
2014 No functioning collection in in collection Nofunctioning
2013 2012 and a peak in 2014, 2014, in peak anda 2012 -
weighted) average for the EU the for average weighted) - 2012
ia, Turkey and Ukraine. and Turkey ia,
2011 It ranges from 0.41 euro to 0.99 euro; 0.99 to euro 0.41 from ranges It 3% 9% -7% 66% 11% 13%
-21% -25% -21% -38% -32% -54% -20% -20% -19% 187% 383% 106% 942% -100% rth row excludes countries for which any one year any one year which for countries excludes row rth weighted average encompasses all countries with with countries encompasses all average weighted This metric increased slightly from 0.84 eur 0.84 from slightly increased metric This -
2010 Revenues per capita in 2015 ranged from less than 0.01 than less from 2015ranged in capita Revenues per
2009 4% 6% 5% 6% n/a n/a n/a n/a 17 No relevant figures available Roman available figures Norelevant 91% 83% 47% 60%
-96% -59% -63% -42% -46% -100%
3601% , update 16 December16 2016. update , 2008
Total revenues surveyed Total countries revenues incompletes excluding Total Total EU The differences between these two rows are relatively small and only and only small relatively are rows two these between The differences
For total revenues, it was shown that this exclusion did not change mu change not did exclusion this was shown that it revenues, total For
2007 viations as a measure of the spread between countries in the revenues per per revenues the in countries between spread the of a measure as viations Total revenues for all countries in dataset, total excl. incompletes and total EU total and incompletes excl. total dataset, in countries all for revenues Total
0 Total revenues for all countries in dataset, total excl. incompletes and total EU revenues for all countries in dataset, total excl. Total countries in the sample and the fou the and sample the in countries ismissing. (see the blue versus the dashed orange line in Figure 1), but for revenues per capita, capita, per revenues for but 1), Figure in line orange dashed the versus blue the (see such countries populous for data missing partially of because substantial is effect the and Ukraine. States United the as 2011 in dip significant a with 2015, in euro 0.87 to 2007 Germany. to ascribed be largely can which of both (population the provides rows bottom the of The third data available for each specific year. specific each for available data euro. was0.58 second the revenues, capita per in trends global of understanding a better To gain is year any one which for countries excluding while averages, these gives row missing. In the first of these, the population the these, of first the In = no growth/decline figure available. figure growth/decline no = €
”
n/a “ • • •
http://data.worldbank.org/
400,000,000 600,000,000 700,000,000 900,000,000 100,000,000 200,000,000 300,000,000 500,000,000 800,000,000 Hungary Italy Japan Latvia Lithuania Netherlands Norway Paraguay Poland Portugal Russian Federation Slovak Rep. Spain Sweden Switzerland Ukraine United States Total Total excluding incompletes Total Total EU Total € € € € € € € € € 17
The last six rows in Table 8 give average revenues in the participating countries and countries participating the in revenues average 8 give Table in rows six The last de standard capita: Table 9 shows the total revenues per capita per year calculated using annual populat annual using calculated year per capita per revenues total 9 shows the Table Bank. World the from retrieved France. in euros 3.38 to Ukraine and States United the in euro
and Bulgaria. and 1: Figure Note: Figure 1: Note: “n/a” = no growth/decline figure available. No relevant figures available Romania, Turkey and Ukraine. No functioning collection available Romania, relevant figures available. No figure Note: “n/a” = no growth/decline in Slovenia and Bulgaria. 18 International Survey on Private Copying Law & Practice 2016 Table 9: • • • • measure ofthespread betweencountriesintherevenues percapita: The last six rows in Table 8 give average revenues in the participating countries and standard deviations as a Ukraine to3.38euros inFrance. the World Bank Table 9showsthe totalrevenues percapitayearcalculatedusingannualpopulationdataretrieved from 18 Norway Netherlands Lithuania Latvia Japan Italy Hungary Greece Germany France Finland Estonia Denmark Czech Republic Croatia Canada Burkina Faso Belgium Austria http://data.worldbank.org/, update16December2016. (2001/29/EC) andanumberofimportantCJEUrulingsonprivatecopyingleviesoverthelastfewyears. subsample isevenmarginallywider, despitetheshared legalframeworkoftheCopyrightDirective or divergence.Infact,acomparisonbetweenthelasttworows reveals thatthespread withintheEU spread in the revenues per capita fluctuatesover theyearsandshows noclearindications ofconvergence entire sampleandthenfortheEUcountriesinsample.Thevaluestheserows illustrate thatthe The twobottomrows givetheunweightedstandard deviationoftherevenues percapita,firstforthe 2015, adipin2011and2012peak2014. thatresemblesThese EUaveragesfollowapattern Figure 1,withaslightnetincrease between2007and these tworows are relatively smallandonlycausedbypartiallymissingdataforEstoniaRomania. sample andthefourthrow excludescountriesforwhichanyoneyearismissing.Thedifferences between The third of the bottom rows provides the (population-weighted) average for the EU countries in the Germany. 2015, withasignificantdipin2011-2012andpeak2014,bothofwhichcanlargelybeascribedto as theUnitedStatesandUkraine.Thismetricincreased slightlyfrom 0.84euro in2007to0.87euro in revenues per capita, the effect is substantial because of partially missing data for populous countries such that thisexclusiondidnotchangemuch(seetheblueversusdashedorangelineinFigure 1),butfor averages, whileexcludingcountriesforwhichanyoneyearismissing.Fortotalrevenues, itwasshown To gainabetter understandingofglobaltrends inpercapitarevenues, thesecondrow givesthese each specificyear. Itrangesfrom 0.41euro to0.99euro; in2015itwas0.58euro. In thefirstofthese,population-weightedaverageencompassesallcountrieswithdataavailablefor Total revenuespercapitainparticipatingcountries(incurrent€)* Country 18 . Revenuespercapitain2015rangedfrom lessthan0.01euro intheUnitedStatesand 2007 1.18 0.03 0.37 0.13 1.21 1.15 0.00 1.81 2.55 2.94 0.21 0.98 0.51 0.06 0.61 1.89 1.98 n/a n/a 2008 1.03 0.25 0.28 0.16 1.05 0.84 0.05 1.55 2.59 2.26 0.17 1.07 0.85 0.31 0.55 1.46 1.59 n/a n/a 2009 1.03 0.90 0.22 0.17 0.15 0.75 0.89 0.01 3.54 2.66 1.65 0.09 0.97 0.71 0.44 0.44 1.22 1.40 n/a 2010 1.07 0.65 0.03 0.10 0.20 0.87 0.95 0.07 2.98 2.90 1.21 0.91 0.27 0.36 0.35 0.04 2.48 1.18 n/a 2011 1.08 0.55 0.03 0.11 0.20 1.41 1.04 0.11 0.18 2.95 1.01 0.82 0.30 0.29 0.23 0.07 2.20 0.93 n/a 2012 1.13 0.32 0.66 0.10 0.07 1.20 1.27 0.02 0.92 2.65 1.31 0.02 0.75 0.32 0.25 0.18 0.05 2.14 0.69 2013 1.11 1.83 0.89 0.13 0.01 1.11 1.97 0.03 1.25 3.15 1.18 0.02 0.73 0.32 0.27 0.13 2.18 0.71 n/a 2014 1.06 2.12 0.96 0.22 0.00 1.28 2.83 0.03 3.47 3.26 0.89 0.01 0.65 0.33 0.26 0.10 2.89 0.74 n/a 2015 0.98 1.67 1.07 0.17 0.01 2.13 2.24 0.01 1.24 3.38 2.01 0.00 0.67 0.36 0.24 0.07 2.21 1.17 n/a International Survey on Private Copying Law & Practice 2016 19 n/a 0.14 0.04 0.32 0.22 0.27 0.00 1.05 1.51 0.00 0.00 0.58 0.87 1.42 1.43 0.90 0.95 0.12 0.04 0.07 0.17 0.37 0.13 0.11 1.56 1.40 0.00 0.00 0.71 1.09 1.69 1.78 1.05 1.14 0.14 0.06 0.09 0.13 0.56 0.08 0.11 1.37 0.73 0.00 0.00 0.54 0.82 1.17 1.23 0.79 0.85 0.15 0.04 0.12 0.10 0.21 0.08 0.11 1.03 0.84 0.00 0.00 0.41 0.63 0.95 1.00 0.65 0.71 n/a 0.05 0.22 0.08 0.12 0.07 1.32 0.89 1.05 0.00 0.00 0.45 0.69 1.02 1.08 0.71 0.76 n/a 0.05 0.22 0.05 0.01 0.13 1.76 1.05 1.51 0.00 0.00 0.64 0.98 1.55 1.63 0.87 0.93 n/a n/a n/a 0.07 0.34 0.02 0.00 0.12 1.71 1.36 2.08 0.99 1.02 1.60 1.68 0.88 0.90 n/a n/a n/a 0.13 0.44 0.01 0.00 0.18 1.31 1.56 2.93 0.80 0.82 1.24 1.31 0.82 0.73 n/a n/a n/a n/a 0.11 0.55 0.00 0.17 0.90 2.09 1.58 0.84 0.84 1.37 1.37 0.86 0.88 Paraguay Poland Portugal Romania Russian Federation Slovak republic Spain Sweden Switzerland Ukraine United States Average (population weighted) Average Average excluding incompletes Average Average EU Average Average EU excluding incompletes Average Standard deviation (unweighted) Standard deviation EU (unweighted) It can be observed that countries with a percentage tariff (Table 3) are in the lower ranks of Figure 2. However, 2. However, of Figure the lower ranks in 3) are (Table tariff with a percentage countries It can be observed that a in the calculation of levies. From differences in wealth rather than from differences from this may result between is a positive correlation countries, there non-European from 2, it appears that, aside glance at Figure per capita and income per capita. revenues To reduce year-to-year volatility, the light grey (lower) bars give for each country the average revenues for give for each country the average revenues (lower) bars the light grey volatility, year-to-year reduce To three the top divided by average total population). Whereas revenues 2013-2015 (calculated as average total period, the positions of almost identical over this three-year are positions of France, Hungary and Belgium quite different. and Finland are Italy, other countries such as Germany, The blue and the dark grey (upper) bars in Figure 2 present the 2015 revenues per capita for each country, per capita for each country, the 2015 revenues 2 present bars in Figure (upper) The blue and the dark grey 9. In 2015, France collected to the rightmost column in Table sorted by value. These values correspond distance by Hungary, followed at a considerable capita, 3.38 euros, the highest private copying levies per give the (population-weighted) sample average and the EU average. Belgium, Italy and Finland. Dashed lines bars. depicted by dark grey Non-EU countries are Note: “n/a” = no revenue figures available; No revenue figures available for Turkey. No functioning collection in Slovenia and Bulgaria. Turkey. available for revenue figures available; No figures Note: “n/a” = no revenue only. the OSA revenues * Revenues for Czech Republic represent 20 International Survey on Private Copying Law & Practice 2016 identical over this three population). revenues for 2013 reduceTo year by dark grey bars. (population at a considerable distance by Hungary, Belgium, Italy and Finland. In 2015, France collected the highest private copying levies per capita, 3.38 euros, followe each country, sorted by value. blueThe andthe dar Note: reve per capita: its levy revenues per capita. horizontal axis corresp revenues per capita. (GNI) of the participating countries in purchasing power parity (PPP) versus the 2015levy Figure 3 averageaverage and populationEU Note: Figure 2: countries, there is a positive correlation between revenues per capita and income per capita. the calculation of levies. Figure 2. It can beobserved that countries with apercentage tariff (Table 3) are in the lower ranks of and Finland are quite different. Figure 2: 19 GNI The correlation suggestsanotherrelevant metrictouseincomparingcountries:totallevyrevenues relative to coefficient is0.35.WhenthedatasetlimitedtoEU,correlation coefficientjumpsto0.47. levy revenues percapita.Thevarianceissubstantial,however. IncludingallvaluesinFigure 3,thecorrelation between leviesandGNIpercapita:thehigherpurchasing powerpercapitainacountry, thehigher and thatontheverticalaxiscorresponds toitslevyrevenues percapita.Figure 3showsapositivecorrelation represents a country in the sample; the coordinate on the horizontal axis corresponds to its GNI per capita participating countriesinpurchasing powerparity(PPP)versusthe2015levyrevenues per capita.Eachdot Figure 3 looksmore closelyatthisrelationship bydepictingthe2015gross nationalincome(GNI)of the Sample averageandEUpopulation-weighted. Note: no2015revenue figures availableforBurkinaFaso,Romaniaand Turkey. NofunctioningcollectioninSloveniaandBulgaria. 191 euros inleviesare collected.Francecomessecond, followedbyLithuaniaandItaly. has byfarthehighestrevenues from privatecopyingleviesrelative toGNI:for every1millioneuros ofGNI, the sampleandEUaveragevalues(weightedbyGNI) non-EUcountriesare depictedbygrey bars.Hungary Russian Federation (unweighted) Standard deviation EU For thismetric,it is more intuitivetousenominal GNIincurrent €(Atlasmethod,not PPP). Slovak republic Slovak Czech Republic Czech 19
no 2015 revenue figures available for Burkina Faso, and Turkey.Romania “ United States United n/a nues per capita. . Figure 4rankstheparticipatingcountriesusingthismetric.AsinFigure 2,thedashedlines represent Netherlands Switzerland ” Paraguay Lithuania Germany Denmark
Portugal Hungary = no revenue figures available; Belgium Sweden Ukraine Norway Canada Estonia Finland Croatia Greece Austria Poland Levy revenuespercapitain2015and2013-2015average(lightgreybars) France
Latvia Japan
looks closely more at this rel Spain
However, this result may from differences in wealth rather than fro Italy
Levy revenues per revenues capitaLevy in 201 2015and
the higher the purchasing power per capita in acountry, the higher the levy -
weighted) sample average and theaverage. EU Whereas theWhereas top three positions of France, Hungary andBelgium are almost € - € € € € € € - € 0.00 0.00 0.00 0.00 0.01 0.01 to € 0.04 0.07 Sample Sample € - €
- 0.14 year volatility, the light grey (lower) b 2015 (calculated as average total revenues divided by average total 0.17 € € € 0.22
0.24 k grey (upper) bars in Figure 2 The varianceThe is substantial, however. dotEach represents a country in the sample; 0.27 € average € 0.32 onds to its per GNI capita and that on the vertical axis corresponds to € - - 0.36 weighted. 0.50 0.50 year period, the po
From aglanceFrom at Figure 2, it appears that, aside from non 0.88
No revenueNo figures available for Turkey.
Figure apositive 3shows correlation between levies andGNI €
0.67
These valuesThese correspond to the rightmost column in Table 9. € 0.73 1.00 1.00 € 0.98
€ ationship by depicting the 2015 gross national income € EU EU 1.05 1.07 € average 1.17 € 0.90 1.24 sitions of other countries such Italy,as Germany, €
1.50 1.50 € 1.51 0.93 €
No functioningNo collection in 1.67 present the 2015 revenues per capita for
No functioningNo collection in 3 € ars give for each country the average - 2.00 2.00 2015 average 2015 (lightaverage grey bars) 0.76 €
2.01 Including all values in Figure 3,
Non €
2.13 € € 2.21 2.24 - EU countriesEU are depicted 0.71 €
the coordinate onthe Dashed linesDashed give the 2.50 2.50
Slovenia Slovenia 0.85
and Bulgaria. m differencesm in
and Bulgaria. € 3.00 3.00 1.14 - European
Sample Sample
€ €
3.38 3.50 3.50 0.95
d 25
International Survey on Private Copying Law & Practice 2016 21
0 0 26 0 0 7 using using
Asin
total levy levy total 0
0 0 Norway 0 6 Switzerland not PPP). not
United States 0 0 0 0 5 (Atlas method, (Atlas Germany Netherlands Denmark Austria Sweden ) €
n 0 i Belgium Canada
0 P 0 P 0 P 4 Finland (
France a t i p Japan a Hungary has by far the highest revenues revenues highest the far by has Hungary to use in comparing countries: comparing in use to c
r No 2015 revenue figures available for Burkina Faso, Romania and Faso, Burkina for available figures revenue No2015 Italy
e p
I 0 N 0 G 0
for every 1 million euros of GNI, 191 euros in in 191 euros GNI, of euros 1 million every for 0 5
3 1 0 2 (Update December 16, 2016) and converted from current US$ values into € US$ into values current from and converted 2016) December 16, (Update
Lithuania
Hungary When the dataset is limited to the EU, the correlation correlation the EU, the to limited is Whendataset the 0
0 ss National Income (PPP), per capita in 2015 euros 2015 in capita per Income (PPP), National ss 0 ted by grey bars. grey by ted 0 2
and Bulgaria. and
Figure 4 ranks the participating countries using this metric. this using countries participating the 4 ranks Figure Croatia
18
http://data.worldbank.org/ Slovenia 0 0 0 France comes second, followed by Lithuania and Italy. by Lithuania followed comesFrance second,
0 Paraguay 1 dollar/euro exchange rate provided by the WorldBank. the by provided rate exchange dollar/euro Ukraine Levy revenues v Gro revenues Levy
0 EU countries are depic are EUcountries - Levy revenues v Gross National Income (PPP), per capita in 2015 euros Income (PPP), per v Gross National Levy revenues 0 0 0 0 0 0 0 0 0 0 0 5 5 5 0 0 5 0 ...... 0 0 2 1 1 3 2 4 3 No functioning collection in in collection Nofunctioning
€ € € € € € € € €
GNI per capita retrieved from from retrieved capita GNIper 2 v e r y v e l 5 1 0 a c r e p s e u n e ) € n i ( a t i p For this metric, it is more intuitive to use nominal GNI in current € current GNI in nominal use to more intuitive is it metric, this For
18 the average annual annual average the Turkey. Note: levies are collected. are levies 3: Figure Figure 2, the dashed lines represent the sample and EU average values (weighted by GNI) GNI) by (weighted and EU sample values the average represent lines dashed the 2, Figure non and GNI: to relative levies copying private from The correlation suggests another relevant metric relevant another suggests The correlation GNI. to relative revenues the correlation coefficient is 0.35. is coefficient correlation the 0.47. to jumps coefficient Note: GNI per capita retrieved from http://data.worldbank.org/ (Update December 16, 2016) and converted from current US$ values current December 16, 2016) and converted from http://data.worldbank.org/ (Update from Note: GNI per capita retrieved available for Burkina figures Bank. No 2015 revenue World by the exchange rate provided into € using the average annual dollar/euro Bulgaria. No functioning collection in Slovenia and Faso, Romania and Turkey. Figure 3: 22 International Survey on Private Copying Law & Practice 2016 possible correlations considered.be may In addition to this correlat average GNI revenue figures available for Burkina Faso, andTurkey. Romania 16, 2016) and converted from current values US$ to Note: Figure 4: be a proxy for the availability of equipment for making legitimate private copies. legislation. Internet or not may may beleviable, depending onthe nature of the copy and sources does not produce leviable private copies and that legal copies acquired from the de Thuiskopie 0.28. there appears to bea(weak) correlation. revenues per capit inferences regarding causality from the correlations displayed below. Figure 4: legitimate privatecopies. cannot belinkedcausallytoprivatecopying,butmayaproxy fortheavailabilityofequipment making be leviable,dependingonthenature ofthecopyandrelevant availability legislation.Hence,Internet does notproduce leviableprivatecopiesandthatlegalacquired from mayornot theInternet Stichting deThuiskopierulingbytheCJEU(C-435/12)confirmedthatdownloadingfrom illegalsources theEUsubsample it is0.22.Itimportant to notethattheACI Adam/ for thewholesample is 0.28.Within users per100inhabitantsin2015.Again,there appearstobea(weak)correlation. Thecorrelation coefficient correlations displayedbelow. Figure 5plotsthe2015revenues percapitaagainstthenumberofInternet may beconsidered. Care shouldbetakennottodrawunfoundedinferences regarding causality from the In additiontothiscorrelation betweenpercapitalevyrevenues andGNI,variousotherpossiblecorrelations Slovenia andBulgaria.SampleaverageEUGNI-weighted. provided bytheWorld Bank.No2015revenue figures availableforBurkinaFaso,Romaniaand Turkey. Nofunctioningcollectionin (Update December16,2016)andconvertedfrom current US$valuesto€usingtheaverageannualdollar/euro exchangerate Note: GNIincurrent €(Atlasmethod),calculatedusingGNIpercapitaandpopulationretrieved from http://data.worldbank.org/ Russian Federation Slovak republic Slovak Czech Republic Czech
GNI inGNI current United States United Netherlands
Switzerland Within the subsample it EU is 0.22. Paraguay Lithuania Germany Denmark Portugal Hungary Belgium Sweden Ukraine Norway Canada Estonia Finland - Croatia Greece Austria Poland France Levy revenuespercapita1millioneurosofGNIin2015 weighted. Latvia Japan Spain
Italy Levy revenues per revenues capitaLevy per 1million euros ofin GNI 2015
Hence, Internet availability cannot be linked causally to private copying, but may € € (Atlas method), calculated using perGNI capita and population retrieved from 0 ruling € €
€ € € € € 0.00 0.01 0.17 0.29 0.51 € 1.16 1.62 3.44 a against the of number Internet users per inhabitants100 in 2015. € € € 11.55
12.32 12.77 by the CJEU (Cby the CJEU € € Sample Sample 16.78 € 17.35 € € € 19.73 € 20.10 20.92 21.73 € 22.29 16.99 € ion between per capita levy revenues and GNI, various other average average € 27.37 29.85 € € 35.89 37.82 € 50 € EU EU € 47.81 € using the average an average average 45.54 € - 55.49 435/12) confirmed that downloading from illegal
It is important to note that the correlationThe coefficient for the whole sample is
Care should be taken not to draw unfounded No functioningNo collection in € 72.07 € 79.70 nual dollar/euro exchange rate provided by the Bank. World € € 92.60 100 Slovenia http://data.worldbank.org/
and Bulgaria.
Figure 5plots the 2015 € 150 ACI Adam ACI
Sample average and EU average andEU Sample
the relevant
(Update December / Sti chting
Again,
No 2015 No € € 191.42 200 27
International Survey on Private Copying Law & Practice 2016 23
s 0
0 28 1 - Norway
Denmark ave a ave Japan Netherlands Finland Data are in in are Data . . Sweden EU countries EUcountries - 0 9 Canada Switzerland Germany transactions. Belgium for France No 2015 revenue figures available available figures revenue No2015
- Austria ers per 100 inhabitants 100 per ers
0 8 ) 5 payments for and receipts from from receipts and for payments 1 0 2 (
n
o i The latter variables are widely widely are variables The latter t
a
United States Hungary However, just like the number of number of the like just However, l
19 u The detailed description of these indicators indicators these of description detailed The p Lithuania o (Update December 16, 2016). December 16, (Update p
originals or prototypes (such as copyrights on copyrights as (such prototypes or originals 0 0
0 7 and Bulgaria. and 1
r border payments. border Payments for and receipts from copyright from receipts and Paymentsfor e -
p euros v Internet us Internet v euros
border payments for and receipts from the use use the from receipts and for payments border
s Italy r - e s Slovenia u
t it includes several sorts of IP other than copyright, copyright, than other IP of sorts several includes it e
2014 n
r e t in n
I 0 6 http://data.worldbank.org/ capita
Charges for the use of intellectual property are payments payments and receipt are property intellectual of use the for Charges unctioning collection in in collection unctioning : “ : per , update December 16, 2016. 2016. December 16, update ,
Nof
Ukraine rights (IPRs) per capita. per (IPRs) rights 0 Despite all the caveats mentioned above, these two variables h variables two these above, mentioned caveats the all Despite 5
. ” Paraguay revenues
The horizontal axis in Figure 6 has a logarithmic scale to account for the large large the for account to scale a logarithmic 6 has Figure in axis The horizontal
dollars . The latter variables are widely available in the countries participating in the survey and may be widely available in the countries participating in the . The latter variables are . . Levy Levy revenues per capita in 2015 euros v Internet users per 100 inhabitants euros v Internet per capita in 2015 Levy revenues
20 0 plots the 2015 revenues per capita against the total total the against capita per revenues 2015 the plots : 4
5
0 0 0 0 0 0 0 0 0 ance of intellectual property (IP) in an economy.an in (IP) property intellectual of ance 5 0 0 5 0 0 5 0 5 ...... 0 0 1 1 2 3 2 3 4
Internet users per 100 inhabitants retrieved from retrieved inhabitants 100 per users Internet € € € € € € € € €
2 v e r y v e l 5 1 0 a c r e p s e u n e ) € n i ( a t i p Bank is: by the World provided http://data.worldbank.org/, update December 16, 2016. The detailed description of these indicators http://data.worldbank.org/ Figure 6 plots the 2015 revenues per capita against the total payments for and receipts from IP per capita in from capita against the total payments for and receipts per 6 plots the 2015 revenues Figure coefficient a substantial correlation 2015. Despite all the caveats mentioned above, these two variables have 6 has excluded. The horizontal axis in Figure non-EU countries are slightly to 0.26 when of 0.31, decreasing between countries in per capita IP charges. a logarithmic scale to account for the large differences considered a proxy for the importance of intellectual property (IP) in an economy. However, just like the However, (IP) in an economy. of intellectual property for the importance a proxy considered sorts of IP other than copyright, it includes several number of Internet proxy: users, this is a very rough these with authorized paid-for transactions. Moreover, and private copying may not necessarily correlate payments. only cross-border indicators measure “Charges for the use of intellectual property are payments and receipts between residents and nonresidents for the authorized use and nonresidents between residents payments and receipts are “Charges for the use of intellectual property and franchises) secrets, and designs including trade (such as patents, trademarks, copyrights, industrial processes rights of proprietary (such as copyrights on books and manuscripts, originals or prototypes of produced licensing agreements, and for the use, through live performances and television, rights (such as for and related cinematographic works, and sound recordings) computer software, U.S. dollars”. in current Data are cable, or satellite broadcast). 20 Note: Internet users per 100 inhabitants retrieved from http://data.worldbank.org/ (Update December 16, 2016). No 2015 revenue http://data.worldbank.org/ (Update December 16, 2016). No 2015 revenue from Note: Internet retrieved users per 100 inhabitants No functioning collection in Slovenia and Bulgaria. Turkey. available for Burkina Faso, Romania and figures per capita in each country between the levy revenues metric might be the relationship Another relevant rights the use of intellectual property from for and receipts payments overall cross-border and that country’s an important part of this works are copyright-protected from receipts (IPRs) per capita. Payments for and indicator Figure 5:
books and manuscripts, computer software, cinematographic works, and sound recordings) and and recordings) and sound works, cinematographic software, computer and manuscripts, books broadcast) satellite or cable, television, and performances live for as (such rights related U.S current between residents and nonresidents for the authorized use of proprietary rights (such as patents, patents, as (such rights proprietary of use authorized the for and nonresidents residents between and franchises) and secrets, trade including designs and processes industrial copyrights, trademarks, produced of agreements, licensing through use, the for 19 Bank World is the by provided are excluded. are charges. IP capita per in countries between differences Figure 6 Figure 2015. in capita per IP when non 0.26 to slightly decreasing 0.31, of coefficient correlation substantial and private copying may not necessarily correlate with authorized paid authorized with correlate necessarily may not copying private and cross only measure indicators these Moreover, available in the countries participating in the survey and may be considered a proxy for the the for a proxy mayand beconsidered survey the in participating countries the in available import proxy: rough a very is this users, Internet each country and that country’s overall cross overall country’s that and country each property intellectual of indicator. this of part important an are works protected for Burkina Faso, Romania Turkey. and Faso, Burkina for in capita per revenues levy the between relationship the be might metric relevant Another Note: Figure 24 International Survey on Private Copying Law & Practice 2016 Figure current U.S related rights (such as for live performances and television, cable, or satellite broadcast) books andmanuscripts, computer software, cinematographic works, andsound recordings) and for the use, through licensing agreements, of produced trademarks, copyrights, industrial processes and designs including trade secrets, and franchises) and between residents andnonresidents for the authorized use of proprietary rights (such as patents, provided by the Worldis Bank 19 differences between countries in per capita IP charges. are excluded. substantial correlation coefficient of 0.31, decreasing slightly to 0.26 non when IP per capita in 2015. Figure 6 Moreover, these indicators measure only cross and private copying not may necessarily correlate with authorized paid Internet users, this is avery rough proxy: import available in the countries participating in the survey consideredbe and may a proxy for the protected works are an important part of this indicator. of intellectual property each country and that country’s overall cross Another relevant metric might be the relationship between the levy revenues per capita in for Burkina Faso,and Turkey. Romania Note: Figure 6: 21 PPP, outtoperformslightlybetterinexplaining levyrevenues whichturns considered aratherhighlevelofcertainty. ThesecondmodelusesnominalGNIpercapitainsteadofin out tobestatisticallysignificantabovea95percentconfidenceinterval,whichforthissmalldatasetcan constant, whether ornot a country is amember of the EU, andthe GNI per capita in PPP. The latter two turn 2014 and2013fortheparticipatingcountries.Infirstmodel,2015 revenues percapitaare explainedbya Table 10present theoutcomesofso-calledcross-sections toexplainthelevyrevenues percapitain2015, which limitsthepossibilitiesforsuchanalysis. understand levyrevenues. Itshouldbenoted,however, thattheannualnumberofobservationsisfairlysmall, revenues. Econometric techniquescanbeappliedtotest the relative contribution ofvarious variables to forinstancethelinkbetweenpercapitaincomeandlevy all bedrivenbyonecommonunderlyingpattern, As said,thecorrelations shownabove should notautomatically be perceived ascausal. Moreover, theymay Note: No2015revenue figures availableforBurkinaFaso,Romaniaand Turkey. NofunctioningcollectioninSloveniaandBulgaria. driven bytheunderlyingGNI ofthecountriesindataset. (either togetherorseparately), whichindicatesthatthecorrelations depictedinFigure 5and6are primarily people andthechargesforreceipts from IPpercapita.Thesetwovariables are notstatisticallysignificant The third usersper100 modelfor2015issimilartothesecond,butalsoincludes thenumberofinternet Together, EU-membershipandGNIpercapitacanexplain26~29centofthevariationin levyrevenues. per capita,andforeachadditional1000euros ofGNIpercapita, levyrevenues are about0.02euro higher. EUmembers have 0.72~0.94euros(fifth andseventhcolumn)showasimilarpattern: higherlevy revenues revenues percapitaare about0.02 euro higher. Thecounterpartsofthissamemodel for2014and2013 per capitawhencorrecting forincomelevel, whileforeachextra1000euros ofnationalincomepercapita, This second model canbeinterpreted asfollows: EUmembershaveonaverageabout0.85euros higherlevies other modelsonly usenominalGNIpercapita. the differences inlevyrevenues betweencountries,isalittlehigher. Thesameholds forothermodelsandyears,which iswhythe
http://data.worldbank.org/
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International Survey on Private Copying Law & Practice 2016 25 29 0.44 0.33 2013 -0.35 -0.38 -0.31 (0.31) (0.46) (0.50) (0.34) (0.61) 0.015* 0.61** (0.29)** (0.008)** 29 0.28 2013 -0.35 (0.23) (0.36) 0.72** 0.020** (0.30)** (0.007)** 29 0.44 0.36 2014 0.66) -0.60 -0.78 (0.31) (0.61) (0.45) (0.82) -0.06 ( 0.020* 0.79** (0.39)** (0.011)** 29 0.26 2014 -0.48 (0.20) (0.48) 0.94** 0.025** (0.41)** (0.010)** 28 0.43 0.48 2015 -0.30 -0.36 -0.14 0.013 (0.30) (0.55) (0.57) (0.39) (0.71) 0.74** (0.009) (0.34)** 28 0.34 0.14 0.70 2015 -0.02 (0.22) (0.02) (0.16) (1.15) 0.025* 1.00** (0.013)* (0.39)** 28 0.29 2015 -0.38 (0.23) (0.41) 0.85** 0.020** (0.35)** (0.008)** 28 0.26 2015 -0.61 (0.20) (0.52) 0.74** 0.028** (0.35)** (0.012)** Regression models for revenues per capita (cross-sections) Regression models R-squared (adjusted) Charges for IP per capita/1000 Government after negotiation Internet users per 100 pop. Negotiation industries and societies Direct State intervention GNI per capita in PPP/1000 GNI per capita/1000 State-funded system N Constant EU-member Levy revenues per capita in Levy revenues per capita year The third model again considers the effect of the tariff-setting option. Consistent with the result from Table Table from option. Consistent with the result of the tariff-setting model again considers the effect The third after negotiation between rightholders and the 10, the model in which the government sets the tariffs by the State seems set directly are industry generally yields higher outcomes, while the model in which tariffs per capita. to yield the lowest revenues Note: “n/a” = no revenue figures available; No revenue figures available for Turkey. No functioning collection in Slovenia and Bulgaria. No functioning collection in Slovenia Turkey. available for revenue figures available; No figures Note: “n/a” = no revenue data set for the so-called panel models which allows for using the entire three 11 presents Table Lastly, The first two models (using different within this period. years 2007-2015 and for studying the time trend 10: Table in models simple the from observation the with consistent are techniques) estimation econometric the countries (at 0.55~0,68 euros, revenues per capita than the other EU members have significantly higher are of GNI per capita, levy revenues euros and for each 1000 more is slightly smaller here), estimated effect per of 0.02~0.03 euros suggest a negative time trend In addition, these models higher. 0.01~0.03 euros GNI and EU-membership. for (growing) capita per year when correcting Table 10: Table The last model for 2015 and its counterparts for 2014 and 2013 examine the effect of the tariff-setting of the tariff-setting examine the effect for 2014 and 2013 its counterparts for 2015 and The last model from 0, the statistically significantly differ 2. Although none of the coefficients in Table model as summarized suggesting that is rather large, model and the other three between the first tariff-setting estimated difference industry and the rightholders between after negotiation the government which in the model the tariffs sets in the levy explain about 44 per cent of the variation outcomes. These last models can generally yields higher revenues. 26 International Survey on Private Copying Law & Practice 2016 Table 11: models, togetherwithGNI per capitaandavariableexpressing whetheracountryismember oftheEU. property rights.However, thesecorrelations outtohavenoadditionalexplanatorypowerin regression turn users per100inhabitants and percapitacross-border payments forandreceipts from theuseof intellectual Other correlations exist firstly between revenues per capita and secondly, between the number of Internet relative toGNI;France comessecond,followedbyLithuania,ItalyandBelgium. is particularlystrong withintheEU.Hungaryhasbyfar highest revenues from privatecopyinglevies higher thepurchasing powerpercapitaina country, thehigherlevy revenues percapita.Thiscorrelation between thelevyrevenues percapitaandseveralmacro-economic variables havebeenestablished.The Although care shouldbetakennottodrawunfounded inferences aboutcausality, someinteresting correlations average increased slightlyfrom 1.37euros in2007to1.43euros in 2015. available foreveryyear)increased slightlyfrom 0.84euro theEU,this in2007to0.87euro in2015.Within Belgium, ItalyandFinland.Overtheyears,population weightedaverage(forallcountrieswithdata euros inFrance.In2015,Francecollectedthe highestprivatecopyingleviespercapita,followedbyHungary, Revenues percapitain2015rangedfrom less than0.01euro intheUnitedStatesandUkraineto3.38 for afairlystable83percentto93oftotalrevenues. the RussianFederationandNetherlands.Overyears,EUcountriesinsurveyhaveaccounted Examples of othercountries that showsignificant changes both inabsolute andin relative terms are Spain, decreases in2011and2015.Byfarthelargestcontributortovolatilityoftotalrevenues isGermany. and tablets. Revenues are volatile, however, with strong increases in2009,2013 and 2014,significant oflevysystemsinmanycountriesbyextendingthemtonewdevicessuchassmartphones modernization an all-time highof 796 million euros in 2014 to 636 million euros in 2015. Underlying this trend is a gradual copying levysystemsincreased by6percentbetween2007and2015:from 598million euros in2007via onPrivateCopyingshowsthattotalrevenuesThis 2016editionoftheInternationalSurvey from private or servetobroaden theknowledgeofthisspecificcopyrightandneighboringrightsissue. developments inthefieldofprivatecopying.Itishopedthatthissurveywillbeausefultoolnegotiations and awillingnesstocompensaterightholdersfortheircreative efforts. Itisimportanttocontinuemonitoring whose exclusiverightshavebeennarrowed. Conversely, there isnoticeableappreciation ofcreative content about regulations, thescopeofexceptionsandmeanssecuringfaircompensationforrightholders environment. Theseadaptations are more easily accepted in somecountries than inothers;there isdebate rightholders are strugglingtoadapttheglobalizationofuseprotected worksandtothedigital The privatecopyingcompensationsystemsintheworldareindustryand notunchallenged.Governments, 8. interval. Note: Coefficientswithstandard errors inparenthesis. *Significantat90%confidenceinterval;**95% R-squared (adjusted) N State-funded system Direct Stateintervention Negotiation industriesandsocieties Government afternegotiation EU-member Constant Year –2007 GNI percapita/1000 Model Conclusion Regression modelsforrevenuespercapita(paneldata) Panel leastsquares 0.026** (0.003) 0.68** (0.11) -0.28* (0.15) -0.03* (0.02) 0.32 (0.31) 247 Panel EGLS(cross-section 0.23 (unweighted) random effects) 0.011** (0.006) 0.55** (0.24) -0.02 (0.01) 0.14 (0.25) 247 Panel leastsquares 0.020** (0.003) -0.38** (0.14) 0.61** (0.10) -0.01 (0.22) -0.07 (0.18) -0.02 (0.02) 0.40 (0.39) 0.26 (0.16) 247 International Survey on Private Copying Law & Practice 2016 27 http://ipkitten.blogspot.nl/ http://the1709blog.blogspot.nl/ http://www.ivir.nl http://kluwercopyrightblog.com/ http://ec.europa.eu/internal_market/copyright/levy_reform/index_en.htm Much has been published on private copying and other exceptions and limitations in copyright. Further copyright. in and limitations exceptions other and copying on private published has been Much the societies, collecting participating the of websites the on found be can subject the on information legal blogs. respected institutions and various research information sites, academic Commission European below. provided Some examples are EU members have 0,72~0.94 euro higher levy revenues per capita, and for each 1000 extra euros of GNI per 1000 extra euros capita, and for each per revenues higher levy euro have 0,72~0.94 EU members models suggest a slightly negative regression Moreover, higher. about 0.02 euro are capita, levy revenues rightholders after negotiation between in which the government while countries tariffs sets the time trend, per capita. have higher levy revenues and the industry generally 28 International Survey on Private Copying Law & Practice 2016 Contact information 1. COUNTRY REPORTS Collecting society:Collectionanddistribution Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Website Name oforganization Currency Country appointed by: Collecting societyorCMOis Liable forpayment Remuneration system Copyright law Distribution process Austria 10,000 hoursperhalfyearorhavinganetturnoveroflessthan30,000 euros peryear). Small retailersareexemptfromliability(eithernotsellingstorage media withmorethan supplier ordistributor. distribution inAustria.Theobligationforreportingandpaymentmay betransferred tothe The manufacturer, theimporterordirect sellerisresponsibleforpaymentasfromthefirst cards orharddiscincluded–notondevices. The remunerationiscollectedthroughleviesonthemedia–integratedmemory, memory equipment) aretobeusedbynaturalpersonsonly. The exceptiononlyapplieswhenthesourceislegalandcarriers(mediaand/or +431 7127136 +431 71787 Wien 1030 Baumannstraße 10 [email protected] [email protected] Peter Dienstl Paul Fischer www.aume.at Austro-Mechana Euro Austria Setting ofdistributionschemesis amatterforrightsowners. and reportsto,aspecialauthorityforCollectiveSocietiesunderthe MinistryofJustice. Austro-Mechana hasalegalmonopolyandspecialauthorization, andiscontrolledby, International Survey on Private Copying Law & Practice 2016 29 Austro-Mechana collects the funds and distributes them to the 7 collecting societies authorized to collect the remuneration, including Austro-Mechana itself. The collecting societies involved distribute the remunerations to their respective rightholders at their own discretion. Depends on the various regulations laid down by each collecting society for its own rightholders. Austro-Mechana represents the rights of composers, scriptwriters for music and music publishers, and distributes the revenues to the participating companies. Other societies represent music or film producers, broadcasting companies as producers, visual artists, writers, actors and directors, among others. By multilateral negotiations. Since Oct 1, 2015, the law sets the reporting deadline at 15 days as from the deadline at 15 days as from the Since Oct 1, 2015, the law sets the reporting for the first time in Austria. The last quarter in which media was distributed Agreement, by the end of the payment is due, as determined in the Umbrella reporting month. made in accordance with Austro-Mechana is allowed to check the reports for private or own purposes the Umbrella Agreement. If media is not used use), for instance by (the latter applying to school, university or collection no levy is due. This is stipulated companies, public institutions and similar, by law. by presenting the Exports are exempted and a refund can be obtained documents. purchase invoice, export invoice or other export The first distributor in the Austrian market is liable. In case of direct selling to private users from abroad, the direct seller is liable. Manufacturers are they have no market technically also obliged to pay the levies; however, relevance in Austria. Levies are set in free negotiations between rightholders and the Chamber of between rightholders and the Chamber Levies are set in free negotiations if negotiations fail. Commerce, or by arbitration use of media is obligatory for any new levies. A market survey on the Chamber of between rights owners and the Levies are set in free negotiations if negotiations fail. Commerce or by arbitration for for professional use. There is no exemption There is a legal exemption the mixed use of, e.g., single entrepreneurs. Since private users, including of this broadened in Oct 1, 2015, the applicability wording of the law was to (relating The point of view of Austro-Mechana provision is not fully certain. Supreme currently under examination by the Austrian the former wording) is Court. for private copying, such as All media not used within the relevant scope no levy on game consoles. Dictaphones, are exempt. Also, there is currently Refurbished products are not exempt. is still uncertain while there Negotiations on NPVR are ongoing. An outcome copying scheme, under certain is a possibility to include NPVR in the private conditions. Who distributes the collected remunerations towards rightholders? Frequency of distribution Which rightholders? How are the distribution schemes determined? How frequently is payment due? How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? Which criteria are used for determining the Which criteria are used levies/remuneration? or buyers exempt Are there any consumers from paying the levies? Are there any products exempt from levies? Are refurbished products exempt Are there any developments, or ongoing negotiations concerning new tariffs (e.g., cloud storage)? How are levies/remuneration determined? How are levies/remuneration Distribution process Collection process Rate setting 30 International Survey on Private Copying Law & Practice 2016 Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Implementation problems Court cases for certainmedia/devices? responsibility orrefusepayment Are thereliablepartieswhodeny Distribution keys Legal developments How cansocialandculturalfundsbeused? and/or culturalfundin2015? What istheamountdedicatedtosocial social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsiblefortheallocation Is thereasocialand/orculturaldeduction? reinforced followingthenewlaw onthelevyformediaofallkinds. Austro -Mechanawon.Asfromearly 2016,surveillanceofonlinesellers is being There wasaminordisputewithsome promotionmaterialsellersonUSBsticks, which 2017. A verdictintheAmazoncasewasgivenbySupremeCourtof AustriaonMarch15, and tablets). media buthasalreadyconsentedtopayfor“newmedia”(smartphones, allcomputers Amazon deniesallclaims.Cyberportisstillseekingasettlementconcerning traditional settlement canbesaidtohavebeensuccessful. a substantialamountforpreviousclaimsfromnearlyallmarketplayers and thusthe are identicalwiththecurrenttariffs(seeabove).Austro-Mechana alreadyreceived mobile phones,2013forallothernewmedia,memorycardsnotencompassed atall) MP4 filesandthelike.Thetariffsappliedtosettlementsforprevious claims (2012for external harddiscsandtablets,aswellmobilephonesenablingthestorage ofMP3/ The settlementincludesallmediasuchasmemoriesbuiltintocomputers ofallkinds, A settlementhasbeenreachedwithnearlyalldistributors/directsellers ofnewmedia. smartphones enteredintoforceonOct1,2015.Thenewlawisnotretroactive. A legalamendmentclarifyingtheclaimsfordigitalmedia,particularlyPCs, tabletsand Video: 46% Audio: 54% Distribution schemesforvariousmediaanddevices 16.50% VGR(broadcasts) 1.75% Bildrecht(visualartistsandphotographers) 23.50% VDFS(actors,directors) 23.50 %VAM (filmproducers) 6.25% LSG(musicproducersandperformers) 13.63% LiterarMechana(writersandpublishers) 14.87% Austro-Mechana(musiccreatorsandpublishers) Distribution scheme,video: % VGR(broadcast) 49.50% LSG(neighboringrights) 1.58% LiterarMechana 47.92% Austro-Mechana(musicalworks) Distribution scheme,audio: distribution schemestemsfrom2014andisasfollows: The distributionschemefor2015onwardsisnotyetfinalized.last cultural activities. For socialassistance;fortheorganizationofthematicfestivalsanddiverse and (ii)finalagreementondistributionamongtheparticipatingCMOs. be undertakenretroactivelyafter(i)asuccessfulrulingintheAmazoncase; No amounthasasyetbeendedicatedtothesocialandculturalfund.Thiswill levies. distribution, located at the various CMOs having a share in the private copying The differentfundsforsocialandculturalpurposesareresponsible distribution. Deductionsforsocialandculturalpurposesarestipulatedby law. Yes. 50%isdeductedforcollective(socialand/orcultural)purposesbefore International Survey on Private Copying Law & Practice 2016 31 <4 GB < 1 GB < 4 GB < 8 GB < 1 GB < 4 GB < 16 GB < 80 GB < 30 GB < 60 GB < 90 GB < 250 GB < 500 GB < 750 GB < 160 GB < 250 GB < 400 GB < 120 GB Capacity Capacity Capacity < 512 MB 60 minutes 80 minutes 60 minutes < 1 TB and more < 32 GB and more 120 minutes/25 GB < 600 GB and more < 160 GB and more 80 minutes/700 MB 80 minutes/700 MB 120 minutes/4.7 GB 120 minutes/4.7 GB 120 minutes/4.7 GB 240 minutes/8.5 GB 0.10 0.20 0.20 0.40 0.50 2.50 1.50 2.50 5.25 3.50 6.00 7.00 8.00 9.00 6.00 0.12 0.24 0.24 0.23 0.18 0.36 0.36 0.36 0.72 1.08 10.00 12.00 15.00 20.00 17.10 19.40 22.50 24.30 10.00 Tariff Tariff Tariff (euros) Video as from 1 Oct 2015 Current tariff valid Consumer electronics Audio Devices Devices USB stick Integrated memory in mobile phones with music and/ or video playback MP3 audio-player Ext. multimedia Hard disc with recording function MP3/MP4-player sat-receiver DVD-recorder, Hard disc receiver Audio cassette MiniDisc CD-R/-RW audio DVD+R/+RW Video cassette Video CD-R/-RW data DVD-R/-RW DVD-RAM DVD DL BR Tariffs 32 International Survey on Private Copying Law & Practice 2016 The levyisonthebuilt-inmemory/hard disc,notonthedevice. Additional Comments: ~incl. AV playersand MP3players # Q4/2015only, notincludingpaymentsfrom settlementforpastclaims **incl. paymentsforprevious years * paymentsinDVD Revenues USB stick Total video Total revenues Total devices hard discs External andsubstitute (all kinds) Storage incomputers Media tablets Smartwatches types) Memory cards(all picture frames Storage indigital phones Storage inmobile Digital photoframewithbuilt-inmemory Smartwatches withbuilt-inmemory External HDandasasinglestoragemedium Integrated memoryintablets subnotebook, ultrabook,netbook,laptop Integrated memoryinPC,desktopcomputer, notebook External memorycards CD-R/RW data CD-R/RW audio Audio cassette Exchange rateLCU/€ Camera cassettes Hard discrecorder DVD (alltypes) Video cassettes MP3-Player Total audio MiniDisc) Digital audio(e.g., 2,323,000.00 3,776,000.00 1,290,000.00 1,535,000.00 2,065,000.00 517,000.00 517,000.00 176,000.00 921,000.00 5,787,000 79,000.00 33,000.00 2012 (€) 1.000
Device revenues Audio Revenues Video Revenues 2,943,241.00 1,663,555.00 1,980,931.00 2,368,771.00 673,435.00 673,435.00 102,169.00 962,310.00 579,596.00 5,985,447 23,451.00 2013 (€) 1.000
* 2.00 1.00 4.50 3.75 5.00 0.35 1,260,106.00 ** 3,057,173.00 1,028,969.00 1,355,974.00 1,618,800.00 2,394,496.00 851,687.00 851,687.00 6,303,356 90,196.00 15,225.00 82,399.00 2014 (€) 1.000
6,696,910.70# 1,307,250.00# 3,321,277.50# 2,207,748.52 1,035,696.60 1,113,893.91 1,287,082.48 509,903.75~ 648,094.50# 597,761.25# 135,859.15# 11,182.00# 669,870.30 10,076,591 713,816.14 5,616.00# 54,916.96 52,263.23 2015 (€) 5,894.78 8,161.14 284.49 1.000 International Survey on Private Copying Law & Practice 2016 33 Book XI on “Intellectual Property” of the Code of Economic Law and provisions Book XI on “Intellectual Property” of the Code the same Code. related to Book XI in Books I, XV and XVII of copying. Royal Decree of October 18, 2013 on the right to remuneration for private Private use is defined as the use within, and reserved to, the family circle. The exception does not apply when the source is illegal. 1. 2. 3. Remuneration is collected through levies on media and/or equipment. Manufacturers, importers, intra EU-purchasers and foreign online shops are liable for payment. Belgium Euro Auvibel www.auvibel.be (Managing Director) François Stroobant Schrauwen Maro [email protected] [email protected] du Port 86c 201a Havenlaan 86c 201a/Avenue 1000 Brussels (+32) 02 650 09 50 (+32) 02 650 09 58 Belgium Remuneration system Liable for payment Copyright law Currency Name of organization Website Contact Person 1 Contact Person 2 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Legislation and fundamental facts Contact information 2. 34 International Survey on Private Copying Law & Practice 2016 Collecting society:Collectionanddistribution Rate setting Distribution process private copyingremunerations Administrative costsfordistributionof copying remunerations Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? distributed throughrightholders’organizations. Auvibel is also responsible for distribution to rightholders. The remuneration is Included intheabove-mentionednotes. − − − − Costs incurredbyboththecollectionanddistributionofremunerations: copying. January 21,1997appointedAuvibeltocollectanddistributeleviesforprivate remunerations forallrightholders.Itisalegalmonopoly:theRoyalDecree of Auvibel isresponsibleforthecollectionanddistributionofprivatecopying levy), andthusprofessionaluseisexcluded. used forprivatecopyingistakenasbasisthelevelofremuneration(the Professional useispartofthe“acontrario”percentage.Thepercentage percentage of“useasprivatecopy”foreachmedium/pieceequipment. private copying,professionaluseistakenintoaccountbycalculatinga As fortheremainingmediaandequipmentthataresubjecttolevy Media andequipmentthatareclearlyprofessionalnotsubjecttolevies. Professional use means ofacquiringaworkprotectedbycopyright. copies subsequenttoapurchase,legaldownload,broadcastoranyother on anymediumotherthanpaperorsimilarmedia.Thisstudyconsidersonly being usedforthereproductionprivateuseofworksandperformances conducted inordertodeterminethedevicesandmediathatareclearly Furthermore, astudyofthecopyingbehaviorconsumersisbeing unit andtotalvalueofthemarket. Levies arebasedonmarketanalysis:monthlysalesreports,units,priceper industry, consumers,distributionandrightholders. advised bythePrivateCopyCommission,whichincludesallstakeholders: Levies aresetbytheBelgianFederalGovernment/MinistryofEconomy, − − − − 2015: 4.76% 2014: 3.62% 2013: 5.12% 2012: 4.50% International Survey on Private Copying Law & Practice 2016 35 a written request for a refund for professional use must be submitted must use professional for refund for a request written a or number registration company a of (holder entity professional a by equivalent number in Belgium or Europe); the concerned person in which be provided statement must a signed levy Auvibel the to subject devices and media purchased the that states private copying, and the are clearly intended for other purposes than these media and use of strict professional ensure the requestor must devices. − − The liable party must send a declaration to Auvibel each month. The liable party must send a declaration to who are listed as For manufacturers, importers and intra EU-purchasers of the month following the first wholesalers, declaration is due by the 20th sale. is as retailers, declaration For importers and EU-purchasers who are listed due by the 20th of the month following the first purchase. For foreign online shops selling to Belgian web users, declaration is due by the 20th of the month following the first sale. Manufacturers and wholesalers must pay the remuneration for private copying within 60 days. Retailers must pay the remuneration for private copying within 15 days. Part of the mission of Auvibel is to undertake regular checks on declarations by auditing the reporting process and the accounting of the legally responsible parties. wholesalers or manufacturers Exports from Exports are exempted by law. are exempted as their responsibility starts only after the first sale in Belgium. For retailers, article 4 of the Royal Decree of October 18, 2013 requires reimbursement of the levy for export or sales in foreign countries. Auvibel requires purchase and sales invoices for the leviable goods and any other document that provides reasonable evidence that the goods were actually exported. Previous payment to Auvibel is required for any refund. No consumers or buyers are exempt from paying the levies. Nevertheless, Nevertheless, from paying the levies. or buyers are exempt No consumers to categories of professional users are entitled limited under the law, sound and audio-visual works; broadcasting a refund: producers of the officially recognized and subsidized by organizations; institutions of preserving sound or audio-visual material; government for the purpose the impaired, the deaf and hard-of-hearing and the blind and visually established for the benefit of such persons; recognized institutions institutions which use sound and audio-visual recognized educational scientific purposes; and recognized hospitals, material for didactic or for youth welfare work. prisons and institutions for strict on certain media and devices is refundable Furthermore, the levy media and devices, provided that the following professional use of these conditions are met: − − Refurbished products are subject to the remuneration. but different options are No concrete negotiations have been launched, being considered. How do you monitor or intervene in the market? Are exports exempted? How frequently is payment due? Are there any products exempt from levies? products exempt from Are there any exempt? Are refurbished products Are there any ongoing developments and negotiations concerning new tariffs (e.g., cloud storage)? Collection process 36 International Survey on Private Copying Law & Practice 2016 Distribution process Who isconsideredanimporter? Which rightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremunerations conditions ofsalethereof”. importing thoseproductsintoBelgium,whichisalsopresentedinthegeneral makes specificadvertising,takestheinitiativeofandbearsresponsibility for copying viaawebsiteandwhotherebyexpresslytargetsBelgiancustomers, “Any personwhooffersproductsliablefortheremunerationprivate matter: With regardtoe-commerce,aBelgiancourthasruledasfollowsonthis from acountrythatismemberoftheEuropeanUnion. Belgian marketwhicharesubjecttothelevyforprivatecopyingandoriginate intra-EU purchaserassomeonewhoprovidesdevicesandblankmediaonthe to thelevyforprivatecopyingandoriginatefromanon-EUcountry, andthe provides devicesandblankmediaontheBelgianmarketwhicharesubject The RoyalDecreeofOctober18,2013definesanimporterasapersonwho SEMU) COPIEPRESSE, Librius,LICENSE2PUBLISH,REPROPP, REPROPRESS,SABAM, Board ofPublishersliteraryandgraphicorplasticworks(COPIEBEL, deAUTEURS, JAM,SABAM,SACD,SCAM,SOFAM, VEWA) Board ofAuthorsliteraryandgraphicorplasticworks(ASSUCOPIE, (PLAYRIGHT) Board ofPerformingArtistsworksrecordedonanaudio-visualmedium IMAGIA, PROCIBEL) Board ofProducersworksrecordedonanaudio-visualmedium(BAVP, (deAUTEURS, JAM,SABAM,SACD,SCAM,SOFAM) Board ofAuthors/Composersworksrecordedonanaudio-visualmedium (PLAYRIGHT) Board ofPerformingArtistsworksrecordedonasoundmedium SIMIM) Board ofProducersworksrecordedonasoundmedium(PROCIBEL, (deAUTEURS, JAM,SABAM,SACD,SCAM) Board ofAuthors/Composersworksrecordedonasoundmedium provided bythelaw: each categoryofworks(sound,audio-visual,literary, graphicorplastic)as (authors/composers, producers,performingartistsandpublishers)for management companiesthatrepresentthefourcategoriesofclaimants Auvibel isbasedonastructurethatservesits20members,allofthem The remunerationisdistributedonayearlybasis. Auvibel International Survey on Private Copying Law & Practice 2016 37 There is currently no deduction for collective (social and/or cultural) purposes. Firstly, the total amount due to the Boards by the General Assembly will be Assembly will be the Boards by the General total amount due to the Firstly, This of works among audio, video and multimedia. divided by the category the actual the one hand according to a key based on distribution occurs on purposes, specifically used for audio and audio-visual collection on products, to an regarding multimedia products, according and on the other hand, with by Belgian studies and/or by comparison allocation key determined if this data is available. neighboring countries the legal of audio and audio-visual works is defined, Once the final share the be applied to distribute the two amounts among allocation formula will the 1/3 for follows: for audio and audio-visual works, respective colleges as artists; for the producers and 1/3 for the performing authors/composers, 1/3 for the 1/2 or plastic works, 1/2 for the authors and and for literary and graphic publishers. for each category of works sets Subsequently each category of rightholders approval. The rightholders up its own distribution rules, subject to government then apply the approved rules. Distribution scheme, audio: 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% For 1->11/2013: 43.50% 12/2013: 41.76 % For 2014: 44.80 % For 2015: 45.00 % Distribution scheme, video: 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% For 1->11/2013: 56.50% 12/2013: 54.24% For 2014: 48.86% For 2015: 45,50 % Distribution scheme, literary & graphic or plastic works: For 12/2013: 4.01% For 2014: 7.71 % For 2015: 9.50 % Is there a social and/or cultural deduction? How are the distribution schemes distribution schemes How are the determined? Distribution keys Social and cultural funds for collective purposes 38 International Survey on Private Copying Law & Practice 2016 Legal developmentsandcourtcases Note: “integrated device” Tariffs internal support Recording devices,possiblyintegrated, without Home deviceswithintegratedharddisks and/or MP4function,tablets MP3-player, MP4-player, mobilephonewithMP3 Memory cardandUSBstick External harddiskdrive DVD CD-R/RW data CD-R/RW audio Video cassette analog MiniDisc Audio cassetteDAT Audio cassetteanalog Legal developments Hardware, HDD Blank Media Devices 2. 1. Optical StorageMedia XV andXVIIofthecode. Economic LawandintroducingprovisionsrelatedtoBookXIinBooksI, 19, 2014,incorporatingBookXIon“IntellectualProperty”intotheCodeof “Intellectual Property”oftheCodeEconomicLawbyApril authors’ rightsandneighboringweretransposedintoBookXIon As ofJanuary1,2015,theprovisionslawJune30,1994on the authorsandpublishersofliterarygraphicorplasticworks. private copyingtonewworksandbeneficiaries,morespecifically external harddrives).Thedecreeextendedthescopeofremunerationfor addition oftabletsandreducedratesforUSBsticks,memorycards products subjecttoremunerationandtheapplicabletariffs(including March 28, 1996,introducedseveralamendmentsconcerningthe This RoyalDecree,whichentirelyrepealedtheDecreeof Journal; itenteredintoforceonDecember1,2013. remuneration forprivatecopyingwaspublishedintheBelgianOfficial On October24,2013,theRoyalDecreeof18,2013onrightto Mobile phones Flash media Tariff validfrom2013-12-01 13.00 10.75 2.00 3.30 3.00 2.50 1.00 1.35 0.50 0.15 9.00 6.75 1.30 0.40 0.12 0.12 0.40 0.12 0.12 0.12
More than1TB More than256GBto1TB From 0to256GB More than16GB More than2GBto16 From 0to2GB More than16GB More than4GBto16 From 0to4GB More than1TB More than500GBto1TB From 0to500GB
Capacity Capacity International Survey on Private Copying Law & Practice 2016 39 1.000 2015 (€) 2015 (€) 43,249.80 24,714.00 49,268.70 85,614.60 458,138.16 1,006,857.70 2,498,631.55 2,712,419.40 7,153,268.65 1,925,985.50 9,028,293.50 24,986,441.56 1.000 2014 (€) 2014 (€) 78,665.52 47,975.60 56,891.00 624,411.10 107,734.45 1,334,882.40 2,250,463.45 3,181,984.30 2,397,716.00 8,236,842.00 14,089,103.45 32,406,669.27* 1.000 2013 (€) 2013 (€) 64,560.80 71,509.10 56,888.15 202,501.76 741,079.68 357,434.50 1,784,175.60 2,231,274.25 3,468,667.65 7,926,460.65 7,501,434.00 24,405,986.14
Flash Media 1.000 Mobile phones 2012 (€) 2012 (€) 171,711.14 154,378.10 136,005.15 118,295.40 1,190,358.08 2,386,081.48 2,426,847.25 2,951,429.55 8,790,683.30 5,502,101.15 23,827,890.60 Devices Blank Media Hardware, PC, HDD Exchange rate LCU/€ Audio media Video media Video CD-R/RW data DVD Memory card and USB stick External hard disc drive Multimedia center Audio devices Video devices Video Tablets MP3 player, MP4 player, mobile mobile MP4 player, MP3 player, phone with MP3 and/or MP4 function TOTAL * Including the settlement of a dispute of ±€6.5m – One-shot. Revenues The term “integrated system” refers to a system that combines a reproduction function for sound or audio- or sound for function reproduction a combines that system a to refers system” “integrated term The offers that function a or works, audio-visual or sound for function reception a least at with works visual function of sound and those used for the reproduction from only media different the possibility of reading in one piece (block made Integrated systems are and which is sold only as a single product. audio-visual works These devices are (element base). a single product sold only as various elements that are base) or consist of combinations. and TV-video radio-recorders mini-systems, midi-systems, micro-systems, generally known as 40 International Survey on Private Copying Law & Practice 2016 Contact information 3. Collecting society:Collectionanddistribution Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Website Name oforganization Population Currency Country Distribution process private copyingremunerations Administrative costsfordistribution of distributing privatecopyingremunerations Administrative costsforcollectingand Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Bulgaria (+359) 29800253 (+359)29801035;9890264 Sofia 1000 17 BudapestStr. [email protected] [email protected] Gergana Gaydazhieva Efrossina Sarakinova www.bbda.bf MUSICAUT 7 153000 BGN Bulgaria subsequently distributetotheindividual rightholders. Remuneration isdistributedtoCMOs thataremembersofCopyBG,which rightholders oftheleviesdistributed byCopyBGis15%. The commissionofthesocietyfor thesubsequentdistributiontoindividual They arevotedonayearlybasisbytheGeneralAssemblyofCopy BG. levies. Rights inMarch2011,whichmakesitimpossibleforthesocietyto collect any due toavarietyofamendmentsintheLawonCopyrightandNeighboring It isworthnotingthattheactivitiesofCopyBGhavebeenfrozen since 2012 performers, soundrecordingandfilmproducers.ItsnameisCopy BG. The CMOisappointedbyitsmembers–therespectiveCMOsofauthors, Manufacturers andimporters funding fromtheStatebudget. Reproduction devicesarenotsubjecttoprivatecopylevies.Thereisno Remuneration iscollectedbyleviesonblankinformationcarriers. Art. 26,amendedonMarch25,201.1 Law onCopyrightandNeighboringRightsof1993. International Survey on Private Copying Law & Practice 2016 41 deliveries from EU Member States; remuneration copying private where countries, non-EU from deliveries national relevant the under refund for option no with calculated been has legislation. information carriers purchased by legal entities or natural persons information carriers purchased by legal of the do not presume the use whose activities in liberal professions carriers for private copying; and recording sound operators, RTV by purchased carriers information film producers; social institutions and information carriers purchased by hospitals, prisons. − − − − − It is a two-level process. Copy BG distributes to its member CMOs, which It is a two-level process. Copy BG distributes to its member CMOs, which subsequently distribute to the individual rightholders. The activities of Copy BG have been frozen since 2012. The law says that payment is due twice a year. Since the activities of Copy BG were frozen in 2012, there has been no monitoring of the market. Yes. The following are excluded from the application of the remuneration: − − Pursuant to the Law on Copyright and Neighboring Rights, the remuneration Copyright and Neighboring Rights, the remuneration Pursuant to the Law on blank 1% to 1.5% of the delivery price of the imported rate should vary from 5% for carriers and 2% for devices). information carriers (formerly type are set to remuneration and the rate for each The type of carrier subject Copy BG and the respective representative in a tariff, negotiated between Minister of and importers and approved by the organization of manufacturers Culture. for additional discounts. The tariff may provide on the tariff between the CMO and the In the absence of agreement of the within 3 months from the beginning representative organizations a commission to decide on the negotiations, the Minister of Culture appoints tariff. of the carrier and to what There are two criteria, set in the law: the capacity for non-commercial reproduction extent the carrier is used by natural persons for their personal use only. or subject to refund, The following are exempt from payment of remuneration, if collected: − − − private copy remuneration is The 2011 amendments of the law provide that on reproduction devices. due only on blank information carriers and not and the rate for each type are set The type of carrier subject to remuneration the respective representative in a tariff, negotiated between Copy BG and and approved by the Minister of organization of manufacturers and importers Culture. the remuneration applies only to information carriers Additionally, “predominantly intended” for reproduction for private use. No; the activity of Copy BG has been frozen since 2012. Frequency of distribution Who distributes the collected remunerations to rightholders? How frequently is payment due? How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? Which criteria are used for determining the Which criteria are used for determining the levies/remuneration? Are there any consumers or buyers exempt from paying the levies? Are there any products exempt from levies? Are refurbished products exempt? Are there any developments, or ongoing negotiations concerning new tariffs (e.g., cloud storage)? How are levies/remuneration determined? How are levies/remuneration Distribution process Collection process Rate setting 42 International Survey on Private Copying Law & Practice 2016 Social andculturalfundsforcollectivepurposes Legal developmentsandcourtcases Please giveexamples. How cansocialandculturalfundsbeused? and/or culturalfundin2013? What istheamountdedicatedtosocial social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsibleforallocation so, howisthisdetermined? Is thereasocialand/orculturaldeduction?If Distribution keys Which rightholders Implementation problems Court cases Legal developments sector. The fundsareallocatedtocreativeprojectsaimedatdevelopingthecultural 0 BGN is managedbyaboardchairedtheMinisterofCulture. Protection andPromotionofCulture.ItsbudgetisprovidedbytheStateit The NationalCulturalFundisalegalentitycreatedbytheLawon This percentageissetintheLawonCopyrightandNeighboringRights. Yes; 30%ofthecollectedamountistransferredtoNationalCulturalFund. each categoryofrightholders. producers. Formerly, beforethe2011amendmentoflaw, itwas1/3for The distributionschemeis1/2forauthors,1/4performersand Authors, performers,soundrecordingandfilmproducers. 6. 5. 4. 3. 2. 1. Society Directive,particularlyinthefollowingareas. Rights wereintroduced.TheprovisionsadoptedcontradicttheEUInformation On March25,2011amendmentstotheLawonCopyrightandNeighboring There arenocourtcasesaboutprivatecopylevies. legislation. offers anopportunitytorepeatthecallforamendmentsinprivatecopying Neighboring Rights,followingtheimplementationofDirectiveNo.2014/26, None. However, thecurrentneedtoamendLawonCopyrightand obligations totheirdiscretionandgoodwill. effective controlonliablepersons,thusleavingthefulfilmentof their The amendedlawdoesnotprovideinstrumentsforexercisingany the remuneration. more detailedinformationasidefromthatneededforthedistribution of each kindofcarrier. Besides,thecollecting societymaynotrequest carriers soldduringahalf-yearperiodandthetotaldeliveryprice for Liable personsmustprovideonlygeneralinformationonthekind of they claimrefunds. documentation inproofoftheaforementionedexemptions,exceptwhen The lawdoesnotobligetheliablepersonstoprovideanyinformationor remuneration. Intra-community deliveriesareexcludedfromtheapplicationof calculated ontheirdeliveryprice,notthesalesprice. The privatecopyingremunerationisdueforthecarrierssold,but for privateuse. information carrierswhichareintendedpredominantlyforreproduction not toreproductiondevices.Theremunerationappliesonlyseparate application oftheremunerationonlytoblankinformationcarriersand In contrasttotheformerlaw, theadoptedamendmentsprovidefor International Survey on Private Copying Law & Practice 2016 43 Capacity 0 2015 1.5% 1.5% 1.0% 1.5% 1.5% 1.1% 1.1% 1.1% 1.4% 1.4% 1.1% Tariff Tariff 1.25% 1.25% 1.25% 1.25% 1.25% 1.25% 1.25% 1.25% 1.25% 1.25% 1.25% 1.25% 1.25% 0 2014 0 2013 2012 Media/devices Audio cassette Mini disc Hi-MD Floppy disc cassette: VHS, BETAMAX” “Video (DVC) Digital videocassette CD-R CD-RW DVD-R, DVD+R DVD+RW DVD-RW, DVD-RAM DVD double-layer Blu-ray disc (BD): BD-R Blu-ray disc (BD): BD-RE Mini Blu-ray HD DVD-R, HD DVD+R HD DVD+RW, HD DVD-RW, HD DVD-RAM Memory card (flash card) USB flash drive Standard external hard disc OUT plugs Multimedia external hard disc with Audio/Video IN and OUT plugs Multimedia external hard disc with Audio/Video External solid-state drive (SSD) TOTAL Revenues Tariffs 44 International Survey on Private Copying Law & Practice 2016 Contact information 4. Collection process Rate setting Collecting society:Collectionanddistribution Legislation andfundamentalfacts Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Website Name oforganization Currency Country market? How doyoumonitororintervene inthe How frequentlyispaymentdue? Are thereanyproductsexemptfromlevies? How arelevies/remunerationdetermined? Distribution process distributing privatecopyingremunerations Administrative costsforcollectingand Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Burkina Faso +(226)50302223 Ouagadougou 01 BP3926 delaVictoireSis sect.4,22,rue4.55Villa [email protected] [email protected] Solange Dao Adama Sagon www.bbda.bf Bureau BurkinabèduDroitd’Auteur(BBDA) CFA franc Burkina Faso Customs areinchargeofcollecting. Nocontrolontheinternalmarket. product intothecountry. Payment isdueonimportation.The importeristhepersonwhobrings Professional useistakenintoaccountasanupfrontexemption. Levies/remuneration aredeterminedbylaw. rightholders. to individualrightholders.Thesearemusic,audio-visualanddramatic The BBDAdistributesthecollectedremunerationsonayearlybasis directly remunerations are10%ofthecollected. The administrativecostsforcollectinganddistributingprivatecopying The BBDAisappointedbylaw. Importers areliableforpayment. Remunerations arecollectedthroughalevysystem. definition ofprivatecopyaccordingtothelawisvalid. Law No.032/ANofDecember22,1999.Importersareliableforpayment. The International Survey on Private Copying Law & Practice 2016 45 655.957 2015 (CFA) 655.957 2014 (CFA) 655.957 2013 (CFA) Burkina Faso is in the process of revising its law to include the use of works law to include the use of works Burkina Faso is in the process of revising its law more consistent with the in the digital environment; this will make the ratified by the country. provisions of international treaties and conventions have resulted in an exemption Discussions with the group of IT professional for recording of for mobile phones, which does not include devices copyrighted works, and a reduction of 5% in the remuneration for private francs. copying on devices whose cost does not exceed 20,000 CFA The BBDA distributes the collected remunerations on a yearly basis directly directly the collected remunerations on a yearly basis The BBDA distributes and dramatic rightholders. to individual music, audio-visual Schemes are set by law. Distribution scheme, audio: authors 50%; performers 25%; producers 25% Distribution scheme, video: and performers 50% authors 50%;producers 50% for the National Fund for There is a social and/or cultural deduction of Cultural Promotion. (Management The Comité de Gestion du Fonds de Promotion Culturelle is responsible for the allocation Committee of the Fund for Cultural Promotion) of funds. francs were dedicated to the social and cultural fund. In 2012, 125 million CFA productions. Funds are allocated for all types of cultural deaths and celebrations. The social fund is intended mainly for health, 655.957 895,817 2012 (CFA) Exchange rate LCU/€ Are there liable parties who deny responsibility or payment for certain media/ devices? Legal developments Is there a social and/or cultural deduction? How are the distribution schemes How are the distribution determined? Distribution keys Which body is responsible for the allocation of funds to artists, cultural productions or social schemes? What is the amount dedicated to the social and/or cultural fund in 2013? How can social and cultural funds be used? Please give examples. Who distributes the collected remunerations Who distributes the collected to rightholders? TOTAL The revenues shown above are the total remunerations collected yearly. the total remunerations above are shown The revenues Revenues Applicable national rates regularly. is updated The list of products of the type of product. The levy is 10% of the CIF regardless Legal developments and court cases Social and cultural funds for collective purposes Social and cultural funds for collective Distribution process Distribution 46 International Survey on Private Copying Law & Practice 2016 Contact information 5. Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Website Name organization Currency Country Copyright law Canada +1 4164863064 +1 4164866832 Toronto, Ontario M5S 2S3 56 Wellesley Street West, Suite320 [email protected] [email protected] Laurie Gelbloom,GeneralCounsel Lisa Freeman, ExecutiveDirector www.cpcc.ca Canadian PrivateCopyingCollective Canadian dollar Canada d. c. b. a. purpose ofdoinganythefollowing: performer’s performance,orthesoundrecordingif thecopyismadefor does constituteaninfringementofthecopyrightinmusicalwork, the Pursuant tosection80(2)oftheCopyrightAct,actmakinga copy performer’s performanceorthesoundrecording. does notconstituteaninfringementofthecopyrightinmusical work,the recording mediumfortheprivateuseofpersonwhomakes copy Pursuant tosection80oftheCopyrightAct,acopymadeontoan audio legally orillegallyobtained. The privatecopyinglevyispayableregardlessofwhetherthesourcecopy is levies payableduringthetariffperiods. audio recordingmediaaresubjecttothepaymentofleviesandamount Copyright BoardhascertifiedPrivateCopying Tariffs determiningwhichblank Since December1999,inaccordancewithsection83oftheCopyrightAct, the Copyright ActofCanadaasamendedin1997. performing orcausingtobeperformed, inpublic communicating tothepublicbytelecommunication; or distributing, whetherornotforthe purposeoftrade; rental; selling orrentingout,bywayoftradeexposingofferingforsale or International Survey on Private Copying Law & Practice 2016 47 The Copyright Board of Canada sets the levy rate after considering evidence The Copyright Board of Canada sets the levy hearings. The CPCC has Tariff submitted by the CPCC and other parties at monthly surveys that collect commissioned Circum Network Inc. to conduct in Canada. information about the private copying of music The private copying levy applies to blank audio recording media that are to ordinarily used for private copying. The Copyright Board applies a discount the rate of the levy to reflect that the media are used for other purposes such as data storage and professional use. Zero-Rating program by entering into Companies may register in the CPCC’s agreements with the CPCC. The Zero-Rating program is run voluntarily by the CPCC in recognition of the fact that companies and organizations use leviable blank media for their business purposes. The program allows companies registered in it to purchase and/or sell blank audio recording media at a “zero-rate” from authorized sellers.. The levy is not payable on blank audio recording media sold to associations that represent persons with a perceptual disability. On November 7, 2012, the Government of Canada published a regulation exempting micro SD electronic memory cards from the private copying levy effective as of October 18, 2012. The Copyright Board determines the media that are ordinarily used to copy music after considering evidence submitted by the CPCC and other parties at the tariff hearings. The private copying levy applies to blank CD-R, CD-RW, CD-R audio and CD-R audio to blank CD-R, CD-RW, copying levy applies The private CD‑RW audio. first upon manufacturers or importers of blank media The levy is payable by sale or disposition in Canada. Canadian Private Copying Collective. Canadian Private Copying recording corporation that represents songwriters, The CPCC is a non-profit and record companies through its member artists, music publishers and mandated by its member collectives to collect collectives. It has been has also been designated as the distribute private copying levies. The CPCC to subsection 83(8) of the collecting body by the Copyright Board pursuant and only withholds those Copyright Act. The CPCC is a non-profit corporation funds necessary to defray its costs of administration. for retained 12.57 % of revenue From 2000 to 2015, on average, the CPCC has all operating expenses. revenue. In 2015, distribution expenses were 3.74% of allocated to each rights The Copyright Board of Canada sets the percentage by the CPCC at tariff holder group after considering evidence submitted hearings. claims to the CPCC for the rightholders member collectives submit The CPCC’s levies to its member collectives, that they represent. The CPCC distributes the which then pass them on to the rightholders. Which criteria are used for determining the levies/remuneration? Are there any consumers or buyers exempt from paying the levies? Are there any products exempt from levies? Are refurbished products exempt? How are levies/remuneration determined? Collecting society or CMO is appointed by: Collecting society or CMO Administrative costs for collecting private copying remunerations Administrative costs for distribution of private copying remunerations Distribution process Remuneration system Remuneration Liable for payment Rate setting Collecting society: Collection and distribution Collecting society: 48 International Survey on Private Copying Law & Practice 2016 Collection process Social andculturalfundsforcollectivepurposes Distribution process Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? Is thereasocialand/orculturaldeduction? Distribution keys determined? How arethedistributionschemes Which rightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremunerations No levyispayableonblankaudiorecordingmediathatexported. payable andtheinformationrequiredundertariff,foraperiodofsixyears. must keeprecords,fromwhichtheCPCCcanreadilyascertainamounts reports andpaymentssubmittedtotheCPCC.Manufacturersimporters manufacturers andimporterstoverifytheaccuracycompletenessof Pursuant totheprivatecopyingtariffs,CPCCmayauditrecordsof having notifiedtheCPCC. the previoussix-monthperiodmaychoosetomakepaymentsbi-annuallyafter bi-monthly basis.Anymanufacturerorimporterwhopaidlessthan$2,000 in audio recordingmediaarerequiredtosubmitreportsandlevypaymentsona Pursuant totheprivatecopyingtariffs,manufacturersandimportersofblank There isnosocialand/orculturaldeduction. 18.0% -Re:SoundMusicLicensingCompany(eligiblemakers). 23.8% -Re:SoundMusicLicensingCompany(eligibleperformers);and (publishers) andSODRAC(authors,composerspublisher); 58.2% -SOCAN(composers,authorsandmusicpublishers),CMRRA Audio considering evidencesubmittedbytheCPCCattariffhearings. The CopyrightBoardofCanadasetsthedistributionschemeafter authors andpublishers. The CPCC’s membercollectivesrepresenteligibleperformers,makers, of claimssubmittedbythemembercollectives. The CPCC distributes the levy to the CPCC’s member collectives upon receipt they represent. The CPCC’s membercollectivesdistributethelevytorightholdersthat International Survey on Private Copying Law & Practice 2016 49 Per unit Per unit Capacity 0.29 0.29 Private Copying Tariff 2015 (CAD) Private Copying Tariff Current tariff valid pursuant to the On November 5, 2015, the CPCC filed a proposed tariff for 2017 with the the CPCC filed a proposed tariff for 2017 with On November 5, 2015, on CD-R proposed tariff maintains the current levy rates Copyright Board. The media. Copying the Copyright Board published the Private On December 13, 2014, at the existing 2016, maintaining the levy on CD-R media for 2015 and Tariffs cents per unit. rate of 29 Canadian dollar tariffs Copyright Board published the private copying On August 31, 2013, the existing maintaining the levy on CD-R media at the for 2012, 2013 and 2014, cents per unit. rate of 29 Canadian dollar the government of Canada published a regulation On November 7, 2012, from the private copying levy exempting micro SD electronic memory cards 30, 2013, the Copyright Board effective as from October 18, 2012. On August arising from the regulation concluded that as a result of the circumstances 2012, it would not be possible issued by the federal government in November the period of January 1, 2012 to to set a levy on micro SD memory cards for October 17, 2012 that would be fair and equitable.. Act received royal assent On June 29, 2012, the Copyright Modernization brought into force. The and on November 7, 2012 most of the act was Act, such that it is not Copyright Modernization Act amends the Copyright a musical work for an infringement of copyright if individuals reproduce and if the individual, in private purposes if the work was legally obtained a technological protection order to make the reproduction, did not circumvent of musical works made measure. This exception does not apply to copies in section 79 of the Copyright onto an “audio recording medium” as defined as “a recording medium, Act. Section 79 defines audio recording medium sound recording may be regardless of its material form, onto which a by individual consumers reproduced and that is of a kind ordinarily used of recording medium.” The for that purpose, excluding any prescribed kind meet the criteria of audio Copyright Board has ruled that blank CD-R media Act. recording media stipulated in the Copyright a levy on the memory In December 2003, the Copyright Board certified This decision was appealed permanently embedded in digital audio recorders. by hardware and software manufacturers as well as a group representing retailers, and in December 2004, the Federal Court of Appeal ruled that the tariff approved by the Copyright Board was invalid. The CPCC sought leave to appeal this decision before the Supreme Court of Canada. In July 2005, the application for leave to appeal. Supreme Court of Canada denied the CPCC’s In February 2007, the CPCC applied to the Copyright Board for a levy on digital that audio recorders in its proposed 2008-2009 tariff. The Copyright Board held it could hear evidence relating to this proposal. The decision of the Copyright Board was appealed, and in January 2008, the Federal Court of Appeal ruled that the Copyright Board could not hear evidence in support of a private copying levy on digital audio recorders. Litigation is commenced by the CPCC to enforce compliance with the Copyright Act and the private copying tariffs. Blank Media Court cases Legal developments CD-R/RW Audio CD-R/RW Tariffs Legal developments and court cases and court Legal developments 50 International Survey on Private Copying Law & Practice 2016 Revenues Total BlankMedia MiniDisc Tape CD-RA/CD-RWA CD-R/CD-RW Exchange rateLCU/€ Blank Media 8,223,279.00 7,832,203.00 2012 (CAD) 391,003.00 73.00 1.284
6,271,648.00 6,053,197.00 2013 (CAD) 218,451.00 1.367
4,994,664.00 2014 (CAD) 162,286.00 5,156,950 1.468
3,521,174.00 3,391,707.00 2015 (CAD) 129,467.00 1.419 International Survey on Private Copying Law & Practice 2016 51 Croatia (HRK) kuna Croatian HDS ZAMP www.zamp.hr Head of sector of media and new technologies Mario Vukoja, Darko Stanicic, Legal advisor [email protected] [email protected] Heinzelova 62a 10 000 Zagreb Zagreb +385 1 6387 000 +385 1 6387 001 Where a copyright work may be reproduced without the author’s authorization pursuant Where a copyright work may be reproduced without the author’s to be to Article 82 of this Act, the author whose works are, due to their nature, expected text reproduced without authorization, by photocopying or by recording on sound, visual or fixation mediums, for private or other personal use, shall have the right to an appropriate remuneration upon sale of technical appliances and blank audio, video or text fixation mediums. right Apart from the right referred to in paragraph (1) of this Article, the authors shall have a to an appropriate remuneration to be obtained from a natural or legal person who provides services of photocopying against payment. Any other reproduction techniques shall be assimilated to photocopying, and any other sound or visual appliances providing the same effect shall be assimilated to appliances for recording. Provisions of Articles 32 and 82 of Croatian Copyright Law, Official Gazette: Narodne Novine No. Official Gazette: Narodne Novine Copyright Law, Provisions of Articles 32 and 82 of Croatian 167/03, 79/07; 80/11; 125/11; 141/13; 127/14 Implementation began on January 1, 2007. OR FOR REPRODUCTION OF A COPYRIGHT WORK FOR PRIVATE “RIGHT TO REMUNERATION OTHER PERSONAL USE Article 32 1. 2. 3. Croatia Copyright law Currency Name organization Website Contact Person 1 Contact Person 2 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Legislation and fundamental facts Contact information 6. 52 International Survey on Private Copying Law & Practice 2016 Rate setting Collecting society:Collectionanddistribution Liable forpayment Remuneration system (continued) Copyright law from levies? Are thereanyconsumersorbuyers exempt levies/remuneration? Which criteriaareusedfordetermining the How arelevies/remunerationdetermined? Distribution process private copyingremunerations Administrative costsfordistributionof copying remunerations Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: Croatia. SincetherearenoproducersinCroatia,onlyimporterspaythelevyuponfirstsale. In accordancewiththelaw, importersormanufacturersareliableuponfirstsaleimportto Remuneration isleviedonmediaandequipment. the buildingofarchitecturalstructures,unlessotherwiseprovidedbythisActoracontract.” editions ofmusicalworks(hereinafter:sheetmusic),electronicdatabases, cartographicworks,nor the wholebook,unlesscopiesofsuchbookhavebeensoldoutforatleasttwoyears,graphic the publicandhasnodirectorindirectcommercialpurpose.Itshallnotbepermitted toreproduce in theformofphotocopyingandotherpersonaluseifthiscopyisnotintendedfor oraccessibleto A naturalpersonmayreproduceacopyrightworkinanymediumifhedoes soforprivateuse,or REPRODUCTION OFTHEWORKFORPRIVATE OROTHERPERSONALUSE(Article82) 7. 6. 5. 4. this Article. Authors maynotrenouncetherightstoremunerationreferredinparagraphs(1)and(2)of depending ontheinformationnumberofphotocopiesmade. The remunerationreferredtoinparagraph(2)ofthisArticleshallbepaidtheamount new photocopyingappliances. 3. inrespectofthefirstsaleRepublicCroatiaorimport Croatiaof Croatia orimportintheRepublicofnewblankaudiovideofixation media; new appliancesforsoundandvisualrecording;2.inrespectofthefirst saleintheRepublicof 1. inrespectofthefirstsaleRepublicCroatiaorimport Croatiaof The obligationtopaytheappropriateremunerationreferredinparagraph(1)shallarise: importer. objects arenotproducedintheRepublicofCroatia,remunerationshallbepaidby the and non-commercialuse,formingpartofpersonalluggage.Ifthementionedappliances and or textfixationmediums,unlesssuchimportsconcernssmallquantities intendedforprivate them importersofappliancesforsoundandvisualrecording,photocopying,blank audio,video manufacturers ofblankaudio,videoortextfixationmediums,andjointly andseverallywith of appliancesforsoundandvisualrecording,manufacturersphotocopying, The remunerationreferredtoinparagraph(1)ofthisArticleshallbepaidbymanufacturers copyrighted workmaynotbereproduced forprivateorotherpersonaluse. Exemptions aremadeifitcanbe determinedthat,withoutanydoubt,a copying. market circumstances,copyingbehavior oftheconsumers,harmcausedby The maincriteriathataretakeninto accountfordeterminingtheleviesare Levies aredeterminedbynegotiationwithimporters. authors ofmusicalworks. Regarding distributiontoindividualrightholders,HDSZAMPdistributes onlyto amounts toindividualrightholders. HDS ZAMPdistributestootherCMOsandtheyinturndistributethe collected Distribution costsareincludedinthecollectioncosts. 18.5%. In accordancewiththelaw, maximumcostsare30%,butHDSZAMPapplies and writers. phonograms, producersandauthorsofaudio-visualworks,bookpublishers HDS ZAMPcollectsremunerationonbehalfofperformers,producers with thelawandagreementsotherrightholders’organizations, the StateIntellectualPropertyOfficeofRepublicCroatia.Inaccordance HDS ZAMPisappointedinaccordancewiththelawandlicenseissuedby International Survey on Private Copying Law & Practice 2016 53 There is a legally required deduction from collected remunerations for the cultural and social needs of rightholders. It amounts to 30% for music rightholders. CMOs. 2015: HDS ZAMP has dedicated 692.900,91 Croatian kuna Depending on the results of a tender, Funds are distributed after a tender. funds can be used to support, e.g., young artists, festivals, start-up projects related to creation and distribution of new works etc. HDS ZAMP distributes to other CMOs and they in turn distribute the collected HDS ZAMP distributes to other CMOs and they distribution to individual amounts to individual rightholders. Regarding authors of musical works. rightholders, HDS ZAMP distributes only to rightholders. Monthly to CMOs and every six months to individual (performers), ZAPRAF HDS ZAMP (authors of musical works), HUZIP rights), ZANA (publishers of (phonogram producers), DHFR (audio-visual works). literary works) and DHK (authors of literary They are determined by a mutual agreement. Distribution scheme, audio: HDS – authors of music – 39.67% HUZIP – performers – 29.67% ZAPRAF – phonogram producers – 29.67% ZANA – publishers of literary works – 1% DHK – authors of literary works – 1% Distribution scheme, video: DHFR – movie co-authors and movie producers – 70% HUZIP – performers – 30% Quarterly. importers’ documentation and Inspection of customs reports, review of the inspections in retail shops. acknowledging such Export is exempted in quarterly reports. Documentation exemption is needed. of the products into the Any legal person responsible for the first entrance territory of Croatia. Any product can be exempted if it can be determined that, without any doubt, without any doubt, it can be determined that, can be exempted if Any product use. not be reproduced for private or other personal a copyrighted work may twice, product has been paid, it will not be levied If the levy for a refurbished import. as an export then the levy will be paid upon but if it was exempted No. Which body is responsible for the allocation of funds to artists, cultural productions or social schemes? What was the amount dedicated to the social and/or cultural fund in 2015? How can social and cultural funds be used? Is there a social and/or cultural deduction? Who distributes the collected remunerations Who distributes the collected remunerations to rightholders? Frequency of distribution Which rightholders? How are the distribution schemes determined? Distribution keys How frequently is payment due? How frequently is payment How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? Are there any products exempt from levies. products exempt from Are there any exempt? Are refurbished products Are there any developments, or ongoing Are there any developments, new tariffs negotiations concerning (e.g., cloud storage) Social and cultural funds for collective purposes Distribution process Collection process 54 International Survey on Private Copying Law & Practice 2016 Tariffs Legal developmentsandcourtcases Hi-Fi HDrecorder Hi-Fi DVDrecorder Hi-Fi CDrecorder Analog videorecorder Analog audiorecorder Mobile phonewithMP3player/smartphone Digital videoplayer Digital audioplayer Tablet PC/ Laptop CD/DVD recorder Hard disc USB stick Memory card Video tape Audio tape DVD 10GB CD 1GB Implementation problems media/devices? responsibility orrefusetopayforcertain Are thereliablepartieswhoreject Legal developments Court cases Per unit No additionalproblems. copied onothermediaandUSBscanbeformattedforfurtherprivateuse. copying, althoughitisobviousthatthecontentofdevicescanandwillbe Preloaded USBmemorycardsellersclaimthattheUSBswillnotbeused for None pay thelevy. Nopendingcasesonprincipalmatters. Several courtcasesweredecidedagainstthosethatdeniedresponsibilityto Current tariffvalidper:2015 (Croatian kuna) 40.00 30.00 20.00 10.00 10.00 14.00 14.00 10.00 6.00 6.00 4.00 3.00 3.00 3.00 0.60 0.10 0.12 0.08 International Survey on Private Copying Law & Practice 2016 55 7.606 80,10 5,433.24 60,968.80 122,712.10 135,111.67 446,588.91 540,011.79 2015 (HRK) 2015 (HRK) 2015 (HRK) 1,066,336.80 5,320,108.00 7,697,351.41 7.626 310,71 10,133.74 63,903.80 165,796.25 215,777.82 706,825.42 668,391.31 872,361.00 2014 (HRK) 2014 (HRK) 2014 (HRK) 5,843,438.56 8,546,938.61 7.575 1,274,43 25,531.97 237,765.97 340,685.46 627,210.42 822,977.00 115,131.40 2013 (HRK) 2013 (HRK) 2013 (HRK) 1,040,528.16 5,624,092.60 8,835,197.41 Flash Media 7.517 1,758,85 34,904.05 318,802.67 446,101.76 558,207.93 551,632.99 110,609.58 2012 (HRK) 2012 (HRK) 2012 (HRK) 1,129,518.51 4,717,428.95 7,868,965.29 Optical Storage Media Devices Blank Media Other devices Exchange rate LCU/€ Audio cassette Audio CD R/W Video cassette Video DVD R/W Memory card USB stick Hardware, PC Devices with MP3-player (cell phone with digital audio/video player) MP3-player, (Analog audio/video player, Hi-Fi CD recorder, recorder, Hi-Fi CD (Analog audio/video player, DVD hard disc DVD recorder, CD recorder, recorder) Total revenues Total Revenues 56 International Survey on Private Copying Law & Practice 2016 Contact information 7. Legislation andfundamentalfacts Liable forpayment Remuneration system Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Website Name oforganization Currency Country Copyright law Czech Republic +420 220315311 +420 220315000 Prague 6 160 56 Cs. crmady20 [email protected] [email protected] Ondrej Kacer Tomas Matejicny www.osa.cz OSA CZK Czech Republic − audio oraudio-visualreproductionsand/orrecordings. Remuneration iscollectedbyleviesonblankrecordcarriersand devices formaking economic benefit. fixation, reproductionorimitationofaworkwithoutseekingtoachieve direct orindirect Copyright shallnotbeinfringedbyanybodywhoforhisownpersonalusemakes a Private copydefinedbylaw. Art.30ofActNo.121/2000Coll. Decree No.408/2008Coll. and ActNo.168/2008.DecreeofTheMinistryCulture488/2006Coll., asamendedby Act No.121/2000Coll.asamendedby81/2005,61/2006, No.216/2006 − − − − − − − − − − − available, foraconsideration,the deviceformakingprintedreproductions. the providerofpaidreproduction servicesshallalsomeanthepersonwhomakes the providerofpaidreproduction services,inthecaseofprintedreproductions; importer, consigneeorproducer; delay uponwrittenrequestofthe detailsnecessaryfortheidentificationof unless thatpersoninformedthe relevantcollectiverightsmanagerwithoutundue the carrierorforwarderinlieuofliablepersonpursuanttoparagraphs (a)to(c), the manufacturer, importerorconsignee ofblankrecordcarriers; reproductions; the manufacturer, importerorconsignee oftechnicaldevicesformakingprinted Communities (hereinafterthe“consignee”); “importer”) or consignee of such devices from Member States of the European and/or recordings, importer ofsuchdevicesfromthirdcountries (hereinafter the the manufacturer of the devices for making audio or audio-visual reproductions The personliabletopayremunerationshallbe: International Survey on Private Copying Law & Practice 2016 57 OSA distributes the collected remunerations quarterly to authors and publishers. The distribution rules are determined by the General Assembly. Quarterly. Music composers, lyricist and publishers. The General Assembly decides by way of the distribution rules. Payment is every six months. Liable parties are obliged to submit a report of Payment is every six months. Liable parties are obliged to submit a report manufactured or imported specified goods. OSA monitors the market based on official statistical data and, in rare cases, through audits. Exports are exempted if done directly by the importer. The person or company that imports the good into the territory of the Czech Republic from countries outside the European Economic Area. Levies are determined by law. by their prices. Levies Levies of devices and PC components are determined CDs, on audio tapes, video tapes, of blank record carriers are fixed by pieces on electronic media such as USB DVDs, MiniDiscs or determined by capacity and SSDs. flash discs, memory cards, external HDDs use. There is no legal exemption for professional digital cameras, The remuneration shall not apply to digital camcorders, Where such devices are supplied mobile telephones and cordless telephones. shall be paid only for with an embedded memory medium, the remuneration the capacity of the embedded medium. Refurbished products are not exempt from levies. No. OSA collects for the authors of musical works, lyrics and publishers. OSA collects for the authors also for DILIA) (OSA collects some remuneration and producers INTERGRAM – performers and audio-visual agency DILIA – theatre, literary, architecture OOA-S – fine arts and OSA – 8% OSA – 8% rightholders. OSA distributes collections directly to individual Who distributes the collected remunerations to rightholders? Frequency of distribution Which rightholders? How are the distribution schemes determined? How frequently is payment due? How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? Which criteria are used for determining the Which criteria are used for determining the levies/remuneration? Are there any consumers or buyers exempt from paying the levies? Are there any products exempt from levies? Are refurbished products exempt? Are there any developments, or ongoing negotiations concerning new tariffs (e.g., cloud storage)? How are levies/remuneration determined? Administrative costs for collecting private Administrative costs for copying remunerations distribution of Administrative costs for private copying remunerations Distribution process Collecting society or CMO is appointed by: Collecting society or CMO Distribution process Collection process Rate setting Collecting society: Collection and distribution society: Collection Collecting 58 International Survey on Private Copying Law & Practice 2016 tariffs are used Tariff listaccording of the Act. No. 121/2000 Coll. and Decree No. 408/2008 Coll. In this Survey only OSA Tariffs (Czechkorunas) Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution keys AUDIO DEVICES(Czechkorunas) Court cases media/devices? responsibility orrefusetopayforcertain Are thereliablepartieswhoreject Is thereasocialand/orculturaldeduction? j i h g f II. e d c b a I. Combination ofabove mentioneddevices Devices forrecordingontheintegrated flashmemoryorcard Devices forrecordingontheintegrated harddisk Devices forrecordingontheoptical carrier Devices forrecordingonthemagnetic tape RADIO RECEIVERALLOWINGANAUDIORECORDING Combination ofabovementioneddevices Devices forrecordingontheintegratedflashmemoryor card Devices forrecordingontheintegratedharddisk Devices forrecordingontheopticalcarrier Devices forrecordingonthemagnetictape DEVICES ALLOWINGANAUDIORECORDING b. a. two yearsasfollows: accordance withtheamountsreceivedfromOSAdistributionsforpast The royaltieswillbedistributedtoforeignsocietiesproportionatelyin b. a. calendar yearsasfollows: proportionately inaccordancewiththeirdistributedincomesforthepasttwo The royaltieswillbedistributedtothedomesticcopyrightholders have concludedreciprocalagreementswiththeOSA. copyright holdersandforeigncollectivemanagersofmechanicalrightsthat reproductions willbedistributedproportionatelyamongthedomestic The royaltiescollectedfromblankcarriersanddevicesusedtomake 5.10. Royaltiesforreproductionsofmusicalworkspersonaluse stipulate thefollowing: There isoneschemeforbothaudioandvideo.TheOSADistributionRules smartphones –stillpending. The courtcaseagainstNokiawithregardtothelevybepaidfrom refuse topayremuneration(3%oftheimportprice). The mostdiscussedproductsaretabletsandrecordTVs.Someliableparties Assembly (basedonCzechCopyrightAct)decided0%fromblanklevies. There isnodeductionfromblanklevies(otherwisethereis).TheGeneral 10% inlinewiththeamountsforpublicperformanceoflivemusic. rights fromonlineuses) 90% inlinewiththeamountsformechanicalrights(incl. 10% inlinewiththeincomesfrompublicperformancesoflivemusic. rights fromonlineuses) 90% inlinewiththeincomesfrommechanicalrights(incl. 1,50% 1,50% 1,50% 1,50% 1,50% 3,00% 3,00% 3,00% 3,00% 3,00% Tariff for OSA 0,75% 0,75% 0,75% 0,75% 0,75% 1,50% 1,50% 1,50% 1,50% 1,50% International Survey on Private Copying Law & Practice 2016 59
50% 50% 60% 60% 53% 53% 53% 53% 100% 1,80% 1,80% 1,80% 1,80% 1,80% 0,90% 0,90% 0,90% 0,90% 0,90% 58,4% 58,4% 53,5% 58,4% 58,4% 58,70% 58,70% 52,50% for OSA for OSA
3% 3,00% 3,00% 3,00% 3,00% 3,00% 1,50% 1,50% 1,50% 1,50% 1,50% 3,00% 3,00% 3,00% 3,00% 1,50 CZK 2,00 CZK 3,00 CZK 4,00 CZK 0,40 CZK 2,00 CZK 1,00 CZK 5,00 CZK 4,00 CZK 1,50 CZK 0,15 CZK 0,10 CZK for each 1GB for each piece Devices for recording on the optical carrier Devices for recording on the integrated hard disk Devices for recording card on the integrated flash memory or memory Devices for recording mentioned devices Combination of above A VIDEO RECORDING TV RECEIVER ALLOWING on the magnetic tape Devices for recording Devices for recording on the optical carrier disk Devices for recording on the integrated hard memory or memory card Devices for recording on the integrated flash Combination of above mentioned devices COMPUTER COMPONENTS Computer CD writer (internal or external) Computer memory card writer (internal or external) E - READER displaying reading matter electronic book – devices for recording and BLANK AUDIO TAPES up to 60 minutes above 60 minutes BLANK VIDEO TAPES up to 180 minutes above 180 minutes CARRIERS BLANK OPTICAL AND DIGITAL CD - R - all formats CD - RW - all formats DVD - R - all formats DVD - RW - all formats DEVICES ALLOWING A VIDEO RECORDING DEVICES ALLOWING A on the magnetic tape Devices for recording Computer DVD writer (internal or external) Computer hard disk (internal only) CARDS IF THEY ARE NOT CHARGED AS EQUIPMENT MEMORY COMPUTER HARD DISK (EXTERNAL)
l m n o IV. p q r s t V. u w VI. z BLANK CARRIERS I. a b II. c d III. e f g h i minidiscs k VIDEO DEVICES III. v x IV. for each 1GB (max. 90,-CZK) V. up to 1TB for each 1GB above 1TB for each piece 150,-CZK plus for each GB above 1TB 60 International Survey on Private Copying Law & Practice 2016 Revenues collections are notincluded. * Thetableaboverepresents theOSArevenues only. ActualTotal RevenuesforCzechRepublicare expectedtobehigherasIntegram Total revenues* E-Reader Video Audio Internal HDD Mem. cardwriter DVD writer CD writer External HDD Memory card,flashdisc DVD MiniDiscs CD Video cassettes Audio cassettes Exchange rateLCU/€ 2012 (CZK) 84,760,059 17,753,260 16,852,725 23,719,604 6,855,970 3,337,417 6,113,323 6,835,925 1,995,615 338,773 137,479 398,986 348,046 12,216 60,720 25.154 Optical StorageMedia Consumer Electronics Hardware, PC,HDD Blank Media Flash Media 2013 (CZK) 87,164,972 17,862,184 20,515,380 26,014,930 6,177,664 2,630,705 5,354,351 5,791,522 1,783,321 196,514 128,287 377,776 261,696 65,598 25.985 5,044 2014 (CZK) 97,062,001 19,864,042 22,863,765 32,632,071 5,956,986 3,226,255 5,365,618 4,355,048 1,771,364 231,377 107,925 538,016 109,304 38,340 27.540 1,890 104,937,560 2015 (CZK) 20,661,204 23,861,878 38,915,534 4,379,844 2,005,508 9,597,144 3,250,599 1,517,203 130,147 281,989 214,741 93,530 27,027 27.282 1,212 International Survey on Private Copying Law & Practice 2016 61 Copydan KulturPlus has a legal monopoly by authorization of the Ministry of Culture. Copydan KulturPlus is obliged to provide the Ministry with all requested information. rightholder Approx. 3,090,611 Danish krone (DKK), for both collecting and distributing to organizations. organizations. Approx. 3,090,611 DKK, for both collecting and distributing to rightholder Remuneration is distributed to rightholder organizations and not to individual rightholders – individual distribution is through the different rightholder organizations. Denmark DKK Copydan KulturPlus http://www.cdkp.dk/ Hoppe Louise Lykkegaard Jade Yang [email protected] [email protected] Bryggervangen 8, 1. 2100 København Ø +45 35 44 14 95 +45 35 44 14 03 Consolidated Act on Copyright No. 202 of February 27, 2010, with subsequent amendments. 27, 2010, with subsequent Consolidated Act on Copyright No. 202 of February source is legal. Article 12 – Reproduction for Private Use. This provision applies only when the personal use or that of his household. For Digital copies are restricted to the manufacturer’s and his analog copies, the definition is broader in the sense that it includes the manufacturer that have been closest circle of acquaintances. Article 12 does not include copying of works rented or borrowed. in Remuneration levied on media and additional State funding to compensate for the difference proceeds from DVDs between a given year and 2005. Articles 39-46a + regulation. Manufacturers, importers and retailers (if no levy has been paid previously). Denmark Administrative costs for collecting private copying remunerations Administrative costs for distribution of private copying remunerations Distribution process Collecting society or CMO is appointed by: Remuneration system Liable for payment Copyright law Currency Name of organization Website Contact Person 1 Contact Person 2 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Collecting society: Collection and distribution Legislation and fundamental facts Contact information 8. 62 International Survey on Private Copying Law & Practice 2016 Rate setting Social andculturalfundsforcollectivepurposes Distribution process Collection process cloud storage)? negotiations concerningnewtariffs(e.g., Are thereanydevelopments,orongoing Are refurbishedproductsexempt? Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? How cansocialandculturalfunds beused? and/or culturalfundin2015? What istheamountdedicatedto thesocial social schemes? of fundstoartists,culturalproductions or Which bodyisresponsibleforallocation so, howisthisdetermined? Is thereasocialand/orculturaldeduction?If Distribution keys determined? How arethedistributionschemes Which rightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremunerations Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? No. All productsnotspecificallynamedinthelegislation. Users withvisualorhearingimpairmentsarealsoexempted. been made,itcanberefunded. through anagreementwithCopydanKulturPlus.Alternatively, ifpaymenthas Professional users,includingeducationalinstitutions,canbeexempted The generalITpolicyofthegovernmentattimeimplementation. certain blankmediaspecifiedbylaw. Levies andremunerationaredeterminedbylawpayableonlyfor etc. The fundscanbeusedforgrants, productionsupport,supportforfestivals, 1/3, orapprox.7,933,222Danishkrone. social schemes. responsible fortheallocationoffunds toartists,culturalproductionsand The organizationsrepresentingthedifferentcategoriesofrightholders are There isasocialand/orculturaldeductionof1/3,whichmandated by law. private copying,coveringbothaudioandvideo. Where possible,individualdistributionisbasedonstatisticalsurveys of A distributionkeyhasbeenagreedbetweencategoriesofrightholders. to adistributionmanualpreparedbyCopydanKulturPlus. Distribution schemesaredeterminedbytheindividualorganizationssubject All categoriesofrightholdersinaudio-visualandmusicalworks. Annually. Distribution happensannuallytomorethan20rightholderorganizations. country. The importeristhenaturalorlegalpersonwhobringsmediainto export documentationshowingthepaymentoflevies. Exports areexemptedandleviesmayalsoberefundeduponpresentationof purposes oftheinspection. examine anyaccountingmaterial,whichisbelievedtohavevaluefor the inspection, theaccountantoradministrativeemployeehasrightto right tomakebothannouncedandunannouncedinspections.Duringan or anadministrativeemployeewithintheorganizationwhohasundisputed Copydan KulturPlusmaychooseanexternalpubliclyauthorizedaccountant following themonthinwhichblankmediaaresold. The liablepartieshaveanobligationtoreporttheirsalesduringthemonth International Survey on Private Copying Law & Practice 2016 63 Copydan Capacity Per unit Per unit Per unit Per unit Per unit Per minute Per minute 5.37 3.76 5.37 2.37 2.37 Flash media Blank Media 0.1055 0.0757 Copying on SD cards constitutes minimal harm, especially because they minimal harm, especially because Copying on SD cards constitutes implementing a levy is not allowed. are multifunctional, so levy on SD cards used in mobile phones, but The fact that there is a the in mobile phones, constitutes a violation of not on internal memory principles of equal treatment. On March 5, 2015, the CJEU rendered its judgment in C-463/12 – On March 5, 2015, the A/S. Båndkopi v Nokia Danmark of case was whether the Danish implementation The central issue in the Nokia Law. Directive was in conformity with EU Article 5(2)(b) of the InfoSoc on SD Denmark) had argued that the Danish levy Denmark (now Microsoft follows: The main arguments from Nokia were as cards violated EU Law. 1. 2. the CJEU ruled that the fact that a device can be used for private Firstly, actual copying or the fact that copying is enough to justify a levy and that the the amount of the levy. a device is multifunctional only influences must determine in EU Member States ruled that the courts the CJEU Secondly, for not subjecting internal whether there are legitimate objective reasons the CJEU in no way indicated However, memory in mobile phones to a levy. of mobile phones would make that the lack of a levy on the internal memory the On the contrary, with EU Law. the particular levy on SD cards incompatible on the internal memory of CJEU hinted that a levy should also be implemented mobile phones. the CJEU issued and reiterated In addition to the central issues of the case, remuneration schemes. many opinions which strengthen European of Appeals for the final The CJEU referred the case to the Danish Court judgment, as can be seen below. memory cards using the argument Nokia refused to pay the Danish levy on SD which resulted in the above- that the levy did not comply with EU law, mentioned court case. Court of Denmark. A Supreme Nokia has appealed the case to the Supreme Court decision can be expected in 12-18 months. the Danish implementation of The CJEU indicated in Case No. C-463/12 that since Article 5(2)(b) of the InfoSoc Directive was not consistent with EU law, the Danish remuneration system only provides for levies on detachable media and not on built-in media (non-detachable media). Current tariff in DKK, valid for 2016 22 Memory card/flash media DVD, Blu-ray, HD DVD DVD, Blu-ray, USB, U3 CD R/RW Mini disc Analog video cassette Analog audio cassette Are there liable parties who reject responsibility or refuse to pay for certain media/devices? Court cases Implementation problems Legal developments Tariffs Legal developments and court cases and court Legal developments 64 International Survey on Private Copying Law & Practice 2016 Revenues Exchange rateLCU/€ Total Memory card/FlashMedia USB, U3 DVD compensation DVD, Blu-ray, HDDVD CD R/RW MiniDiscs Analog audiocassette Analog videocassette Blank Media 2012 (DKK) 31,219,314 14,980,000 2,858,887 4,512,302 4,533,285 3,891,326 459,007 20,401 7.443 145 Flash Media 2013 (DKK) 30,595,182 16,620,000 3,206,503 3,948,359 3,520,323 3,168,246 116,933 5,493 9,325 7.457 2014 (DKK) 27,351,754 17,730,000 2,619,872 3,293,524 1,649,816 2,008,737 47,466 2,294 7.446 45 2015 (DKK) 28,544,400 19,710,000 2,999,965 3,308,285 1,313,892 1,190,124 15,544 5,757 7.462 833 International Survey on Private Copying Law & Practice 2016 65 The amount of remuneration is calculated on the basis of Article27(7) of the Copyright Act and is as follows: Estonian Authors’ Society, appointed by the Ministry of Justice. appointed by the Estonian Authors’ Society, The Minister of Justice appoints a CMO (Estonian Author´s Society) as the collector of remuneration and the organization has the right to deduct expenses related to the collection and payment of remuneration from the remuneration collected. Copyright Act, Articles 26 and 27; Ministerial Regulation No. 14 (January 17, 2006). Regulation No. 14 (January Copyright Act, Articles 26 and 27; Ministerial for Remuneration provided for in Article 26 of the Copyright Act in order to compensate private use of audio-visual works and sound recordings of works. are Manufacturers, importers, sellers of storage media and recording devices responsible for payment. person or the importer, The seller shall pay the remuneration when the manufacturer, who brings storage media and recording devices from the European Community customs territory into Estonia has not paid such remuneration. Estonia Euro Society Estonian Authors’ www.eau.org Kalev Rattus Viive Lillemäe [email protected] [email protected] Lille 13 10614 Tallinn + 372 668 43 60 +372 668 43 61 Estonia How are levies/remuneration determined? Administrative costs for collecting private copying remunerations Collecting society or CMO is appointed by: Remuneration system Liable for payment Copyright law Currency Name of organization Website Contact Person 1 Contact Person 2 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Rate setting Collecting society: Collection and distribution Legislation and fundamental facts Contact information 9. 66 International Survey on Private Copying Law & Practice 2016 Collection process cloud storage)? negotiations concerningnewtariffs(e.g., Are thereanydevelopments,orongoing Are refurbishedproductsexempt? Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? copying exemption. and thereforerightholdersdidnotreceiveanyremunerationundertheprivate the costsofcollecting“blanktapelevies”exceededcollectedamounts rightholders inEstoniahasdecreasedyearbyyear. Infact,in2014and2015, It isremarkablethattheamountofprivatecopyleviesdistributableto levy isnotinaccordancewithrecenttechnologicaldevelopmentsthisfield. No. Theexhaustivelistofequipmentanddevicessubjecttotheprivatecopy No. 6. 5. 4. 3. 2. 1. The remunerationisrepaidonstoragemediaandrecordingdevices: No. Copying behavior, accordingtoasurveyofpeople. Community customsterritoryintoEstoniahasnotpaidsuchremuneration. person whobringsstoragemediaandrecordingdevicesfromthe European The sellerpaystheremunerationwhenmanufacturer, importer, orthe responsible forpayment. Manufacturers, importers,sellersofstoragemediaandrecording devices are European Communitycustomsterritory. media andrecordingdevicesexportedortransportedfromEstonia intothe Exports areexemptedbylaw. Theremunerationisrepaidon thestorage use anddisclosetheinformationonlyinconnectionwithsuchcollection. submitted isconfidentialandthecollectorofremunerationhas rightto manufacturing andimportingorganizationssellers.Theinformation necessary informationfromcustomsauthoritiesandstatisticalorganizations, The CMOappointedasthecollectorofremunerationhasrighttoobtain the remunerationcannegotiateadifferentfee. capable ofbeingreproducedinwriting.Theorganizationappointedtocollect 20 daysfromtheendofeachcalendarmonth,inwritingoraformthat is quantity andpurchasepriceofrecordingdevicesstoragemediawithin Estonia mustinformtheorganizationappointedtocollectremunerationof storage mediafromthecustomsterritoryofEuropeanCommunityinto Any manufacturer, importerorpersonwhobringsrecordingdevicesand used formakingrecordingsthebenefitofdisabledpersons. for thepurposeofteachingorscientificresearch;and intended forrecordingactivitiesineducationalandresearchinstitutions recording asanintermediatestage; who makestherecordingrequiresmanufactureofanaudioorvideo used inanactivitywheretheresultofmainperson of theundertaking; used inthecourseofactivitiesspecifiedarticlesassociation customs territory; exported ortransportedfromEstoniaintotheEuropeanCommunity single copies; reproduction ofaudio-visualworksandsoundrecordingsas which, becauseoftheirtechnicalcharacteristics,donotenablethe International Survey on Private Copying Law & Practice 2016 67 The situation in Estonia has not changed in 2015. The situation in Estonia has not changed in since 1996. The list of A private copy levy has been collected in Estonia recording devices and means subject to payment has not changed since . Thus the Estonian Authors’ Society can collect remuneration only from analog the devices, audio and video carriers and blank CDs and DVDs . Unfortunately, government of Estonia has not updated or changed the list of products subject to payment despite constant pressure from rightholders. Remuneration may also be paid to organizations for the development of Remuneration may also be paid to organizations and research programs or music and film culture and to finance educational not exceeding 10% of the for other similar purposes, but only in an amount remuneration subject to distribution. cultural fund in 2015. No money was dedicated to the social and/or The remuneration is distributed on the basis of a distribution plan for the on the basis of a distribution plan The remuneration is distributed every Minister of Justice appoints a committee preparation of which the authors, performers and composed of CMOs representing proportionally year, Justice. and a representative of the Ministry of producers of phonograms Yearly of among authors, performers and producers The remuneration is distributed to the use of works and phonograms. phonograms according after are set and approved by the Ministry of Justice, Distribution schemes group of rightholders. consultation with a working Distribution scheme, audio: 33.33% – authors; 33.33% – performers; 33.33% – producers of phonograms Distribution scheme, video: 63% – authors; 27% – performers; 10% – producers of phonograms Are there liable parties who reject responsibility or refuse to pay for certain media/devices? Legal developments Is there a social and/or cultural deduction? What is the amount dedicated to the social and/or cultural fund in 2015? Frequency of distribution Which rightholders? schemes How are the distribution determined? Distribution keys Who distributes the collected remunerations Who distributes the collected to rightholders? Legal developments and court cases Social and cultural funds for collective purposes Social and cultural funds for collective Distribution process Distribution 68 International Survey on Private Copying Law & Practice 2016 Revenues Tariffs Court cases Exchange rateLCU/2 Audio cassette,CD-RandCD-RWrecordingdevices VHS andDVDrecordingdevices MiniDiscs (MD) CD-R, CD-RW, DVD-RandDVD-RWdiscs Video cassettes Audio cassettes Media/Devices 24,883.00 2012 (2) 1.000 Hardware, PC,HDD Blank Media Devices damages underSection14(1)oftheEstonianStateLiabilityActexist. must nowdeterminewhetheralltheprerequisitesforcompensationof The actionwillthereforecontinueintheTallinn CircuitCourtasthatcourt these obligatoryprerequisites. Supreme Courtfoundthatinthiscasethecircuitcourthadfailedtoestablish the publicauthorityandmonetarydamagessufferedbyclaimants.The damages, aswellthecausationbetweenbreachofobligations Act wasjustified,thecourtmustfirstestablishfactsandamountof whether aclaimfordamagesunderSection14oftheEstonianStateLiability the SupremeCourtruledthatbeforebeingabletodecideuponquestionof claim forcompensationbywayofdamageswasthereforejustified.However, equitable remunerationundertheprivatecopyingexemption,andthat clearly failedtoguaranteeauthors,performersandphonogramproducers to performitsobligationsbyissuingaregulationonthe“blanktapelevy” that The Tallinn CircuitCourtfoundthatthepublicauthorityinEstoniahadfailed euros. the Stateforincomenotreceivedfrom2010to2014,inamountof831,416 Furthermore, theabovesocietiesclaimedcompensationfordamagesfrom works, shouldbeconsideredasconflictingwiththeConstitutionofEstonia. to authorsforincomenotreceivedasaresultofprivatecopyingtheir devices andmeans,onthebasisofwhichStatecalculatesremuneration February 18,2013requestingthatthestillvalidbutobsoletelistofrecording Producers (EFÜ)filedacomplainttothe Tallinn AdministrativeCourton Estonian PerformersAssociationandtheofPhonogram Given thelackofanypositivechanges,EstonianAuthors’Society, the 23,993.00 2013 (2) 1.000 2014 (2) 9,438.00 1.000 Tariff validin Tariff 2015 3% 3% 8% 8% 8% 8% 2015 (2) 6,205.00 1.000 Per unit Per unit Per unit Per unit Per unit Per unit Capacity Capacity International Survey on Private Copying Law & Practice 2016 69 December 19, 2014: Copyright Act sections 26(c)-26(f) and 26(h) repealed. December 19, 2014: Copyright Act sections 26(c)-26(f) and 26(h) repealed. Amendments to section 2(a) and 26(b), section 45(7), section 46(3), section 46(a)(3) and section 49(3). The bill to amend the provisions of the Copyright Act pertaining to fair compensation was ratified by the President of the Republic on December 19, 2014. The new law entered into force on January 1, 2015. The amendment introduced a financing system for fair compensation. Collection of device- based levies from consumers, which had been applied since 1984, was replaced by financing from the annual State budget. From January 1, 2015: The Government of Finland. Finland Euro TEOSTO Copyright Society, Finnish Composers’ www.teosto.fi Pekari, Researcher Turo Ministry of Education and Culture of Education and Culture of Copyright, Ministry Director Jorma Walden, [email protected] [email protected] Urho Kekkosen Katu 2 C 00100 Helsinki 00358 9 681 011 Meritullinkatu 1 FI – 00023 GOVERNMENT Helsinki +358 2953 30004 (switchboard) Finland Copyright law Remuneration system Liable for payment Currency Name of organization Website Contact Person 1 Name of organization (as of 2015) Contact Person (as of 2015) E-mail 1 E-mail 2 TEOSTO Address Postcode City Phone Government Address Postcode City Phone Country Legislation and fundamental facts Contact information 10. 70 International Survey on Private Copying Law & Practice 2016 Collecting society:Collectionanddistribution Revenue euros. Asfrom 2017,thesituationwillbereviewed annually dependingondevelopmentsinprivatecopying. financing. Annualfaircompensationfrom the Statebudgetin2015and2016isexpectedtobe11million The tariffs were validuntilDecember31,2014.As from January1,2015theStatebudgetprovides the Tariffs Distribution process Rate setting Collecting societyorCMOisappointedby: Distribution keys Which rightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremunerations How arelevies/remunerationdetermined? VHS C-Cassette DVD CD Exchange rateLCU/2 Optical StorageMedia Blank Media 2015. Consequently, alldevice-basedlevieswereannulledasfromthebeginningof 2015 System replacedbyannualfinancingfromtheStatebudgetonJanuary1, 2015 rightholders’ organizations. period of5years(2011-2016).TEOSTOisresponsiblefordistributionthrough TEOSTO isappointedbyTheMinistryofEducationandCulture,foramaximum 2014 8.2% –Gramex(phonogramproducersandperformers) 11% –Tuotos (filmproducers) 11.4% –Teosto (musicalauthors) 69.4% –Kopiosto(otherauthors) 50% individualrightholders: Distribution scheme,video: 5% –Kopiosto(otherauthors) 44% –Teosto (musicalauthors) 51% –Gramex(phonogramproducersandperformers) 65% –individualrightholdersviacopyrightsocieties: Distribution scheme,audio: and otherauthors. Composers, publishers,phonogramproducersandperformers,filmauthors Yearly rightholders conductedbytheMinistryofCulture. Allocation offaircompensationtoCMOsbefurtherdistributed copying. AconsultativecommitteewillbeestablishedtoassisttheMinistry. The Ministryassumesresponsibilityforconductingsurveysonprivate The FinnishGovernmentsetsthelevelandscopeofremuneration. 1,075,000 2012 (€) 525,000 26,100 19,300 1.000 2013 (€) 405,000 695,000 27,700 14,700 1.000 2014 (€) 256,000 466,000 23,000 11,200 1.000 2015 (€) 1.000 International Survey on Private Copying Law & Practice 2016 71 11,000,000 n/a 10,100 257,000 2,441,000 1,414,000 4,878,300 n/a 12,700 475,000 2,661,000 2,116,000 6,407,100 n/a 11,900 774,000 1,998,000 2,644,000 7,073, 300 Consumer Electronics Devices, Hardware, PC, HDD Devices, Hardware, PC, External hard disc Digital video recorder (set-top boxes) Digital video recorder MP3-player Revenue Total Blu-ray disc MiniDisc 2014: (5,200,000 euros, total revenues with 12/2014 sales added (annual revenues are counted from December to November) State counted from are sales added (annual revenues with 12/2014 total revenues 2014: (5,200,000 euros, January 1, 2015). budget financing from 72 International Survey on Private Copying Law & Practice 2016 Contact information 11. Collecting society:Collectionanddistribution Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Web site Name oforganization Currency Country private copyingremunerations Administrative costsfordistribution of copying remunerations Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law France (33) 147158797 (33) 147158753/(33)56 Neuilly-sur-Seine 92210 225 avenueCharlesdeGaulle cé[email protected] [email protected] Cécile Kremnicky Charles-Henri Lonjon www.copiefrance.fr Copie France Euro France rightholders. rightholders. Itonlydistributesto collectingsocieties,whichthendistribute to Copie Franceisnotresponsiblefor thedistributionofPCRdirectlyto 0.80% Copie France Importers andmanufacturersofliablecarriers/devices. capacity. Levy onmediaandequipmentwithinternalstoragecapacity, according to 2. 1. (IPC). Articles L311-1to311-8,BookIII,Title IoftheIntellectualPropertyCode decisions excludingDAT, C10&C15Tapes, and8cmDVD. administrative commissioninchargeofsettingthetariffsandspecific All typesofcarriersnotincludedinthescopedecisions not presumedtobeusedforprivatepurposes. shall notapplytocarriersordevicesacquiredforprofessionaluseand 2011, enactedonDecember23,2011):theobligationtopayremuneration was redraftedlastDecember(IPC,L311-8II,lawdated20, The scopeoftheexception,inaccordancewithPadawandecision, International Survey on Private Copying Law & Practice 2016 73 Payment is due monthly. The market is controlled on a voluntary basis or through court decisions. Exports are exempted. French manufacturers and importers that sell carriers or equipment abroad do not have to pay levies. When distributors/retailers export levied products bought in France, they must provide to Copie France proof that the levied product has been exported and Copie France verifies that that the remuneration has been paid by its supplier. refunds the incurred costs the remuneration has been paid by the supplier, and then informs the exporting society that its supplier will, in to the supplier, turn, refund the incurred costs. Since the Opus case, Copie France has ordered several foreign-based websites to stop selling to French consumers without paying levies and to report all supplies made to the French market. Regularization processes and court cases are ongoing. The rates are set by a specific administrative commission composed of specific administrative commission composed The rates are set by a 12 representatives of rightholders’ organizations, 24 members as follows: and importers and 6 representatives 6 representatives of manufacturers powers, A Chairperson, with specific voting of consumers’ organizations. voted the “common good”. Decisions are discussed, represents the State and on and officially published. on based to determine the level of the remuneration IPC, L 311-4: obligation use. was in accordance with the Padawan decision The scope of the exception 20, 2011, 2011 (IPC, L 311-8 II, law dated December redrafted in December to pay remuneration shall not enacted on December 23, 2011): the obligation use and not presumed apply to carriers or devices acquired for professional to be used for private purposes. professionals have the right to a refund, and they may According to the law, apply for an exemption agreement. a refund or an exemption Any end user of a liable carrier may apply for agreement that they are the end user of They should also be exempted if they can prove possible to presume use for private copying. in which case it is not the carrier, of the decisions of the Not all families of carriers fall within the scope C10 &C15 exclude DAT, administrative commission and specific decisions tapes and 8cm DVD. (when declared) as Copie No, the RCP is collected on refurbished products new products that may be used France considers refurbished devices to be for reproduction of works for private use. agreed to start negotiations. After three years, importers and manufacturers program for the next three years. The administrative commission voted a work should study new private copying uses the commission During the first year, and mobile phones in order to involving external hard discs, tablets, NPVR are slow and new tariffs should be voted discussions update tariffs. However, in 2017. How frequently is payment due? How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? Are refurbished products exempt? Are there any consumers or buyers exempt Are there any consumers from paying the levies? Are there any products exempt from levies? Are there any developments, or ongoing negotiations concerning new tariffs (e.g., cloud storage)? How are levies/remuneration determined? How are levies/remuneration Collection process Rate setting 74 International Survey on Private Copying Law & Practice 2016 Distribution process Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution key How isthedistributionpatterndetermined? Who aretherightholders? Frequency ofdistribution to rightholders Who distributesthecollectedremuneration Legal developments Court cases media/devices?) responsibility orrefusetopayforcertain Are thereliablepartieswhodeny Please giveexamples. How cansocialandculturalfundsbeused? and/or culturalfundsin2015? What wastheamountallocatedtosocial social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsibleforallocation Is thereasocialand/orculturaldeduction? Step 3:Contractualsplitbetweenorganizations. Written worksandvisualarts: Video: Audio: law, betweenauthors,performersandproducers/publishers: Step 2:Eachofthefourpartslistedin1isthensplit,accordingto works andvisualartwork. (dedicated orhybrid)storagemediaused,asfollows:audio,video,written Step 1:SplittingofcollectedPCRintofourparts,accordingtothekind Distribution patternsaredeterminedbasedonathree-stepprocess. Authors, performersandproducers. Monthly. Copie France remuneration forprivatecopying. NPVR servicesofferingcloudstorage werebroughtwithinthescopeof product. Copie Francetotheextentthatcanmonitorexport ofthe As forprofessionaluses,exportingsocietiesshouldbealsoexempted by Refunds forexportsarepaiddirectlytotheexportingsocieties. as follows: A newlawcameintoforceonJuly7,2016.Themostimportantchanges are mainly totheexemptionofprofessionalusersliablecarriers. to theEuropeandirectiveonprivatecopying(2001/29).Thechallenges are There arechallengestothelegalbasisofPCRsysteminFrance, relative especially thecriteriaandlegalbasisforsettingtariffs. manufacturers/importers whochallengetheentireFrenchPCRsystem, Copie Franceisfacingdifficulties(non-payment,courtcases)withsome the providesinformationonhowPCRisusedforculturalpurposes. All informationcanbefoundonwww.copieprivee.org, adedicatedwebsite 25% allocations Authors’, producers’andperformers’organizationsareresponsibleforsuch There isasocialand/orculturaldeductiondeterminedbyIPCL321-9. 50% topublishers 50% toauthors 1/3 tovideogramproducers’organizations 1/3 toperformers’organizations 1/3 toauthors’organizations 25% tophonogramproducers’organizations 25% toperformers’organizations 50% toauthors’organizations International Survey on Private Copying Law & Practice 2016 75 50.00 19.15 45.73 0.015 125.77 28.51 42.84 (euros) Private copying remuneration (euros) Private copying remuneration 12 18 25 30 45 6.30 37.50 1 2/GB 1.50 2/GB 0.88 2/GB 1.50 2/GB Private copying remuneration (euros) Remuneration in euros per gigabyte (2/GB) Remuneration in euros per gigabyte (2/GB) Recording duration Recording duration or storage capacity NPVR services must negotiate with TV channels the scope of the PCR. These of the PCR. These TV channels the scope must negotiate with NPVR services to be paid difficult. Some TV channels require negotiations are particularly others seek to limit the ability to copy a program. for private copying and commission in parallel to these negotiations, the administrative in Moreover, session to tariff in France must now open a working charge of setting the PCR set a new tariff for NPVR. Per 100,000MB (i.e. 0.352 per 700MB) Per 100 GB (i.e. 0.902 per 4.7 GB) Per 100 hours (i.e. 0.562 per 74 mins) Per 1.44MB Per 100 hours (i.e. 3.772 per 180 mins) Per 100 hours (i.e. 1.292 per E180 item) Per 100 hours (i.e. 0.432 per C90 item) Storage capacity Storage capacity Storage capacity Carrier Carrier Video tapes (VHS) Video Audio tapes Data CD R and RW Up to 8 GB More than 8 GB to 40 GB More than 40 GB to 80 GB More than 80 GB to 160 GB More than 160GB to 250 GB More than 250 GB to 320 GB More than 320 GB to 500 GB Up to 4 GB More than 4 GB to 8 GB Implementation problems Implementation Up to 8 GB More than 8 GB to 32 GB Data DVD Ram, DVD R and RW MiniDiscs and Audio CD R Micro floppy disc 3 ½” DVHS Memories and hard discs integrated in an audio + video Walkman (MP4 Walkman) or lounge device (MP4 Walkman) an audio + video Walkman discs integrated in Memories and hard Memories and hard discs integrated in an audio Walkman (MP3 Walkman) or lounge device or lounge (MP3 Walkman) an audio Walkman discs integrated in Memories and hard Memories and hard discs integrated in TV sets, video recorders or TV decoders/ADSL-boxes (decoders and or TV in TV sets, video recorders discs integrated Memories and hard audio-visual broadcasts). ADSL-box used exclusively for recording Digital recording Carriers Blank analog carriers Tariffs 2013 until present January 1, valid from: Tariffs 76 International Survey on Private Copying Law & Practice 2016 − − keys USB − hardMultimedia external discsormemories: Note: Discs Hard External Standard cards Memory More than32 GBto96 More than16 GBto32 More than8 GBto16 Over 8 GB More than4GBto8 More than2GBto4 Up to2 GB Over 8 GB More than4GBto8 More than2GBto4 Up to2 GB More than500GBto1000 More than320GBto500 More than120GBto320 Up to120 GB From 5000GBto10000 From 1000GBto5000 More than160GB to250GB More than80GBto160 More than40GBto80 More than8GBto40 Up to8 GB − − − content (boxwithmultimediaHDDorrecording capacity). That of audio/videocontentwithoutaPC;and audio/videoand/orrecordingWith jack outputinterfacesandinputthatallowtherecording without aPC; audio/videoand/orrecordingWith jack outputinterfacesthatallowtheplayblackofaudio/videocontent Network storagesystems(NASandNDAS)forhouseholds(desktopversions) SSD (solidstatedrive)systems hardExternal discswithUSBorFirewire interface Included inthiscategoryare: are builtinorconnectedtoadecoderandare notexclusivelydedicatedtotherecording ofvideo Storage capacity Storage capacity Storage capacity Storage capacity Remuneration ineurospergigabyte(2/GB) Remuneration ineurospergigabyte(2/GB) Remuneration ineurospergigabyte(2/GB) Private copyingremunerationineuros Private copyingremunerationineuros 0.33 2/GB 0.35 2/GB 0.50 2/GB 0.06 2/GB 0.07 2/GB 0.08 2/GB 0.09 2/GB 0.10 2/GB 0.13 2/GB 0.16 2/GB 0.20 2/GB 0.012 2/GB 0.015 2/GB 12.50 9.30 6.30 23 16 9.60 8.40 20 11 International Survey on Private Copying Law & Practice 2016 77 1.000 58,402 73,027 2015 (€) 2015 (€) 3,096,656 3,155,058 3,575,105 27 30 31 32 1.25 2/GB 0.8000 2/GB 0.5250 2/GB 0.3281 2/GB 0.1969 2/GB 1.000 0.7000 2/GB 0.5000 2/GB 0.3095 2/GB 0.2360 2/GB 223,000 129,000 2014 (€) 2014 (€) 6,272,000 4,808,000 4,937,000 Remuneration in euros per gigabyte (2/GB) Remuneration in euros per gigabyte (2/GB) Remuneration in euros per gigabyte (2/GB) Remuneration in euros 1.000 535,000 567,000 2013 (€) 2013 (€) 8,990,000 8,384,000 8,951,000 1.000 287,701 2012 (€) 2012 (€) 8,307,802 8,595,503 2,796,901 16,381,548 Storage capacity Storage capacity Storage capacity dedicated to music display Audio Revenue Video Revenue Video No remuneration is paid for recording capacities sold in a “bundle” or “additional offer” with a device whose recording offer” with a device No remuneration is paid for recording capacities sold in a “bundle” or “additional capacities are not subject to a private copying levy. The rate applicable to recording devices sold with one or more recording media (e.g.,, memory card, external hard disc) The rate applicable to recording devices sold with one or more recording media (e.g.,, or sold separately but in the same transaction, in the same packaging or several packagings combined (“bundle”), total recording capacity of the obviously intended to be used together (“additional offer”), is obtained by calculating the capacity. carrier and the device, and applying the relevant rate of the device to the resulting total Video cassette Video DVD data Up to 8 GB More than 8 GB to 16 GB More than 16 GB to 32 GB More than 32 GB to 64 GB Exchange rate LCU/2 2. The rate is applied to the device is calculated by adding (a) the storage capacity of the carrier and (b) the storage capacity of The rate is applied to the device is calculated the device. 1. More than 320 GB to 500 GB More than 320 GB to 500 TB More than 500 GB to 1 More than 1 TB to 2 TB More than 250GB to 320 GB More than Any capacity Up to 8 GB GB More than 8 GB to 16 More than 16 GB to 32GB More than 32 GB to 64GB Data CD R/RW Audio cassette, audio CD, MiniDisc Total Audio Total Revenue Carriers sold in a “bundle” or “additional offer” with a recording device with a recording offer” Carriers sold in a “bundle” or “additional Multimedia touchscreen tablets running on a specific operating system or a mobile device operating system. tablets running on a specific operating system or a Multimedia touchscreen Memories and hard discs for audio storage and playback integrated in a global positioning system (GPS) or storage and playback integrated in a global positioning system (GPS) discs for audio Memories and hard and road as navigation software storage media used for other elements such a car radio and separate from map information. Mobile phones with music and video playback functionality Mobile phones with 78 International Survey on Private Copying Law & Practice 2016 2015: 229millioneuros 2014: 234millioneuros 2013: 235millioneuros 2012: 221millioneuros Thus, thedefinitivesumscollectedoneachfinancialyear, after reprocessing theseexceptionalelements,isasfollow: (3) (2) (1) Additional Information device into amultimediaWalkman or Memory orharddiscinserted Walkman phones External harddiscs Removable memorycards USB sticks multimedia harddisc Multimedia boxesor decoder andTVset Hard discinsertedintoa Total Devices car radio positioning system(GPS)ora Memories inaglobal Tablets into aHi-Fidevice Memory orharddiscinserted Grand Total Total Video recorder Hard discinsertedintoavideo into digitalaudio(MP3)player Hard discsormemoryinserted year buthavenotbeenincludedintherevenue benchmarksinthemanagementsummaryofthisreport. settlements ofdisputesthathavearisenbetween2013and2016.Thesemodifytheamountcollectionsforeach The 2016revenues aspresented above(i.e.,totalof226,132,535euros) donotincludefurtherprocessing ofsumsreceived after France collectsoncarriersinsertedintodevices,notdevicesthemselves. For memoryorhard discsinsertedinto multimediadevices,revenues are splitbetweenaudioandvideoremunerations. written worksandvisualartsremunerations. For hybriddevices,dataCD-R,DVD,USBkey, hard external discsandmemorycards, revenues are splitamongaudio,video, Device Revenue USB stickdata) (in 2012,includedin 146,103,773 173,877,725 19,178,449 52,184,074 32,461,189 23,147,754 12,354,452 11,816,912 6,421,319 2,499,869 4,535,756 2012 (€) 671,246 11,202 189,496,000 207,972,000 55,219,000 35,036,000 17,512,000 21,673,000 31,890,000 7,369,000 9,678,000 7,285,000 9,525,000 2,994,000 2013 (€) 840,000 205,429,000 216,861,000 79,437,000 27,487,000 18,592,000 12,200,000 29,641,000 18,793,000 9,821,000 5,525,000 1,974,000 6,495,000 1,959,000 2014 (€) 100,611,184 219,329,345 226,132,535 22,638,181 17,542,741 11,052,050 33,853,105 17,088,616 1,258,703 9,482,822 2,983,643 1,762,935 3,648,132 2015 (€) 987,741 International Survey on Private Copying Law & Practice 2016 79 ZPU collects private copying remunerations for media and devices, which VG Bild-Kunst and can be used for copying audio and video works. VG Wort collect private copying remunerations for media and devices which can be used for copying text and pictures, but not for audio or video works. ZPU is appointed by its member societies (collecting societies), which represent their rightholders. ZPU distributes to member societies. Member societies distribute to their rightholders. Distribution must be agreed upon by all member societies. ZPU does not distinguish between costs for collecting and for distributing private copying remunerations. Copyright Act of September 9,1965, amended on June 24,1985. Further Copyright Act of September 9,1965, amended since 2007. Latest revision in force amendments in 1990, 1994, 1995, 1998, 2003, copying remunerations. January 1, 2008 with new regulations for private Not only private copies are subject to copy remunerations (Article 53(1) UrhG), but also other kinds of copies mentioned in Article 53(2) and 53(3) UrhG. In German, the term “private copies” applies to all of the above copies. There is no remuneration for copies from illegal sources. Remuneration is levied on media and devices. Importers and manufacturers, resellers and retailers. Germany Euro Überspielungsrechte (ZPU) Zentralstelle für private www.zpue.de Wintergerst Verena [email protected] [email protected] 11 Rosenheimer Str. 81667 München +49 89 48003-416 +49 89 48003-988 Germany Distribution process Collecting society or CMO is appointed by: Remuneration system Liable for payment Copyright law Currency Name of organization site Web Contact Person E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Collecting society: Collection and distribution Legislation and fundamental facts Contact information 12. 80 International Survey on Private Copying Law & Practice 2016 Rate setting Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution process Collection process Legal developments Is thereasocialand/orculturaldeduction? cloud storage)? negotiations concerningnewtariffs(e.g., Are thereanydevelopments,orongoing Are refurbishedproductsexempt? Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? determined? How arethedistributionschemes Frequency ofdistribution to rightholders? Who distributesthecollectedremuneration Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? (VGG – Verwertungsgesellschaftengesetz). New regulationsforcollectingsocietiesareinforcesinceMay24, 2016 No below. Accordingly, therearenewtariffsformobilephonesandtablets;seedetails − − There isnoexceptionforrefurbishedproductswhenimported. All devicesandmediausedforprivatecopyingaresubjecttoremunerations. are noexemptionsforconsumers. There aredifferentexemptionsforprofessionalandindustrialusers. Empirical studiesontheusageofdevicesandstoragemedia. tariff issuggested/setbythearbitrationboardorcourts. data. Thisregularlyleadstojudicialproceedings,suchthatanewandvalid If thenegotiationsfail,tariffswillbesetbyZPUbasedonmarketresearch manufacturers andimporters. Levies aresetbyZPUthroughnegotiationsbetweenandassociationsof member societies. Distribution schemesaredeterminedthroughnegotiationsamong ZPU’s currently nosetfrequency. Distribution occurswhenZPUpartnersdecidetodistribute–thereis rightholders. ZPU distributestomembersocieties.Membersocietiesdistributetheir private consumer. commercial entity. ThepartyabroadisresponsibleiftheGermanrecipienta In cross-bordersales,theGermanpartyisresponsible,ifrecipient a Exports areexemptedbylawinArticle54IIUrhG. retailers. importers andmanufacturersarecheckedagainstthefiguresreportedby reasonable doubtsconcerningthecorrectnessofreports.Thereports Importers andmanufacturerscanbeauditedbyaccountantsincaseof Monthly ortwiceayear, dependingoncontract/generalagreement. − − on tariffs)andseveralcontractswithimportersfortabletsin2010/2011. new (2016)contractwithBITKOMe.V. fortabletssince2012(20%discount discount ontariffs) new (2016) contract with BITKOM e.V. for mobile phones since 2008 (20% International Survey on Private Copying Law & Practice 2016 81
per unit per unit per unit per unit per unit per unit per unit per unit per unit 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 7.00 0.00 0.062 0.197 0.139 0.271 0.550 1.264 0.117 0.386 0.0870 0.0614 0.0614 1.8750 0.0614 4.0000 10.250 4.0000 (euros) (euros) (euros) 17.0625 15.1875 13.1875 until December 31, 2010 Tariff valid from January 1, 2010 Tariff Tariff valid from January 1, 2008 Tariff valid from January 1, 2010 Tariff Tariff valid from January 1, 2008 Tariff Tariff valid as from January 1, 2011 Tariff Only a small part of the IT industry refuses to pay for products which are which are refuses to pay for products part of the IT industry Only a small as ZitCo agreements. This part of industry is organized covered by collective e.V. are still refuses to pay for media and devices which Furthermore, industry below). subject of lawsuits (see for all types of media and equipment. Lawsuits are still pending Exception: mobile phones and tablets; and BITKOM members for for PCs. BITKOM and BCH members denies responsibility or refuses payment, A small part of the IT industry relying on the Padawan case (business tariffs), faults in setting tariffs, regulations, etc. complaints that tariffs are too high, import-export PCs PCs Blank Media CD/DVD writer Optical Storage Media CD-R up to 900 MB CD-RW up to 900 MB DVD+/-R GB DVD+/-RW 4.7 GB DVD-RAM 4.7 GB DVD-RAM 9.4 GB DVD double sided 9.4 GB DVD double layer/dual layer 8.5 GB VHS Audio-CD-R/RW DAT/MD PC with CD/DVD-writer PC without CD/DVDVD-writer Internal CD/DVD-writer External CD/DVD-writer Audio cassette Consumer PC Business PC Small mobile PC (since 2014) Workstation Internal CD/DVD-writer Are there liable parties who reject parties who reject Are there liable to pay for certain responsibility or refuse media/devices? Court cases Implementation problems Tariffs 82 International Survey on Private Copying Law & Practice 2016 Memory card>4 GB Memory card≤4 GB USB stick>4 GB USB sick≤4 GB Network HDD<1 TB Multi-media HDDwithoutrecordingfunction Multi-media HDDwithrecordingfunction External HDD≥1 TB External HDD<1 TB Network HDD≥1 TB Set-Top-Box withexternalHDD Mobile phone2008 MP4-player Display≥3’’≤4’’ MP4-player Display<3’’ MP3-player CD-recorder MD-recorder AC-recorder TV withHDD HDD-recorder Set-top box+HDD-recorder DVD+VCR+HDD-recorder DVD-HDD-recorder DVD+VCR-recorder DVD-recorder VHS-recorder Mobile phone2009 Consumer phone2010 Consumer phone2011 Consumer phone2013 Consumer phone2012 Consumer phone2014andfollowing Business phone2012 Business phone2011 Business phone2010 Business phone2013 Business phone 2014 andfollowing Consumer Electronics Mobile Phones Flash Media HDDs
Tariff validfromJuly1,2012(euros) Tariff validfromJanuary1,2008 Tariff validfromJanuary1,2010 Tariff validfromJanuary1,2008 Tariff validfrom01.01.2008 2.34375 1.81875 2.83125 (euros) (euros) (euros) 1.6625 3.6375 4.6875 5.6625 2.6375 19.00 34.00 17.00 13.00 15.00 13.00 25.00 34.00 34.00 34.00 49.00 39.00 30.00 22.00 15.00 5.275 3.125 1.95 0.91 1.56 0.91 5.00 9.00 7.00 5.00 5.00 7.00 2.05 6.25 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 per unit per unit per unit per unit per unit per unit per unit per unit per unit per unit
International Survey on Private Copying Law & Practice 2016 83 1.000 2015 (e) 1,207,000 13,292,000 55,220,000 71,434,000 24,204,000 -18,905,000 100,197,000 100,665,000 -145,985,000
per unit per unit per unit per unit per unit per unit per unit per unit 1.000 88,000 2014 (e) 3,627,000 30,994,000 17,761,000 99,544,000 26,472,000 253,781,000 281,204,000 -151,063,000 1.82 2.45 3.50 8.75 4.55 2.975 6.125 7.4375 (euros) 1.000 119,000 2013 (e) 7,756,000 26,454,000 11,226,000 15,470,000 11,649,000 -99,360,000 129,232,000 102,546,000 Tariff valid from January 1, 2010 valid from January 1, Tariff 0 1.000 Blank Media / Devices / Reservations 996,000 2012 (e) 7,580,000 1,079,000 3,841,000 18,135,000 74,117,000 -87,781,000 130,267,000 Tablets Tablets Collected Amounts Business tablet 2010-2011 Business tablet 2012-2013 Business tablet 2014 Business tablet 2015 and following Consumer tablet 2015 and following Consumer tablet 2015 Consumer tablet 2010-2011 Consumer tablet 2012-2013 Consumer tablet 2014 Exchange rate LCU/€ CD/DVD/Audio /Video blank Media CD/DVD/Audio /Video USB/Flash Media Consumer Electronics Mobile Phones PCs + CD/DVD Writer HDDS Tablets Reserve for bad debt/allowance Total The figures show revenue, not payments. On account of lawsuits, the full amounts have not been paid. revenue, show The figures Revenue 84 International Survey on Private Copying Law & Practice 2016 Contact information 13. Collecting society:Collectionanddistribution Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person1 Web site Name oforganization Currency Country Distribution process copying remunerations Administrative costofcollecting private Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Greece 0030-210 –6851576 0030-21110-29001 Amaroussio, Athens 15125 51, SamouStr. &Fragoklissias [email protected] [email protected] Christine Mergoupi www.aepi.gr AEPI Euro Greece It distributesdirectly toindividualrightholders. of musicalworks. AEPI distributesonlytoitsmembers, i.e.authors,composersandrightholders Standard 8%upondistributionof thecollectedincome. AEPI members. authors, composersandrightholdersofmusicalworks.Itonlycollects for AEPI isanorganizationresponsibleforcollectionofremunerations for Importers ormanufacturers. Remuneration isalevy(%)onrecordingmediaand/orequipment. b. a. in force Rights, asamendedbyLawsNos.2435/1996,3049/2002,and3207/2003,is still Article 18ofLawNo.2121/1993onIntellectualPropertyandNeighboring enterprise, aserviceoranorganization.” without payment.Thetermprivateuseshallnotincludebyan work forhisownprivateuse,withouttheconsentofauthorand permissible forapersontomakereproductionoflawfullypublished to theprovisionslaiddowninfollowingparagraphs,itshallbe Definition ofprivateuse:AccordingtoArticle18(1),“Withoutprejudice the objectofexception(SeeArticle18(1)law). The reproductionofa“LAWFULLY PUBLISHEDWORK”forprivateuseis International Survey on Private Copying Law & Practice 2016 85 The law stipulates that payment must be made three months after importation. The law stipulates that payment must be made and payments are It is usually done by submitting statutory statements, and the importer. contractually regulated between the organizations verification of the accuracy Each collecting society is entitled to request appointed by the of any statutory statement by a certified accountant the true total value of Intellectual Property Organization (IPO), to ascertain and /or audio-visual works, the equipment /media fit to reproduce musical liable party fails to submit such imported or produced in Greece. Where the sitting at an injunction hearing, a statement, the single-judge district court, the above statutory statement, orders the liable party to immediately submit 30,000 euros to the applicant failing which the party pays a fine of 3,000 to Provision is made for further sanctions. collecting society. Exports are exempted by Law (Article 18(3)). “Where the importer is According to Article 18(10) of the national law: the import or inter-community required to pay an equitable remuneration for procurement of sound and/or image recordings or other technical means referred to in Article 18(3), the remuneration shall be calculated based on and the invoice note the value stated in the invoice of the foreign company, provided for by this article shall be established on the basis of the sales that invoice of the said recordings and technical means and shall simply state the sales price includes the fee calculated on the stated value as per Article 18(3). The remuneration is payable three months after importation.” By law and is set by the legislators, the criteria are legislative As the rate of the levy authoritative. down “Without prejudice to the provisions laid According to Article 18(1): make a it shall be permissible for a person to in the following paragraphs, the without published work for his own private use, reproduction of a lawfully shall not and without payment. The term private use consent of the author a service or an organization”. include use by an enterprise, list of consumer products as per the non-restrictive Levies are imposed on with no exemption. media/devices hereunder, No. How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? How frequently is payment due? Which criteria are used for determining the Which criteria are used levies/remuneration? or buyers exempt Are there any consumers from paying the levies? exempt from levies? Are there any products exempt? Are refurbished products Are there any developments, negotiations going on about new tariffs (e.g., cloud storage)? How are levies/remuneration determined? How are levies/remuneration Collection process Rate setting 86 International Survey on Private Copying Law & Practice 2016 Distribution process Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution key determined? How arethedistributionschemes Who aretherightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremuneration devices? responsibility orpaymentforcertainmedia/ Are thereliablepartieswhodeny Court cases Are theresocialand/orculturaldeductions? producers andperformersaccordingtotheiragreedformulae The remaining45%inbothcategoriesofleviedproductsisawardedto the 55%awardedtocreatorsforvideo). *(AEPI collects85%ofthe55%awardedtocreatorsforaudioand19.1% OSDEETE (fineartists)and11.5%forFIVOS(photographers). translators ofplays),52.5%forATHINA (directors/scriptwriters),3%for authors), 4%forOSDEL(writers/publishers),5.4%THESPIS(playwrights/ as follows:19.1%forAEPI(musicauthors),1.5%AFTODIAXEIRISI Distribution schemeforvideo–the55%attributedtocreatorsisdistributed translators ofplays),and1.5%forATHINA (directors/scriptwriters). authors), 5%forOSDEL(writers/publishers),1.5%THESPIS(playwrights/ as follows:85%forAEPI(musicauthors),7%AFTODIAXEIRISI Distribution schemeforaudio–the55%awardedtocreatorsisdistributed 20% toproducersofaudioandvideoworks. 25% tointerpretersandperformers 55% tocreators(allcategoriesofrightsowners) both audioandvideo): Legislators hassettledforthefollowingdistributionscheme(applicable to By lawmakers. performers. There arethreebigcategoriesofrightholders:creators,producersand every sixmonths. rightholder organizationstotheirmembersisnotknown.AEPIdistributes The mannerandfrequencyofthedistributioncollectedleviesbyother categories ofrightholdersdistributeremunerationtotheirmembers. All organizationscollectingprivatecopyingremunerationforthevarious submit statutorystatementsonmobilephoneimports. Legal actionhasbeeninitiatedagainstmobilephoneimporterswho failto 2016. December 7,2015andjudgmentwasrenderedinfavorofCMOs January on declaredinformationpertainingtoimports.Acourthearingwas heldon them todeclareimportsofsuchproducts.Interimmeasureswere taken In 2015,extrajudiciallettersweresenttomobilephoneimporters,urging No International Survey on Private Copying Law & Practice 2016 87 Rate 6% of the import price of all products/devices 6% of the import price of all products/devices 6% of the import price 6% of the import price of all products/devices Blank Media Cassettes (MC), audio CD-R Cassettes (MC), audio DAT Audio CD-RW, MiniDisc, DVD-Audio Audio Devices – MP3 players Digital audio recorders Hi-fi CD writer (consumer) Hi-fi tape recorder midi Car Hi-Fi hard disc or memory slots Music servers (jukeboxes) ICDs (digital voice recorders) Micro PA Hi-fi MiniDisc Mini-micro systems Music mobile phones Carriers Video Video8) Cassettes (VHS, HI8, mini DV, + R, DVD DVD-R, DVD + RW, DVD + RAM, mini DVD DVC, Blu-ray discs PC diskettes over 100mb DDS tapes disc Travan CD-R data CD-RW data Audio Carriers Applicable national rates Applicable 88 International Survey on Private Copying Law & Practice 2016 Revenue past royalties collectedretroactively. sector outofthe55%forcreators, and19.1%inthevideosectorrespectively). Also,thesumsmentionedineachcategoryinclude The audioandvideocategoriesbothcomprisemediadevicesonly regarding thepercentage allocatedtoAEPI(85%intheaudio Total Video revenue Audio revenue Exchange rateLCU/2 Mobile phones(exceptmusicmobiles) USB) andjazzdrives Portable harddisc(external)ZIPdrives,USM(SonyData Smart mediamemorycards, USB flash,memorysticks,cards Compact flashmemories MiniDiscs Media boxes Digital recordersforIPTVandVODservices Game consoles Digital cameraswithSDcards Digital camcorders Blu-ray recorders(external) Hard drivemediaplayers Digital receiverwithharddisc(PVR) VHS Recorders Digital recorders(iPods,MP4players,etc.) Hard discbuiltintovideorecorders(videocameras) DVD recorders(withorwithoutharddisc) TV withrecorder(harddisc) CD-ROM recorderPC(external) DVD writerPC(external) Video Devices 245,698.60 191,788.60 53,910.00 2012 (2) 1.000 6% oftheimportpriceallproducts/devices 297,665.34 162,175.77 135,489.57 2013 (2) 1.000 336,654.45 204,626.28 132,028.17 2014 (2) 1.000 102,034.77 67,413.67 2015(2) 34,601 1.000 International Survey on Private Copying Law & Practice 2016 89 Copyright Act LXXVI of 1999. The definition in Article 20 (1) and (2) of the Copyright Act LXXVI of 1999. The definition Copyright Act reads as follows: “Private copy remuneration for private copying of works, performances, films and sound recordings shall be paid to the authors, performers and producers of such works broadcast by radio and television companies, disseminated to the public through private cable television networks, and released for distribution on audio-visual or audio carriers.” Remuneration is determined by the competent collective management organization (Artisjus) in agreement with the other affected collective management organizations representing film authors, film producers, visual artists, performers, sound recording producers. Remuneration rates are to be included on a rates chart that is subject to government approval. Hungary Hungarian forint (HUF) 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 Remuneration system Copyright law Currency Name of organization site Web Contact Person 1 Contact Person 2 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Legislation and fundamental facts Contact information 14. 90 International Survey on Private Copying Law & Practice 2016 Rate setting Collecting society:Collectionanddistribution Liable forpayment from payingthelevies? Are thereanyconsumersorbuyers exempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? Distribution process copying remunerations Administrative costofdistributingprivate copying remunerations Administrative costofcollectingprivate by: The collectingsocietyorCMOisappointed Resellers, wholesalersandretailersalsobearajointseveralliability. Jogdijkozlemeny_U_2016.pdf http://www.artisjus.hu/wp-content/uploads/2016/01/ provided forintherateschart. For moreinformation,seethetermsandconditionsofexemptions broadcasting entities. made inschoolsforteaching/exampurposes,andephemeralreproductionby private copyingbynaturalpersons,LAMSfreereproductions,reproductions remedy theharmcausedthroughvariousinstancesoffreereproduction: The privatecopyremunerationunderArticles35(1),(4),(5),(7)and(8)shall − − − There areexemptionsfor: payment. Manufacturers andimportersofliabledevicesmediaarefor upon anassignment oftheclaimbypersonwho paidthelevy. levies. Personsotherthanthepayer ofthelevymayclaimareimbursement with thePadawanruling.We provideupfrontexemptionfrompayingthe We offerexemptiontoprofessionalusersundertherateschartin accordance of theACIAdamdecision. Furthermore, weappliedageneral feereductionof30%toreflecttheimpact approach. Thisapproachincorporatesuserpatternsandmarket trends. We aremovingfromapurelyuser-behavior approachtoaharm-based monitor pricesandtechnologytrends. We conductannualusersurveys,focusingonmediausagepatterns.We also Office, afteraconsultationprocess. annually bytheMinistryofJusticeviaHungarianIntellectual Property Initial ratesaresetbyrightsowners’organizations.Theseapproved performers, filmrightholdersandvisualartists. to othercollectivemanagementorganizationsofsoundrecordingproducers, it represents,buthasbeenmandatedintheCAtotransferstatutoryshares Artisjus distributesdirectlytotheindividualmusicalandliteraryrightholders administrative supervisionexecutedbyHIPO. governmental approvalisrequired.Distributionrulesaresubjectto Distribution schemesaredeterminedbyrightsowners.Nofurther apply furtherdeductions. Administrative costfordistribution:10%ofthetotal.Otherrightholdersmight distribution. statutory proportion,mayapplyafurtherdeductionpertainingstrictlyto by Artisjus.TheotherCMOs,whichreceivetheirsharefromArtisjusina The administrativecostis17%.Nofurtherdeductionsapplyindistributions remuneration Hungarian IntellectualPropertyOfficecollectsanddistributesprivatecopy Artisjus. Registrationbythecompetentpublicadministrationagency. The − − − detailed stipulationsontheapplicationofstatutoryexceptions. with the Amazon decision under the relevant rate chart of Artisjus, and Padawan decision,aswellreimbursementstipulationsinaccordance upfront exemptionforextendedprofessionaluse,inaccordancewiththe export exemptionundertheCA(Art.20(3); professional usersundertheCA(Art.20(3)); International Survey on Private Copying Law & Practice 2016 91 Hologram stickers on the products IMEI registration number for mobile phones malls, etc. Regular spot checks in shops, markets, shopping Artisjus is responsible for the annual distribution of remunerations to the Artisjus is responsible for the annual distribution Other collective management musical and literary rightholders it represents. entities distribute to their rightholders. Annually. Musical and literary rightholders represented by Artisjus. Other collective management entities distribute to their rightholders. Distribution schemes are determined through an algorithm that connects private copy remuneration to other licensed uses such as RTV broadcasting, mechanical reproduction, etc. Distribution scheme for audio works: 45% – authors (ARTISJUS) 30% – performers (EJI) 25% – producers (MAHASZ) Distribution scheme for audio-visual works: 20% – authors (ARTISJUS) 80% – rights owners, such as: 13% – film producers (FILMJUS) 22% – cinematographic creators (FILMJUS) 4% – visual artists (HUNGART) 16% – scriptwriters (FILMJUS) 20% – authors of music and literature (ARTISJUS) 25% – performers (EJI) The liability moment is the eighth day after importation (for importers), or after (for importers), or The liability moment is the eighth day after importation (for producers). warehousing the goods prior to distribution Control of liable parties: 1. 2. 3. There is no refund scheme under the CA. Exports are exempted by law. when authentic invoices In daily practice, Artisjus accepts refund claims of customs clearance, are and delivery notes (EU exports), or statements The detailed rules are provided submitted in conjunction with the clearance. in the rates chart. goods into circulation on The importer is the legal person that puts the regardless of whether the product comes from the Hungarian territory, domestic market or from outside the EU. The rates chart indicates the relevant products, and the current list does products, and the indicates the relevant The rates chart no special ultrabooks, CD-DVD writers. There is not include PCs, notebooks, products. In some cases, individual agreements exemption for refurbished and exchange of media boxes used by subscribers (discount) governed the owned by package operators. 2016) 17, the agenda. The 2017 rate is currently (Nov. Cloud storage is not on authorities. under review by the approving Frequency of distribution Who are the rightholders? How are the distribution schemes determined? Distribution key Who distributes the collected remunerations Who distributes the collected remunerations to rightholders? How frequently is payment due? How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? Are there any products exempt from levies? products exempt from Are there any exempt? Are refurbished products Are there any developments, negotiations Are there any developments, (e.g., cloud going on about new rates storage)? Distribution process Collection process 92 International Survey on Private Copying Law & Practice 2016 Social andculturalfundsforcollectivepurposes Legal developmentsandcourtcases How cansocialandculturalfundsbeused? and/or culturalfundin2015? What wastheamountallocatedtosocial social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsiblefortheallocation Is thereasocialand/orculturaldeduction? Implementation problems Court cases devices? responsibility orpaymentforcertainmedia/ Are thereliablepartieswhodeny Legal developments Pension Fund.Theremaining60%isopenforapplications. funds arepublic.40%oftheSocialFundisusedtosupportArtisjus who canapplyforasocialgrant.Alldataontheuseofandcultural governing theapplicationforandgrantingoffinancialgrantsalsodefines the frameworkofafoundationsetupbyArtisjus,whichhasdetailedrules to accountforthefinancialsupportgranted.Thesocialfundisusedwithin and decisionsoftheexecutivebodyFund.Supportedauthorshave rules oftheNationalCulturalFundtosupportpurposes,applications The culturalfundsareusedinaccordancewiththelawandinternal from theamountcollectedformusiccomposersandsongwriters. In 2015,thesumof211,093,249Hungarianforintswasallocatedtofund Artisjus providessocialsupport(3%)viaitsfoundation. cultural supportthathastobetransferredtheNationalCulturalFund. and thesocialculturalplandecidedbydelegates’meeting.7%covers The deductionisbasedontheCAprovisiongoverningcollectivemanagement There isasocialand/orculturaldeduction. No practicaldifficulties phones asMP3players,wasvalid(defenseofunfairnessalsorejected). the applicablerateschart,whichconsideredbuilt-inmemoriesofmobile was thatmobilephonesaresubjecttothepaymentofremuneration,and defendant hadtomakethenecessarypayments.Theessenceofdecision with thefinalverdict,partiesenteredintoasettlementunderwhich dismissed alltheargumentsputforwardbydefendant.Inaccordance Artisjus wonthecaseagainstNokiabeforeSupremeCourt,which and therelevantrateschartscannotbequalifiedasunfaircontractualterms. which holdsthatmobilephonesareliableforthepaymentofremuneration, final decisionoftheSupremeCourtagainstonebiggestimporters, Some mobilephoneimporters/manufacturersrefusetopay. We dohavea At presentwearenotawareofanyplannedcopyrightreform. International Survey on Private Copying Law & Practice 2016 93 > 2 TB 4.7 GB 4.7 GB < 1 GB < 32MB > 32 GB Per unit Per unit Per unit Per unit < 9.4 GB < 4.7 GB < 4.7 GB > 200 GB < 250 GB < 300MB < 700MB > 700MB Capacity Capacity 1 TB – 2 TB 1 GB – 2 GB 2 GB – 4 GB 4 GB – 8 GB 8 GB – 16 GB 500 GB – 1 TB 15 GB – 25 GB 25 GB – 50 GB 32MB – 64MB 512MB – 1 GB 16 GB – 32 GB 9.4 GB – 15 GB 4.7 GB – 9.4 GB 50 GB – 100 GB 64MB – 128MB 250 GB – 500 GB 100 GB – 200 GB 128MB – 256MB 256MB – 512MB -- -- 78 75 44 64 64 64 16 75 25 60 16 92 180 187 312 416 520 727 831 883 416 623 183 366 548 1147 1625 2103 2581 4302 1039 1559 1097 2195 2286 Rate (in HUF) Rate valid from January 1, 2015 January 1, 2015 Tariff valid from Tariff Tariff valid January 1, 2013 valid January Tariff Optical Storage Media Optical Storage Media Devices Flash Media Blank Media Hardware, PC, HDD MP3-player DVD double layer disc) Other high capacity optical discs (e.g. Blu-ray External HDD DVD RAM DATA CD-R/RW DATA CD-R/RW DATA Audio CD MiniDisc DVD-R/+R/RW DVD-R/+R/RW Audio cassette CD-R, CD-RW Video cassette Video USB stick, pen drive, external SSD Applicable national rates Applicable 94 International Survey on Private Copying Law & Practice 2016 set-top boxesandsatellitereceivers withintegratedmemory. *e.g. videorecorders withintegratedmemory, DVDrecorders/burners withintegratedmemory, televisions withintegratedmemory, Additional Comments: (and tabletsfrom2014) Storage capacityintegratedintoelectronicdevicesforstoringaudioand/oraudio-visualcontent* Memory card Consumer Electronics Mobile Phones 4788 4256 3724 3192 2128 1596 5985 4654 3325 2660 9351 8312 7273 6234 4156 3117 1870 3180 2993 1496 958 798 532 319 748 468 281 140 ------256MB –512MB 128MB –256MB 160 GB –250 256MB –512MB 128MB –256MB 64MB –128MB 80 GB –160 64MB –128MB 40 GB –80 16 GB –40 512MB –1 GB 40 GB –80 16 GB –40 16 GB –32 512MB –1 GB 8 GB –16 8 GB –16 8 GB –16 4 GB –8 2 GB –4 1 GB –2 4 GB –8 2 GB –4 1 GB –2 4 GB –8 2 GB –4 1 GB –2 > 250 GB > 80 GB < 80 GB > 80 GB < 64MB > 32 GB International Survey on Private Copying Law & Practice 2016 95 309.798 3,199.28 420,800.10 2015 (HUF) 2015 (HUF) 1,392,251.50 2,246,280.41 2,494,574.32 75,564,909.04 122,492,896.46 125,713,616.57 882,529,774.29 338,428,301.45 177,080,265.10 854,202,392.70 915,027,836.15 3,335,139,300.48 6,832,736,397.86 308.600 9,495.62 22,398.19 600,659.04 407,679.12 2014 (HUF) 2014 (HUF) 3,196,364.62 128,524,666.42 175,204,906.55 801,960,258.08 388,790,284.00 639,077,459.45 344,231,659.61 984,633,006.88 4,036,194,286.86 1,122,520,529.41 8,625,373,653.82 0.00 297.009 735,497.74 583,191.02 2013 (HUF) 2013 (HUF) 2,487,535.97 4,312,807.96 146,073,025.69 209,037,452.73 648,925,381.46 311,067,290.24 527,501,809.70 129,382,925.94 1,336,175,433.43 2,466,183,118.80 5,782,465,470.68 Flash Media Blank Media Consumer Electronics Optical storage media Optical storage media 289.228 83,492.02 920,217.06 2012 (HUF) 2012 (HUF) 6,650,256.71 3,223,164.66 13,546,786.99 96,901,901.17 172,281,694.79 313,179,869.47 589,617,391.43 169,641,172.39 615,352,562.00 472,097,680.54 1,182,191,257.22 3,635,687,455.15 Devices Media/Devices Hardware, PC, HDD Exchange rate LCU/€ Audio cassette Video cassette Video Data CD-R/RW Audio CD MiniDisc DVD+/-/R/RW, DVD RAM DVD+/-/R/RW, Other high capacity optical discs (e.g., Blu-ray) USB stick, pen drive, external SSD External HDD MP3 player Memory card Storage capacity built into electronic devices for storing audio and/or audio-visual content Mobile Phones Tablets Total Revenue 96 International Survey on Private Copying Law & Practice 2016 Contact information 15. Collecting society:Collectionanddistribution Legislation andfundamentalfacts Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Web site Name oforganization Currency Country Distribution process private copyingremunerations Administrative costsfordistribution of copying remunerations Administrative costsforcollecting private Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Italy +39 0659903577/2686 Roma 00144 della Letteratura,30 Viale Ida.dilizia@siae.it [email protected] Ida DiLizia Daniela Amodeo http://www.siae.it S.I.A.E. –SocietàItalianadegliAutoriedEditori Euro Italy organizations of rightholders. SIAE distributesbothdirectlytoindividual rightholders(authors)andthrough costs. Theorganizationsofrightholders applytheirownpercentages. This percentageof3.3%coversboth administrativecollectinganddistribution costs incurred.In2015,SIAEkept apercentageof3.3%. According toItalianlaw, SIAE mustdistributetheamountcollectedminus (L. 633/41 –art.71-septies) S.I.A.E. –SocietàItalianadegliAutoriedEditori,ItalianCopyrightLaw The liabilitymomentiswhenthegoodsareputonmarket. Manufacturers andimportershavetopaytheprivatecopylevyon theirsales. and video. Remuneration isleviedonmediaanddevicesthatenablerecording ofaudio neither directlynorindirectlycommercial. person forprivateuse,non-profit-makinguseandpurposesthatare Italian CopyrightLaw(Art.71-sexies)allowsreproductionsmadebyanatural legal. allows privatecopyingofprotectedworksifthesourcesthose are The exceptionappliesonlywhenthesourceislegal:ItalianCopyrightLaw Heritage ofJune20,2014(effectiveJuly7,2014). 2003 (effectiveApril29,2003);DecreeoftheMinisterCultureandNational Copyright Law(L.633/41,Art.71-septies);LegislativeDecreeNo.68ofApril9, International Survey on Private Copying Law & Practice 2016 97 According to Italian Copyright Law (art. 71-octies L. 633/41), SIAE distributes the remunerations to audio and video authors, audio and video producers and audio and video performers directly and through organizations of rightholders. SIAE distributes the collected remuneration semi-annually and directly to authors. Every organization of rightholders (producers and performers) has its own terms. Audio and video authors, audio and video producers and audio and video performers. Distribution schemes are set and determined by law (Art. 71-octies L. 633/41). Distribution scheme for audio: 50% authors; 50% producers and performers (half to be paid to performers) Distribution scheme for video: 30% to the authors 70% in three equal parts to the original producers of audio-visual works, producers of videograms, and performing artists, respectively. Manufacturers and importers must report their sales and pay levies quarterly. Manufacturers and importers must report their Service (Agenzia delle SIAE made an agreement with the Internal Revenue SIAE has to conduct inspections. Entrate) regarding import data. By law, abroad are exempted. Exporters Manufacturers or importers that sell directly a refund. who paid private copy levies in Italy can claim products that are subject to The importer is the person who buys foreign or a foreign company that sells products directly levies and sells them in Italy, to final users (e.g. via e-commerce). The remuneration for private copying is determined in accordance with private copying is determined in accordance The remuneration for of set by decree of the Minister Copyright Law, Article 71(2) of the Italian and Heritage (subject to a three-yearly update) Culture and the National Authors' the Permanent Consultative Committee for issued on the advice of the current Copyright Law). The last decree, which set Right (Article 190 of the rates, was issued in 2014. decree, in the approval procedure of the Among the elements considered behavior in private copying and market there was a poll on consumer taken are liable products. Furthermore, other criteria research on sales of the copies, the difference between licensed and unlicensed into account; e.g., the the harm caused by copying. source of the copy and system and upfront exemptions. For professional use, there is both a refund video game console (until Products sold directly to government services; of 0 - 32 MB; USB stick with a March 2017); memory cards with a capacity car black box. capacity of 0 - 256 MB; memory included in pay Italy for the first time have to Importers who sell refurbished products in the levy is not due if it had already been paid when the However, the levy. item” in Italy. refurbished product was sold as a “brand new A Standing Advisory In 2017, a new decree will be issued to set rates. Committee on copyrights is working on it. Who distributes the collected remuneration to rightholders? Frequency of distribution Which rightholders? How are the distribution schemes determined? Distribution keys How frequently is payment due? How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? Which criteria are used for determining the Which criteria are used levies/remuneration? Are there any consumers or buyers exempt from paying the levies? Are there any products exempt from levies? Are refurbished products exempt? Are there any developments, negotiations on new rates (e.g. cloud storage)? How are levies/remuneration determined? How are levies/remuneration Distribution process Collection process Rate setting 98 International Survey on Private Copying Law & Practice 2016 Social andculturalfundsforcollectivepurposes Applicable nationalrate Legal developmentsandcourtcases USB stick Memory card Blue-Ray/RW DVD Ram/DL DVD-R/RW DVD+R/RW Data CD-R/RW D-VHS Video cassette MiniDisc Audio CD-R/RW Audio cassette social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsiblefortheallocation Is thereasocialand/orculturaldeduction? Court cases Legal developments Blank Media − − − − Art. 71-octiesoftheCopyrightLaw(L.633/41)states: Court (ConsigliodiStato)asregardsprofessionalusesandtherefundsystem. judgment ontheapplicationsfiledbyItaly’s SecondInstanceAdministrative In September2016,theCourtofJusticeEuropeanUnionrenderedits has beeninforcesinceJune20,2014. A decreeoftheMinisterCultureandNationalHeritagethatsetrates − − − − Optical StorageMedia of fundstoartistsandperformers The associationofartistsandperformersisresponsiblefortheallocation of theculturaldeductions(10%); Minister of CultureandNationalHeritageis responsible for the distribution support forartistsandperformers. for studyandresearchactivities,promotion,trainingprofessional 50% ofthevideoremunerationassignedtoperformingartistsisintended activities (newparagraph3,introducedinDecember2015). 10% ofthecollectedremunerationisintendedforculturalpromotion Rate validfrom July 7th,2014 Flash Media 0.10/GB 0.10/GB 0.09/GB 0.09/GB 0.00 0.00 0.20 0.20 0.20 0.20 0.10 0.22 0.10 0.22 0.22 0.23 (€) >256 MBto<4GB >32 MBto<5GB 4 GBandmore 5 GBandmore 0-256 MB Capacity 0-32 MB 700 MB 4.7 GB 4.7 GB 4.7 GB 1 hour 1 hour 1 hour 1 hour 1 hour 25 GB International Survey on Private Copying Law & Practice 2016 99 to 1 GB Capacity up to 80 GB up to 40 GB up to 128MB > 1 GB to 5 GB > 1 GB to 5 GB 1 GB and more > 5 GB to 10 GB > 5 GB to 10 GB 20 GB and more > 10 GB to 20 GB > 20 GB to 40 GB > 40 GB to 80 GB > 512MB to 1 GB > 10 GB to 15 GB > 40 GB to 80 GB 400 GB and more 700 GB and more > 80 GB to 120 GB > 80 GB to 120 GB > 80 GB to 120 GB > 15 GB to < 20 GB > 120 GB to 160 GB > 160 GB to 250 GB > 128MB to 512MB > 120 GB to 160 GB > 160 GB to 250 GB > 250 GB to 400 GB > 120 GB to 160 GB > 160 GB to 250 GB > 250 GB to 400 GB > 400 GB and more > 250 GB to < 400 GB > 400 GB to < 700 GB (€) 3.22 3.86 4.51 5.15 6.44 9.66 0.64 2.21 3.22 5.15 6.44 7.73 9.66 4.51 6.44 7.73 6.44 9.66 12.88 16.10 22.54 28.98 32.20 12.88 10.42 12.88 14.81 12.88 16.10 22.54 28.98 32.20 0.01/GB Canceled every 200 GB Rate valid from July 7, 2014 Rate valid from 14.81 will increase by e1.84 Devices Hardware, PC, HDD External HDD into a multimedia (audio/video) Memory or hard disc built or other multimedia devices Walkman Memory or hard disc built into MP3 music player or other Hi-Fi Memory or hard disc built into MP3 music player devices Multimedia external hard disc with Audio/Video OUT ports for Multimedia external hard disc with Audio/Video set or Hi-Fi device the playback of audio/video content on a TV IN & OUT ports Multimedia external hard disc with Audio/Video for recording and playback of audio/video content on a TV set or Hi-Fi device decoder or TV Memory or hard disc built into a video recorder, set 100 International Survey on Private Copying Law & Practice 2016 *External HDD:maximumlevyapplicableforeachunitis20euros.*External *USB Stick:maximumlevyapplicableforeachunitis9euros. *Memory card: maximumlevyapplicable foreachunitis5euros. TV setwithnointernalHDDandrecordingfunction Memory orharddiscbuiltintosmartphoneandtablet communication (mobilephone) Memory orharddiscbuiltintodevicesprimarilyusedfor Recording deviceswithnobuilt-inmemoryorharddisc Computer withoutbuilt-inburner Computer withbuilt-inburner video content previous categories,forrecordingandplaybackofaudioor Memory orharddiscbuiltintootherdevicesnotincludedin Mobile Phones 5% ofprice 16.10 14.49 11.27 4.00 5.20 4.80 4.00 3.00 0.50 5.20 5.20 8.05 6.44 4.83 3.22 2.58 2.25 1.93 1.61 1.29 0.97 0.64 > 400 GBandmore > 250 GBto400 > 160 GBto250 > 120 GBto160 > 384MBto512MB > 256MBto384MB > 32 GBandmore > 80 GBto120 > 16 GBto32 > 40 GBto80 > 20 GBto40 > 10 GBto20 > 512MBto1 GB > 8 GBto16 > 5 GBto10 > 1 GBto5 up to256MB up to8GB per piece per unit per unit per unit International Survey on Private Copying
Law & Practice 2016 101 9,301 1.000 10,443 52,193 126,847 327,074 312,487 2015 (2) 8,435,149 1,166,868 5,024,548 8,263,005 7,872,322 1,236,704 1,128,266 69,485,340 26,179,738 129,630,285 1.000 16,978 19,121 34,212 51,348 457,777 2014 (2) 1,447,736 6,501,732 6,397,571 4,469,291 2,282,487 1,496,601 77,986,505 27,886,151 11,032,932 210,529.19 15,682,040 8,233 1.000 24,612 49,728 73,616 409,416 375,787 2013 (2) 2,511,780 7,517,916 5,925,234 2,229,195 3,327,293 2,331,500 67,086,699 14,751,707 14,716,563 12,834,119 Devices Flash Media Mobile phones Media/Devices Optical Storage Media Optical Storage Media 1.000 15,003 34,535 65,245 98,628 592,170 368,076 2012 (2) 18,48,990 3,540,019 9,259,014 7,766,264 6,010,678 2,806,217 4,454,814 3,039,825 71,738,387 15,638,909 Blank media TOTAL Mobile phones + smartphones Other video recording equipment Other audio recording equipment MP3-player CD writer and recorder DVD writer and recorder Computer + tablet External HDD USB stick Memory card Blu-ray DVD-R CD-R Video cassette Video Audio cassette Exchange rate LCU/2 Other video recording equipment includes memory/hard disks built into decoders/TV sets, media centers, MP4 players and TV sets with disks built into decoders/TV sets, media centers, MP4 players and TV sets includes memory/hard equipment Other video recording function. recording Revenue 102 International Survey on Private Copying Law & Practice 2016 Contact information 16. Fax Phone City Postcode Address E-mail Contact Person Web site Name oforganization Currency Country Japan +81-3-6205-4702(SARAH) +81-3-6205-4701(SARAH) Tokyo, Japan 100-0013 3F, Kazumigaski3-chomeBldg.,3-6-5,Kasumigaseki,Chiyoda-ku, [email protected] (SARAH) Norio Kobayashi(SARAH) www.sarah.or.jp (SARAH) compensation collectionfollowingthelossofacourtcase(seeQ8). disbandedbyMarchSARVH 31,2015duetotheterminationofvideo (SARAH) Society for theAdministration of Remuneration forAudio Home recording Yen Japan International Survey on Private Copying
Law & Practice 2016 103 Audio: SARAH (Society for the Administration of Remuneration for Audio Home recording). SARVH disbanded by March 31, 2015 due to termination of video compensation collection, following the loss of a court case (see Q8). SARAH is appointed by the government (by the commissioner of the Agency for Cultural affairs) and has no government funding. 20%. Sarah and SARVH are unable to split admin costs into collection costs and distribution costs. Distribution is done by the collecting societies themselves. SARAH distributes compensation to three rightholder organizations and the three organizations, in turn, re-distribute the money received to each individual or corporate member entitled to compensation. SARVH used to follow the same process. “Article 30. (1) It shall be permissible for a user to reproduce by himself a work forming the subject a work be permissible for a user to reproduce by himself “Article 30. (1) It shall “work”) for the purpose of his in this Subsection referred to as a matter of copyright (hereinafter referred to as (hereinafter or other similar uses within a limited circle personal use, family use in the case: “private use”), except machines (“automatic is made by means of automatic reproducing (i) where such reproduction the main and in which all or means a machine having reproducing functions reproducing machine” are automatic) sold for public use; parts of reproducing devices was carried out the copying is made by a person who is aware that (ii) where such reproduction such circumvention eliminates of technological protection measures or that through circumvention means facilitating of acts deterred by such measures (“circumvention” obstruction of the outcomes protection measures or preventing obstruction of the committal of acts prevented by technological either through removal or alteration of signals as the outcomes of acts deterred by such measures, removal or alteration does not include such mentioned in Article 2(1)(xx) (“removal” or “alteration” the conversion of recording or transmission systems) or as is conditional upon technology involved in of broadcasts or wire phonograms, or sounds or images by reversion of such works, performances, a specific conversion required mentioned in that item diffusions as converted in accordance with etc.); the same holder, deliberately made by the copyright (“reversion” does not include any reversion shall apply in Article 120bis (i) and (ii)); aware that such recording is made by a person who is (iii) where a digital audio or video recording (including an which infringes copyright is made upon reception of an interactive transmission an infringement of and which would constitute interactive transmission made outside this country copyright if made in this country); on the type of digital for private purposes (2) Any person who makes audio or video recordings and using the digital recording devices specified recording media specified in the Cabinet Order intended for private use efficiency generally not in the same Order (excluding devices with special recording features and devices with audio or video but for professional use (as in broadcasting), telephones with sound recording function) shall pay a incidental to their primary function (such as copyright owners concerned.” reasonable amount of compensation to the by the government (sarah/SARVH) collect No levies or state funding. Organizations appointed digital recording media and devices, in cooperation compensation charged at the point of sale on with manufacturers/importers. of compensation, while manufacturers and importers are Users/purchasers are liable for the payment requested to cooperate in the collection of compensation at the point of sale. Collecting society or CMO is appointed by: Administrative costs for collecting private copying remunerations Distribution process Copyright law Remuneration system Liable for payment Collecting society: Collection and distribution Legislation and fundamental facts and fundamental Legislation 104 International Survey on Private Copying Law & Practice 2016 Rate setting Distribution process Collection process new rates(e.g.,forcloudstorage)? Are thereanydevelopments,negotiationson Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? determined? How arethedistributionschemes Which rightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremunerations Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? affairs. Noconclusionshavebeenreached. on withintheCultureCouncilSubcommittee,ledbyAgencyforCultural Discussions onreformofthecurrentcompensationsystemhavebeengoing video” arementionedintheCabinetOrder.. determined byCabinetOrder. Onlymedialabelledas“foraudio”or Types ofrecordingmediathataresubjecttothepaymentleviesalso smartphones, areexempted. cabinet order. General-purposedevices,suchaspersonalcomputersor Types ofdevicesthataresubjecttopaymentleviesdeterminedby − − − The followingareexemptfromlevies: handicapped persons. are differentfromCEproducts).Noexemptionforthegovernmentor “Professional use”meansrecordingsessionsatstudios(devices reviewed onaregularbasis. is giventodamages,harmorcopyingbehaviorbecausetheratesarenot Market circumstancesarefactoredintomarketprices.Noconsideration of recordingmediaarechangedduringthereviewprocess. for reviewingrates.Sometimesthecriteriadeterminingmarketprices organizations representingmanufacturers.Basically, thereisnoregularcycle Rates aredeterminedbasedonpastnegotiationsattheinitialstagebetween By negotiationinthepast.Notreviewed onaregularbasis. musical work,performers,producers ofphonogram. Video: producersofcinematographicworks,broadcasters, writers,authorsof phonogram. Audio: authorsofmusicalworks,writers,performers,producers Every half-year. entitled tocompensation.SARVHusedfollowthesameprocess. in turn,re-distributethereceivedfundstoeachindividualorcorporate body SARAH distributescompensationtothreerightholderorganizations which, imports, itispracticallydifficulttocollectleviesfromindividuals. considered tobean“importer”.Although,thelawdoesnotexemptprivate (corporation) whichimportsrecordingmediaordevicessubjecttolevyis There isnodefinitionprovidedintheCopyrightLaw. Normallyanentity payments orrefunds. Consequently, theydonotreportexportedproducts.Therearenoupfront of leviessinceusers(i.e.,primarilyliablepersons)arenotJapanese. Exports arelegallyexempted.Manufacturersnotliableforthepayment there isaremarkablechangeinthereporting. Sometimes theycommunicatewithmanufacturerstorequestvalidreasonsif Basically SARAHandSARVHrelyonthegoodfaithofmanufacturers. Every half-year. − − − personal computers,telephonesandsmartphones. devices usedforrecordingsessionsatstudios;and analog cassettetaperecordersandtapes; International Survey on Private Copying
Law & Practice 2016 105 Performers, Japan Council of Performers’ Rights and Performing Performers, Japan Council Arts Organizations. Recording Industry Association of Producers of Phonograms, Japan. education about the copyright system or awareness-raising on copyright education about the copyright system or awareness-raising law; promotion and dissemination of works; and copyright protection; international cooperation on copyright systems and to digital audio/video study on technical protection measures related recordings. 20% of the compensation received. This rate is set by a Cabinet Order based is set by a Cabinet Order based 20% of the compensation received. This rate on the copyright law. to 20% of the It has been decided that an amount corresponding as contributing to the protection compensation is allocated for such activities of the creation and of copyright and neighboring rights, and promotion on the idea that allocating 20% dissemination of works. This system is based including unidentifiable to such activities is beneficial for all rightholders, distribution. rightholders, and it would serve as indirect or 20% of collection 2015: 15,646,812 Japanese yen (116,169 euros), with the fund described SARAH/SARVH conducts the following activities above (common interests fund). 1. 2. 3. 4. Distribution scheme for audio: Distribution of musical works and literary works, Japanese 36% – copyright holders the Composers and Publishers; including Society for Rights of Authors, Association and Japan Guild of Japan, Japan Writers’ allocation for Writers Guild (1.5% in total) Writers’ 32% 32% Is there a social and/or cultural deduction? Which body is responsible for the allocation Which body is responsible for the allocation of funds to artists, cultural productions or social schemes? What is the amount dedicated to the social and/or cultural fund in 2015? How can social and cultural funds be used? Distribution keys Distribution Social and cultural funds for collective purposes Social and cultural funds for collective 106 International Survey on Private Copying Law & Practice 2016 Legal developmentsandcourtcases The compensationsystemforprivate recordings followingthelossofalawsuit. haspracticallyendedwiththedisbandingofSARVH Video: private recording. Consequently, compensationrevenue isdecliningdramatically. The devices/mediasubjecttocompensationare specifiedbyCabinetOrder, buttheydo not reflect the products actuallybeingusedfor Audio: Applicable nationaltariffs DAT recorder Digital compactcassetterecorder CD recorder MD recorder Court cases devices? responsibility orpaymentforcertainmedia/ Are thereliablepartieswhodeny Legal developments Digital compactcassette DAT CR-R/RW MD Audio Devices Blank Media 2% ofwholesaleprice 2% ofwholesaleprice 2% ofwholesaleprice 2% ofwholesaleprice 3% ofwholesaleprice 3% ofwholesaleprice 3% ofwholesaleprice 3% ofwholesaleprice consensus todateonreformofthecompensationsystem. It wasrecognizedasamatteroflegislation;however, therehasbeenno dismissed SARVH’s appealandpetitionfortheacceptanceoffinalappeal. SARVH lostthecaseinfirstandsecondinstancesSupremeCourt rights holdershasstopped. compensation frommanufacturerssinceJuly2011,andthedistributionto denied cooperationorpayment.Asaconsequence,SARVHhasreceivedno After thetransition,allmanufacturersofrecordingdevicesandmedia then. to digitalwascompletedinJuly2011,butthelawsuithadnotbeensettled by Toshiba, demandingcooperationorcompensation.Thetransitionfromanalog with Toshiba butcouldnotreachanagreement.Therefore,SARVHsued The designatedassociationforvisualprivaterecording(SARVH)negotiated Toshiba’s example. Other manufacturerswhichmanufacturethesamekindofdevicesfollowed such deviceswerenotcoveredbytheprovisionsspecifiedCabinetOrder. in 2009foritsrecordingdevicesuseddigitalbroadcasting,insistingthat in July2011.TheJapanesemanufacturerToshiba deniedcooperationliability Japan decidedtocompletethetransitionfromanalogdigitalbroadcasting Video: reached anagreementwithSARAH. SARAH withlevycalculationstatements.However, allofthemeventually Several manufacturersofaudiorecordingmediahadbeenrefusingtoprovide the compensationrevenueisdecliningdramatically. include theproductsactuallybeingusedforprivaterecording.Consequently, As regardsaudio,thedevices/mediaspecifiedinCabinetOrderdonot Rate (asfromDecember18,2000) Rate (asfromDecember18,2000) Audio 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 2016 107 0 0
12,131 134.246 269,856 6,456,644 6,468,775 15,142,648 75,911,270 91,323,774 97,792,549 97,792,549 2014 (JPY) - 0 0
– 140.561 1,048,907 6,331,240 7,848,889 20,418,632 21,467,539 14,180,129 35,647,668 35,647,668 2014 (JPY) 0 0
– 129.582 176,829 6,158,937 35,707,004 47,922,333 54,081,270 2013 (JPY) 103,629,679 139,513,512 193,594,782 193,594,782 Video Video Audio Audio 0 0 0 – 259 8,483 3,931 -3,104 102.52 11,851 51,461,203 82,634,826 63,951,756 12,284,688 2012 (JPY) 104,917,749 156,379,211 146,598,996 166,912,127 166,920,874 414,006,900 426,291,588 323,300,085 572,890,584 896,190,669 Blank Media Exchange rate LCU/2 MD CR-R/RW DAT Digital compact cassette Total “Audio media” Total Digital Video cassette Digital Video Digital VHS DVD-RAM/R/RW Blu-ray Disc media” “Video Total MD Audio CD-R/RW DAT DCC Total “Audio devices” Total Digital video cassette recorder D-VHS recorder DVD recorder Blu-ray disc recorder devices” “Video Total “Audio” Total Total “Video” Total Total Revenue Total Revenue 108 International Survey on Private Copying Law & Practice 2016 Contact information 17. Collecting society:Collectionanddistribution Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Web site Name oforganization Currency Country Distribution process private copyingremunerations Administrative costsfordistributionof copying remunerations Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Latvia +371 67315620 +371 67506131 Riga LV- 1011 A.Caka Street 97 [email protected] [email protected] Ivars Maculis Anita Sosnovska www.akka-laa.lv AKKA/LAA Euro Latvia the AKKA/LAAauthors‘council distributes tocopyrightownersbasedonthedistributionrulesapproved by AKKA/LAA collectsforallrightholders(copyrightandneighboring rights)and Deducted fromthedistributableamount organizations Deducted fromcopyingremunerations,afterpriorapprovalbyrightholder organizations ofrightholders. The collectingsocietyisresponsiblefordistributiontorightholders through AKKA/LAA, appointedbyrightholders,approvaloftheMinistry ofCulture. Importers/manufacturers. are liableforpayment. Remuneration leviedonmediaandequipment;importersmanufacturers Copyright Law, CabinetRegulationNo.321. International Survey on Private Copying
Law & Practice 2016 109 For music authors, according to the reciprocal representation agreements, 10% deductions for the Cultural and Educational Fund are possible. The Authors’ Council is responsible for allocation. Not deducted For educational and cultural purposes only. AKKA/LAA distributes the collected remuneration yearly to its rightholders AKKA/LAA distributes the collected remuneration rights societies which, (authors) and also distributes the fees to neighboring (performers, phonogram in turn, distribute to their represented rightholders producers and film producers). Annually Authors, performers, phonogram producers and film producers. Distribution schemes for different rightholders (authors, performers, phonogram producers and film producers) are determined and approved by the Ministry of Culture after consultation with the working group of rights owners and importers. Authors – 38.66% Performers – 30.67% Phonogram producers – 24% Film producers – 6.67% Payment is due monthly. business places and AKKA/LAA carries out regular inspections of with police authorities. storehouses. Sometimes AKKA/LAA cooperates a refund. Exports are exempted and exporters receive Latvian territory. All companies that import levied goods into Levies are determined by Copyright Law, Cabinet Regulation No. 321, through Cabinet Regulation No. by Copyright Law, Levies are determined the Ministry all interested parties under the guidance of negotiations between of Culture. No criteria are used entitled to a refund. Professional users are and and mobile phones with mp3 functionality Hard discs, memory cards levied when they are media are not levied. However, all analog devices and are refunded if the products are sold to professional imported but the levies users. Currently no new negotiations. Is there a social and/or cultural deduction? Which body is responsible for allocation of funds to artists, cultural productions or social schemes? What is the amount dedicated to the social and/or cultural fund in 2013 How can social and cultural funds be used? Frequency of distribution Which are the rightholders? How are the distribution schemes determined? Distribution keys Who distributes the collected remuneration Who distributes the collected remuneration to rightholders? How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? How frequently is payment due? Which criteria are used for determining the Which criteria are used levies/remuneration? or buyers exempt Are there any consumers from paying the levies? exempt from levies? Are there any products exempt? Are refurbished products Are there any developments, negotiations on new rates (e.g., on cloud storage)? How are levies/remuneration determined? How are levies/remuneration Social and cultural funds for collective purposes Distribution process Collection process Rate setting 110 International Survey on Private Copying Law & Practice 2016 Applicable Nationalrates Legal developmentsandcourtcases Revenue *Percentage from saleprices. All typesofPCs Total DVD writerinternal/external CD writerinternal/external DVD harddiscrecorder Digital jukebox,MP3players All typesofPCs USB flashdrive DVD-R/RW CD-R/RW MiniDiscs Video cassettes Audio cassettes Implementation problems Legal developments Exchange rateLCU/2 USB flashdrive DVD CD Blank Media Blank Media Devices 124,592.63 30,958.84 13,160.14 70,235.80 57,496.76 31,231.00 2012 (2) Rate validfromNovember1,2013 1,580.81 2,445.16 359.99 299.91 209.62 10.54 1.000 Optical StorageMedia Strong oppositionfromimporters. the levyscheme. Each yearconsultationsinaworkinggroupaboutincludingnewdevicesinto Optical StorageMedia Devices 4%* 6%* 6%* Flash Media 2.85% Tariff 267,480.58 222,942.00 28,418.35 2013 (2) 9,000.49 7,119.74 1.000
0 0 0 437,866.09 383,952.00 31,903.03 10,386.64 11,624.42 2014 (2) 1.000
0 0 0 Capacity Capacity 329,306.15 290,839.65 27,459.13 2015 (2) 5030.58 5976.79 1.000
International Survey on Private Copying
Law & Practice 2016 111 Article 20 of the Lithuanian Law on Copyright and Related Rights. Article 20 of the Lithuanian Law on Copyright Governmental Resolution No. 699 of 13/06/2012, which regulates the collection, distribution, payment and refund system for private copying remuneration. http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=471807 Scope: a natural person, without the authorization of the author or any other reproduce, exclusively for his individual use and for non- copyright owner, to commercial purposes, a copy of work lawfully published or communicated the public in any mode. Remuneration for private copying and levied blank media and devices is set by the Law on Copyright and Related Rights (hereinafter – Law). The first seller of imported or manufactured media and devices on Lithuanian territory is liable for payment. Lithuania Euro Rights Association (AGATA) Lithuanian Neighboring www.agata.lt Agnė Masalskytė Managing Director Linas Ežerinis Senior Specialist of Music License Department [email protected] [email protected] 39 S. Žukausko str. LT-09130 Vilnius +370 5 277 88 99 +370 5 263 94 66 Lithuania Remuneration system Liable for payment Copyright law Currency Name of organization site Web Contact Person 1 Contact Person 2 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Legislation and fundamental facts Contact information 18. 112 International Survey on Private Copying Law & Practice 2016 Collecting society:Collectionanddistribution Rate setting Distribution process private copyingremuneration Administrative costsfordistributionof copying remuneration Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: Are refurbishedproductsexempt? Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? AVAKA rightholders. Distributiontoproducersofaudio-visualworksiscarriedout by phonograms)). Theseassociations,inturn,distributetotheirrepresented NATA (formusicauthors)andAGATA (forperformersandproducersof Remuneration isdeterminedbytwoauthors’associations(LATGA-A and out remunerationtoauthorsandholdersofrelatedrights. The maindistributionofcollectedremunerationispreparedbyAGATA, paying associations. Remuneration isdistributedthroughthecollectiverightsmanagement copyright andrelatedrights. to collectiverightsmanagementassociations,whichrepresentownersof Distribution processAGATA isresponsibleforthedistributionofremuneration aside apercentageforadministrativecostsannually. which makethefurtherdistributiontotheirrepresentedrightholders,set Furthermore, theorgansofeachcollectiverightmanagementassociation, the maindistributionbetweencollectiverightsmanagementassociations. The samesumof56,842eurosappliestothecollectionremunerationand annually. to theirrepresentedrightsholders,setapercentageofadministrativecosts collective rightmanagementassociation,whichmakethefurtherdistribution of copyrightandownersrelatedrights.Furthermore,theorganseach other collectiverightsmanagementassociations,whichrepresentowners also includesthedistributioncostsofprivatecopyingremunerationto Costs incurredbycollectionofremunerationswere56,842euros.Thissum of CultureinaccordancewiththeLaw. Lithuanian NeighboringRightsAssociation(AGATA) appointedbytheMinister There arenorexemptionsforrefurbished products. at thetimeofsale. Solid statedisc(SSD)andhard drives(HDD),whicharebuiltintothe PC purposes; usually usedforservers,dataarrays andsimilarprofessionalengineering Hard discdrives(HDD)withSCSI,iSCSI,SAS,FC,SATA and FATA interfaces, From January1,2016 There arenorexemptionsforrefurbishedproducts. at thetimeofsale. Solid statedisc(SSD)andharddrives(HDD),whicharebuilt intothe PC similar professionalengineeringpurposes;and SAS, FC,SATA, FATA interfaces,usuallyusedforservers,dataarraysand Hard discdrives(HDD),biggerthan2.5-inchSATA drives and withSCSI,iSCSI, (HDD), whicharebiggerthan2.5-inchSATA drives; Internal andexternalnon-builtinsolidstatedisc(SSD)hard drives Media forprofessionalusesarenotincluded: professional usersandthedisabled. remuneration mayberefunded.Thoseentitledtothatprivilegeareexporters, If theleviedmediaordevicesareusedforprofessionalpurposes, copying andthesourceofcopy. The criteriausedarethecopyingbehaviorofconsumers,harmcausedby Levies aredeterminedbylaw. International Survey on Private Copying
Law & Practice 2016 113 The sums for programs relating to creative activities and copyright, and to related rights protection, have to be deducted from the collected remuneration; After these deduction, administrative costs are deducted from the balance AGATA is responsible for the distribution of remuneration to collective rights is responsible for the distribution AGATA owners of copyright and of management associations, which represent to their rightholders, related rights. These associations, in turn, distribute who are authors, performers and the producers of audio-visual works and phonograms. Distribution is yearly and includes remunerations collected up to March 1. Basic The distribution shares of rightholders are indicated in the Law. rules, and how the competent association has to distribute the collected remuneration among the various groups of rightholders, are determined in the Resolution of the Government. According to the Resolution: 1. 2. distributes the remuneration, transferring On the basis of these data AGATA the relevant shares to collective rights management organizations for further distribution and payment to the represented rightholders. Legal liability moment: When the first sale takes place on Lithuanian territory. When the first sale takes place on Lithuanian Legal liability moment: a quarter or once a month. Payment period: Once and direct contact with companies or individuals. Monitoring of the market with payment of remuneration, they make contract If they are liable for the with and pay this levy in accordance (AGATA) the competent association the If the liable party is not compliant, the Resolution of the Government. or e-mail to inform them competent association contacts them by telephone files a formal If this is not effective, AGATA of their duties and legal liability. law firm representing AGATA, claim. The liable party is then reported to a court procedure in which the civil which also files a claim. The final step is a practice). claim is lodged (this has not yet been put into the Government, the competent Furthermore, according to the Resolution of of the reports on levied media association has a right to verify the accuracy the for the first time, and inspect and devices sold in the Republic of Lithuania the liable party at the work place. import, production and sales documents of a refund for the paid levies. Exports are exempted and exporters can claim the EU and third-party (non-EU) The importer is the person who imports from countries. for private copying In Lithuania, liability for the payment of remuneration sale of imported or arises when the first seller executes the first manufactured levied media or devices. Yes, new rates came into force on January 1, 2016; however, they do not apply they 1, 2016; however, into force on January new rates came Yes, to cloud storage. Frequency of distribution Which rightholders? How are the distribution schemes determined? Who distributes the collected remuneration Who distributes the collected remuneration to rightholders? How do you monitor or intervene in the How do you monitor or market? Are exports exempted? Who is considered an importer? How frequently is payment due? How frequently is payment Are there any developments, negotiations on developments, negotiations Are there any storage)? new rates (e.g., for cloud Distribution process Collection process 114 International Survey on Private Copying Law & Practice 2016 Applicable nationalrates Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes USB andnon-builtinmemorycards Blu-ray All typesofCD All typesofDVD MiniDisc Video cassette Audio cassette Distribution keys Legal developments and/or culturalfundin2013? What istheamountdedicatedtosocial Is thereasocialand/orculturaldeduction? Blank Media devices arecalculatedonthebasisofanindependentsurvey). (The audioandvideosharesofremunerationcollectedforleviedmedia 1/3 –Producersofaudio-visualworks 1/3 –Performers 1/3 –Authors Levies forblankvideomediaanddevices: 1/3 –Phonogramproducers 1/3 –Performers 1/3 –Authors Levies forblankaudiomediaanddevices: Consequently, therearenocourtcasesinthisareayet. The newamendmentsoftheLawhavebeeninforcesinceMarch1,2012. the tender, afterwhichinterestedpartiescansubmittheirprojects. Consequently, theMinistryofCultureiscurrentlypreparingconditions is becausetheamendmentsofLawcameintoforceonMarch1,2012. were transferredtotheMinistryofCultureforfirsttimethisyear. This to creativeactivitiesaswellcopyrightandrelatedrightsprotection In 2014,some949,544.10euroswereallocated.Thesumforprogramsrelating are administeredbytheMinistryofCulture). activities aswellcopyrightandrelatedrightsprotection(theseprograms 25% ofcollectedremunerationisassignedtoprogramsrelatingcreative Optical StorageMedia Flash Media 6% offirstsalesprice 6% offirstsalesprice 6% offirstsalesprice 6% offirstsalesprice 6% offirstsalesprice 6% offirstsalesprice Rate validfromMarch December 31,2015 1, 2012to (euros) 2.89 2.02 1.44 0.87 0.58 0.29 0.14 Per unit for >32 GB for 16.1-32 GB for 8.1-16 GB for 4.1-8 GB for 2.1-4 GB for 1-2 GB < 1 GB Per unit Per unit Per unit Per unit Per unit Capacity International Survey on Private Copying
Law & Practice 2016 115 > 1 TB > 1 TB > 1 TB < 1 GB < 1 GB Per unit < 250 GB Capacity for 1-2 GB for 1-2 GB for 2.1-8 GB for 2.1-8 GB for 8.1-32 GB for 8.1-32 GB 500.1 GB-1 TB for 32.1-250 GB for 32.1-250 GB for 250.1-500 GB for 500.1-750 GB for 250.1-500 GB for 500.1-750 GB for 250.1-500 GB for 750.1 GB-1 TB for 750.1 GB-1 TB 0.43 1.01 1.44 4.34 5.79 7.24 8.69 5.79 7.24 8.69 4.34 0.43 1.01 1.44 2.31 2.89 4.34 5.79 10.14 11.58 10.14 11.58 March 1, 2012 Rate valid from Rate valid from Mobile Phones Consumer electronics Devices Mobile phones with a memory device and audio and video recording Mobile phones with a memory device and audio Set-top box with a memory device and audio and video recording capability Set-top box with a memory device and audio TV with a memory device and audio and video recording capability; TV with a memory device and audio and video Digital and analog audio and video player with a memory device and audio and video player with a memory device and Digital and analog audio VCRs, CDs, DVDs, HD-DVD and video recording capability: audio cassettes, centers, car radio, radio set, drive, Blu-ray players, home theatre, musical and other players; MP3-players, MP4-players, HD media players External and internal non-integrated SSD, HDD External and internal non-integrated PC 116 International Survey on Private Copying Law & Practice 2016 review ofthatlisteverytwoyears.Aftersuchreview, itwillbepossibletoassessthechangesinrevenue. to 250,748.89in2011).Theexpandedlistofleviedmediaanddevicesis validforalittleoveroneyear. ThenewLawprovides fora remuneration significantlyincreased (forexamplethe remuneration (afteralldeductions)for2012was21,448,197.89,compared the revenue decreased annually. Whenthelistofleviedmediaanddeviceswasexpanded(from March 1,2012)thecollected When theremuneration forprivatecopyingwascollectedonlyfrom CD,DVD,videocassette,audioBlu-rayandMiniDisc, Additional Comments: Gaming consoles Tablets capability Mobile phoneswithamemorydeviceandaudiovideorecording Set-top boxwithamemorydeviceandaudiovideorecordingcapability; TV withamemorydeviceandaudiovideorecordingcapability; MP3 players,MP4HDmediaplayersandotherplayers; drive, Blu-rayplayers,hometheatre,musicalcenters,carradio,radioset, and videorecordingcapability:audiocassettes,VCRs,CDs,DVDs,HD-DVD Digital andanalogaudiovideoplayerwithamemorydevice Personal computers,laptops,hybridcomputers External andinternalnon-builtinSSD,HDD USB andnon-builtinmemorycards Blu-ray All typesofCD All typesofDVD Blank Media Flash Media Devices 6% offirstsalesprice 6% offirstsalesprice 6% offirstsalesprice January 1,2016(euros) Rate validfrom 11.58 10.14 4.34 4.34 8.69 7.24 5.79 4.34 2.89 1.44 1.01 0.43 5.79 4.34 2.89 2.31 1.44 2.89 2.02 1.44 0.87 0.58 0.29 0.14 for >256GB for 128.1-256GB for 64.1-128GB for 32.1-64GB for 16.1-32GB for 8.1-16GB < 8GB Per unit Per unit Per unit for 1000.1TB-3TB for 512.1-768GB for 256.1-512GB for 16.1-256GB for 768.1-1TB for 512.1-1TB for 8.1-16GB for 4.1-8GB for 2.1-4GB 1,001-3 TB < 512GB Capacity Per unit Per unit Per unit < 2GB > 3TB > 3TB International Survey on Private Copying
Law & Practice 2016 117 7.32 1.000 28.02 836.62 220.55 2015 (€) 17,942.79 11,818.29 54,942.99 269,46.61 11,765.53 230,997.11 110,021.29 210, 737.72 1,159,093.46 1,289,082.42 3,124,440.72
1.37 1.000 19.14 405.12 1,222.03 2014 (€) 19,971.96 15,404.54 35,074.10 20,959.22 210,493.92 201,493.92 122,729.05 953,211.42 1,227,517.67 2.808.503,46
1.000 60.44 10.34 346.29 2,555.46 2013 (€) 23,922.65 20,016.52 21,311.54 27,253.12 225,551.21 203,102.67 133,718.25 786,494.03 1,197,863.17 2.642.205,69
1.000 30.90 146.77 279.06 3,401.60 2012 (€) 25,788.60 29,604.38 10,804.03 87,839.95 38,931.74 176,249.12 163,989.19 883,309.64 552,531.13 1.972.906,11 Devices Blank Media Exchange rate LCU/2 Audio cassette Video cassette Video MiniDisc CD DVD Blu-ray USB Non-built in memory cards SSD HDD PC Digital and analog audio and video player with a memory Digital and analog audio and video player with audio device and audio and video recording capability: Blu-ray players, cassettes, VCRs, CDs, DVDs, HD-DVD drive, set, MP3 home theatre, musical centers, car radio, radio other players players, MP4 players, HD media players and Set-top box with a memory device and audio and video Set-top box with a memory device and audio recording capability Mobile Phones TOTAL Note: The amounts (net of debts) shown in the table are inclusive of collection and/or distribution costs. In Lithuania, the collected table are Note: The amounts (net of debts) shown in the 1, 2012, after deduction of 25% for programs March costs (and from is distributed, after deduction of administrative remuneration rights protection). as well as copyright and related activities to creative relating or (b) collection/distribution costs. to the Ministry of Culture; Note. These numbers do not include: (a) the 25% transferred Revenue 118 International Survey on Private Copying Law & Practice 2016 Contact information 19. Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Web site Name oforganization Currency Country Liable forpayment Remuneration system Copyright law Netherlands +31 (0)23-8700210 +31 (0)23-7997019 Hoofddorp 2130 KB P.O. Box3060 [email protected] [email protected] Wouter Klomp Hester Wijminga www.thuiskopie.nl Stichting deThuiskopie Euro The Netherlands or retailersiftheycannotshowtheoriginalimporter. for payment.Thelawprovidesextendedliabilityresellers, wholesalers Importers andmanufacturersofrecordingmediaand/orequipment areliable Levy system. reproduction. for personalexercise,studyorusebythenaturalpersonwhomade any directorindirectcommercialmotivationandisintendedexclusively scientific orartisticworkprovidedthatthereproductioniscarriedout without shall notberegardedasaninfringementofthecopyrightinaliterary, Art. 16coftheCopyrightAct:Reproductionworkoranypartthereof Royal decreeofOctober28,2014. Copyright Act,lastamendedin2015. International Survey on Private Copying
Law & Practice 2016 119 Stichting de Thuiskopie distributes on a quarterly basis to organizations of Stichting de Thuiskopie distributes on a quarterly basis to organizations of rightholders. Thuiskopie does not distribute to individual rightholders. de The distribution scheme is set by rightholders within the board of Stichting Thuiskopie. Quarterly. Authors, producers, performing artists. Schemes are set by the Board of Thuiskopie, on which all rightholders are represented. Usually rightholders initiate negotiations and advise the board on the schemes. Based upon the law, the obligation to pay arises directly upon import or Based upon the law, when the product is manufactured and ready to be put onto the market. In a contractual situation, contractors can report within 15 days after the end of the month in which the product was sold in the Dutch market. An enforcement officer does regular checks on the market and an anonymous reporting system is in place. Contractors are being audited by Thuiskopie. Yes The first commercial seller on the Dutch market is to be considered the Foreign sellers can be considered importers if they deliver directly importer. to consumers in a cross-border situation (Opus case) Stichting de Thuiskopie is appointed by the Minister of Justice by royal is appointed by the Minister of Justice by Stichting de Thuiskopie decree. collecting remunerations are 5.5%. Administrative costs for 15%. organizations of rightholders may not exceed Costs for distribution by is responsible for the collection and distribution Stichting de Thuiskopie to all rightholders. The private copying of private copying remuneration by Thuiskopie to organizations of rightholders. remunerations are distributed which rightholders and the The law appoints a negotiating body (SONT)in the level of the rates. An industry are equally represented to negotiate of Justice. If parties independent chairman is appointed by the Minister decides. Rates set by SONT are cannot come to an agreement, the chairman who makes the final Secretary, considered to have been advised by the State determination of rates by royal decree. Other is commissioned yearly. A market survey on consumer copying behavior in the other EU Member States, criteria are: the private copying contribution acceptability by the public and the relation to the sales price of the product, for industry. the wish to avoid major administrative costs upfront through agreements with All professional users are exempted, either professional suppliers or via a refund scheme. are not used for private copying Products that according to market research are exempted. Frequency of distribution Which rightholders? How are the distribution schemes determined? Who distributes the collected remunerations to rightholders? How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? How frequently is payment due? How are levies/remuneration determined? Administrative costs for collecting private Administrative costs for copying remunerations distribution of Administrative costs for private copying remunerations Distribution process Which criteria are used for determining the levies/remuneration? Are there any consumers or buyers exempt from paying the levies? Are there any products exempt from levies Collecting society or CMO is appointed by: Collecting society or CMO Distribution process Collection process Rate setting Collecting society: Collection and distribution society: Collection Collecting 120 International Survey on Private Copying Law & Practice 2016 Social andculturalfundsforcollectivepurposes Distribution keys Is thereasocialand/orculturaldeduction? the partieshaveagreedotherwise. whose servicethoseworkswerecreatedisconsideredtobetheauthorunless consists ofcreatingcertainliterary, scientificorartisticworks,thepersonin Act, whichreads:Wherelaboriscarriedoutintheserviceofanother to bedeterminedforpublishersbasedonArticle7oftheDutchCopyright *As regardstheschemesforwrittenworksandvisualworks,ashareisyet Pictoright andpublishers Distribution schemeforvisualworks: LIRAandpublishers Distribution schemeforwrittenworks: 34.74% –producers-SekamvideoSCGO7.20% 26.25% –performingartists-Norma(video) Vevam 31.58%). 31.81% authors–Stemra(distributionStemra-part:31.89%,Lira36.53%, Distribution schemeforvideo: 30% –producers;STAP 30% –performingartists-NORMA 40% authors–Stemra(distributionStemra-part:92.5%,Lira7.5%). Distribution schemeforaudio: the supervisoryboardinstitutedbylaw. The distributionschemesaresetbyrightholdersandhavetobeapproved Visual works–7.72% Written works–10.25% Audio-visual –47.66% Audio –34.37% First therevenuesaresplit:Thesplitfor2015and2016is: cannot exceed15%. The percentageisdeterminedbyrightholders,butitstatedinthelaw that it and/or culturalpurposes. remunerations toindividualrightsownerscanmakeadeductionforsocial However, therightholders’organizationsthatdistributeprivatecopying (social and/orcultural)purposes. There iscurrentlynodeductionbyStichtingdeThuiskopieforcollective
International Survey on Private Copying
Law & Practice 2016 121 As a result of the ruling of the Dutch Court of Appeal on March 27, 2012 in of the Dutch Court of Appeal on March 27, As a result of the ruling the Dutch rights organization, NORMA, against the case of Dutch performing devices that had to be expanded to include media and State, the levies scheme private for copying. In the years before this ruling, consumers currently use DVD-R. were restricted to blank CD-R and copying levies in the Netherlands following the CJEU in its Opus decision, that it isThe Court of Appeal held, in its that implements a private copying exception up to the Member State of that the rightholders actually receive payment national law to guarantee the State harm sustained. For the years 2007- 2012, fair compensation for the concluded a settlement with Thuiskopie for and paid 33.5 eurosdamages million in 2015. Union in the case of ACI- In April 2014, the Court of Justice of the European source does not fall withinThuiskopie ruled that downloading from an illegal In the Netherlands, it is permittedthe scope of the Private Copying Regulation. for private use. The aim of theto make a copy of a copyright-protected work of protected works for privateremuneration is to compensate the creators government had always takencopies made by consumers. In the past the Dutch a consumer was also within thethe view that copying from illegal sources by making available of works withoutscope of the private copying exception. The illegal.the consent of rightholders has always been by the State Secretary for JusticeOn January 1, 2015, a new decree was issued upside, a levy on e-readers waslowering private copying levies by 30%. On the (both upfront and refund) wasintroduced. The professional use exemption extended to all media and devices. mobile phones etc., some After the introduction of levies on hardware, started legal proceedings, importers and manufacturers of these devices reasons. After the ACI claiming that the levies are too high for various some companies only paid 50% judgment, these proceedings intensified and now in appeal. of the remunerations. These court cases are After the CJEU Padawan decision, several companies in The Netherlands (as existed until January argued that the Dutch system of mutualization and suspended their 1, 2013) was inconsistent with Directive 2001/29/EC payments to Thuiskopie. Thuiskopie started legal proceedings against Imation Europe, a large importer of blank CDs and DVDs. that In 2013 the District Court of The Hague, in an interlocutory judgment, held the system of mutualization was in conflict with Padawan, because it involved the indiscriminate application of levies in respect to blank CDs and DVDs the Court judged that Imation intended for professional use. Consequently, only had to pay private copying levies for the blank media that are directly or indirectly delivered to consumers, and not for blank media delivered to professional users. In 2015, the Court of Appeal of The Hague held that Imation was not entitled to a refund for levies that it had paid for blank media delivered to professional users, because Imation had included the levies in the sales price and thus, as explained by according to the Court of Appeal, it would be against EU law, Only the professional end user the CJEU in Copydan, to refund the importer. would be able to get a refund. Are there liable parties who deny responsibility or payment for certain media/ devices? Court cases Legal developments Legal developments and court cases and court Legal developments 122 International Survey on Private Copying Law & Practice 2016 Applicable nationalrates DVD-R/RW CD-R/RW Smartphone/phone withmp3function E-reader Set-top box/Harddiscrecorder Audio/Video (mp3)player External harddiscdrive Tablet PC/Laptop Hardware, PC,HDD Blank Media Devices Rate validfromJanuary2015 Rate validfromJanuary2015 Optical StorageMedia Consumer Electronics Mobile Phones (euros) (euros) 3.50 0.70 3.50 1.40 0.70 3.50 3.50 0.02 0.02 Capacity Capacity Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit International Survey on Private Copying
Law & Practice 2016 123 1.000 2015 (2) 431,227,01 523,710,90 300,057,80 168,141,40 4,838,984,50 4,969,021,00 1,810,400,00 15,178,198,00 28.219.740,61 0 1.000 859,000 785,000 644,000 2014 (2) 5,890,000 8,194,000 2,640,000 16,803,000 69,295,000* 0 1.000 829,000 473,000 2013 (2) 2,445,000 4,451,000 8,039,000 1,110,000 13,483,000 30,831,000 Devices Blank Media Mobile Phones Hardware, PC, HDD Consumer Electronics 1.000 122,000 2012 (2) 5,253,000 5,375,000 PC/laptop Analog video/ video CD-R/DVD-R Exchange rate LCU/2 Tablet External hard disc drive Audio/Video (mp3) player Audio/Video Set-top box/hard disc recorder E-reader Smartphone/phone mp3 function Total Revenue *Including the 233.5m settlement for 2007-2012. 124 International Survey on Private Copying Law & Practice 2016 Contact information 20. Rate setting Collecting society:Collectionanddistribution Legislation andfundamentalfacts Phone City Postcode Address E-mail Contact Person Web site Name oforganization Currency Country levies/remuneration? Which criteriaareusedfordetermining the How arelevies/remunerationdetermined? Distribution process private copyingremuneration Administrative costsfordistributionof Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Norway (+47) 23316800 Oslo 0179 Møllergata 8 [email protected] Simen HalsanØien www.norwaco.no NORWACO NOK –Norskekroner Norway Criteria usedare:copyingbehavior ofconsumers,thesourcecopy, etc. yearly statisticalanalysisofprivate copying. The rateissetunilaterallyinthe national budgeteachyear. We alsoprovidea distribution isdeterminedthroughnegotiationsamongourmembers. split, with1/3forauthors,performersandproducers. Further The governmentdefinesthecriteriafordistribution,suchasathree-way A deductionismadetocovertheadministrativecostsofdistribution. the compensation. Norwegian GovernmenttorepresentrightholdersinNorwayand to distribute groups ofrightholdersinNorway. We arealsoapprovedandappointedbythe Norwaco isownedbyour35memberorganizations,whichrepresentdifferent national budget. The remunerationisfundedbytheNorwegianGovernment,asanitemon State-funded scheme wasfirstintroducedinNorway2005. for theprivatecopyingofpubliclydisseminatedworks.Thiscompensation 5(2)(b) oftheCopyrightDirective,anobligationtocompensaterightsholders Section 12oftheNorwegianCopyrightActestablishes,inlinewithArticle International Survey on Private Copying
Law & Practice 2016 125 7.475 46,215,000 2016 (NOK) 8.944 45,354,000 2015 (NOK) 8.361 45,357,000 2014 (NOK) 7.800 43,823,000 2013 (NOK) No The compensation was reduced for 2015. This is in contrast to the documented increase in private copying. For 2016, the compensation was but adjusted in accordance with the consumer price index (CPI) in Norway, without taking into account the significant increase in overall private copying. The issue of “fair compensation” is not defined anywhere. The compensation copying. This should be addressed considering the full scale of private is low, by the appropriate authorities. Annually, through the state budget. through Annually, on which copying behavior establish patterns based Annual surveys of private are made. final distribution decisions and member organizations do the remuneration once a year, pay out We there are different organizations which represent the the same. In Norway, organizations in total, which different rights holders’ groups. There are 35 They are also responsible for represent approximately 65,000 rights holders. non-members. Annually in accordance with the Every rightholders’ group will receive compensation, guidelines of the Norwegian Government. e.g., a three-way The Government defines the criteria for distribution; and 1/3 for producers. Further split with 1/3 for authors, 1/3 for performers between our members. distribution is determined through negotiations information from an Subject to internal negotiation, based on background annual survey. No. 7.475 42,423,000 2012 (NOK) Total Exchange rate LCU/2 Legal developments Implementation problems Is there a social and/or cultural deduction? Who distributes the collected remuneration Who distributes the collected remuneration to rightholders? How do you monitor or intervene in the How do you monitor or market? Frequency of distribution Which rightholders? How are the distribution schemes determined? Distribution keys How frequently is payment due? How frequently is payment Are there any developments, negotiations on developments, negotiations Are there any storage)? new rates (e.g., for cloud Revenue Legal developments and court cases Social and cultural funds for collective purposes Social and cultural funds for collective Distribution process Collection process 126 International Survey on Private Copying Law & Practice 2016 Contact information 21. Collecting society:Collectionanddistribution Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Web site Name oforganization Currency Country Distribution process private copyingremuneration Administrative costsfordistributionof copying remuneration Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Paraguay +595 21–233788 +595 21–233787 Asuncion 1438 Av. España2221 [email protected] [email protected] Fabian Arguello Maria ElenaOjeda www.sgp.com.py SGP, SociedaddeGestiónProductores FonográficosdelParaguay PYG -Guarní Paraguay equal partsforauthors,producersandperformers. promotion ofintellectualpropertyrights.Thebalanceissharedinto three The collectingsocietydelivers20%(afterexpenses)totheState for the no morethan14.8%. Cost islimitedupto15%.Itvariableandchangesmonthly. Generally, itis than 14.8%. Cost isunlimited.Itvariableandchangesmonthly. Generally, it isnomore rightholders. states thatthesocietyofperformersiscollectingagency. Appointed by AIE-Paraguay, byagreementofthethreeentities; regulatorydecree Importers andmanufacturersareliableforpayment. Levy system:Accordingtotheprovisionsofregulatorydecree. of privatecopyaccordingtolaw, Art.34. Law No.1.328/98oncopyrightsandneighboringrights,Art.34to37;definition International Survey on Private Copying
Law & Practice 2016 127 The Society of Authors and the Society of Artists are subject to a social and/ or cultural deduction. Producers are not. The maximum rate is 10% according to Law No. 1.328/98. The Board of Artists 10% of the collection Payment of medical consultations and assistance towards the cost of medical testes, prescription glasses, prosthetic aids and hospitalization. The Society of Artists distributes monthly to the Societies of Authors and of the Societies of Authors and The Society of Artists distributes monthly to Producers, which, in turn, distribute the funds to their members (authors, artists and producers of phonograms). According to the decree, only producers of musical works, musical performances and phonographic productions are compensated. Each society decides how to distribute. The societies of artists and of producers distributed according to airplay. Each of the three entities determines the distribution scheme. For the time being, 100% is generally allocated to audio. The mechanism is established in the decree. No one in the country can import The mechanism is established in the decree. decree only obliges importers the devices and players without payment. The The importer is the person and domestic manufacturers to pay compensation. the country. or company that brings the merchandise into Payment must be made prior to release. It is not necessary. No. brings the merchandise into the The importer is the person or company that country. Law No. 1328/98 provides that the State shall regulate the right. Accordingly, that the State shall regulate the right. Accordingly, Law No. 1328/98 provides 2015 Oct. 12, in Regulatory Decree No. 4212 of the rates have been determined into account the harm caused by copying. believe that the authorities take We the higher the rate. the copy, The larger the size of exempted. Professional users are apply from payment of the above compensation Article 350 - Exemptions works, to be used by producers of audio-visual to: equipment and materials (based on or by their respective licensees and phonograms and publishers, working sync sound or sounds and images) companies compulsory studies of or reproduction of those on behalf of any of them, for legitimate production exclusively for these activities. works, provided that such equipment is used No. Which body is responsible for allocation of funds to artists, cultural productions or social schemes? What is the amount dedicated to the social and/or cultural fund? How can social and cultural funds be used? Is there a social and/or cultural deduction? Which rightholders? How are the distribution schemes determined? Who distributes the collected remuneration Who distributes the collected remuneration to rightholders? How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? How frequently is payment due? Which criteria are used for determining the Which criteria are used levies/remuneration? or buyers exempt Are there any consumers from paying the levies? exempt from levies? Are there any products exempt? Are refurbished products Are there any developments, negotiations on new rates (e.g., for cloud storage)? How are levies/remuneration determined? How are levies/remuneration Social and cultural funds for collective purposes Distribution process Collection process Rate setting 128 International Survey on Private Copying Law & Practice 2016 Applicable nationalrates Legal developmentsandcourtcases Note: We haveonlythetotalamount collected,andnotamountspertypeofdevice. Revenue Collected Note: GrossAmount Portable mp3/mp4player Memory cards CD-R/DVD-R recorders CD-R, DVD-R,DVD+R Media players Video recordingdevices Audio recordingdevices Laptop/PC Smartphone Hard discdrives devices? responsibility orpaymentforcertainmedia/ Are thereliablepartieswhodeny Legal developments Exchange rateLCU/2 5,307,233,220 2012 (PYG) 5685.409 the market. The paymentismadeatcustomsbeforethemerchandiseintroducedinto Unfortunately, theclaimsprospered. There wereclaimsofunconstitutionalityagainsttheRegulatoryDecree. 5,296,782,629 2013 (PYG) 5736.734 0.5% oftheimportpriceforallproducts/devices 0.5% oftheimportpriceforallproducts/devices 0.5% oftheimportpriceforallproducts/devices 0.5% oftheimportpriceforallproducts/devices 0.5% oftheimportpriceforallproducts/devices 0.5% oftheimportpriceforallproducts/devices 0.5% oftheimportpriceforallproducts/devices 0.5% oftheimportpriceforallproducts/devices 0.5% oftheimportpriceforallproducts/devices 0.5% oftheimportpriceforallproducts/devices 4,734,557,199 2014 (PYG) 5920.140 5,196,049,079 2015 (PYG) 5772.593 International Survey on Private Copying
Law & Practice 2016 129 Poland Polish zloty (PLN) of ZAIKS, SAWP, śników (head office no ds. czystych ZPAV ZAIKS, SAWP, Biuro of blank media) ZPAV www.czystenosniki.pl www.zaiks.org.pl ZAIKS Grzegorz Burakiewicz czystych nośników ds. ZPAV ZAIKS, SAWP, Biuro [email protected] [email protected] 2 Stowarzyszenie Autorów ZAIKS ul. Hipoteczna 00-092 Warsaw +48 (22) 827 606169 It shall be permitted to use free of charge and for private purposes, without the permission of the It shall be permitted to use free of charge and for private purposes, without the permission work that has already been disseminated. (…) author, of people having The scope of private use shall include use of single copies of works by a circle affinity or social relationship. personal relationships, and in particular any consanguinity, tape recorders, video recorders and other similar devices; all or part of a photocopiers, scanners and other similar reprographic devices used to make copies of published work; rights, with the devices blank media used for recording, for private use, of works or objects of related management organizations listed in subparagraphs 1 and 2 – shall be obliged to pay to the collective producers of phonograms specified in paragraph 5, which act on behalf of artists, artistic performers, of such devices and and videograms, and publishers, fees of no more than 3% of the sales amount carriers. Copyright Law and Law on Neighboring Rights of February 4, 1994 (Journal of Law No 24, item 83 with of February 4, 1994 (Journal of Copyright Law and Law on Neighboring Rights 15, 2008, which further amendments). Regulations of the Minister of Culture of June 2, 2003 and December for recording amend the regulation on the specification of the categories of devices and media used works, and on their sales levies imposed on producers and importers. use: Article 23 of the Polish Law on Copyright regulates the scope of the private Article 23. 1. 2. Remuneration is collected through levies on media and equipment. Article 20 of the Polish Law on Copyright regulates the remuneration system: Article 20.1. Producers and importers of: 1. 2. 3. Poland Remuneration system Copyright law Currency Name of organization site Web Contact Person 1 Contact Person 2 E-mail 1 E-mail 2 Address Postcode City Phone Country Legislation and fundamental facts Contact information 22. 130 International Survey on Private Copying Law & Practice 2016 Collecting society:Collectionanddistribution Collection process Rate setting private copyingremuneration Administrative costsfordistributionof copying remuneration Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: payment Liable for Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? new rates(e.g.,forcloudstorage)? Are thereanydevelopments,negotiationson Are refurbishedproductsexempt? Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? Producers andimportersofrecordingmediaequipmentareliableforpayment. the amountcollectedin2013,and8.88%of2014. The administrativecostsforcollectingprivatecopyinglevieswere6.18%of collect levies. Collective ManagementOrganizations(ZAIKS,SAWP, ZPAV) appointedto Costs forcollectingprivatecopyingremunerationsaredirectlyborneby videograms Związek ProducentówAudio-Video ZPAV –producersphonogramsand Muzycznych SAWP –performingartists Stowarzyszenie ArtystówWykonawców UtworówMuzycznychiSłowno- Stowarzyszenie AutorówZAIKS–creators deliveries fromnon-EUcountries. Import coversdeliveriesofgoods withintheEuropeanCommunityaswell as origin intothedomesticmarketwithin thescopeofitsbusinessactivity. 449(5)(2CC), animporterisanyentity thatintroducesaproductofforeign The definitionofanimporterisspecified intheCivilCode.UnderArticle Export refundproceduresarenotimplementedinPolishlegalregulations. claim levies. not compliant,thecollectingsocietiesareobligedtotakelegalaction to settlements madebytheenterprisespayinglevies.Ifliableparties are collection ofleviesrecruitanexternalexperttochecktheaccuracy ofthe Three collectingsocietiesappointedbytheMinisterofCulturefor the place. levies withintwoweeksoftheendeachquarterwhereinsales took Producers andimportersofdevicesblankmediashallbeobliged topay organizations inthisfield. No developmentsornegotiations,despitetheconclusionsreachedby As of2014,refurbishedproductsweresubjecttolevies. MP4 players,anddeviceswithfunctionality. Laptops, PCs,smartphones,mobilephoneswithMP3functionality, tablets, the purchaseronly. Levies canbecollectedondevicesandmediadestinedfortheprivateuseof they areusedforthepurposesofprivatecopying. of devices/mediabyproducersandimportersistheirintendeduse–whether The basiccriterioninthePolishsystemforcollectionofleviesonsales for reproductionofworks. the devicesandmediatoreproduceworks,theirintendeduse,otherthan categories ofdevicesandmediaaswellthefees,basedoncapacity The MinisterofCultureandNationalHeritagedefines,byregulation,the of devicesandmediaalsotheratelevypaidforthem. The MinisterofCultureandNationalHeritagedeterminesbyregulationthelist International Survey on Private Copying
Law & Practice 2016 131 In the Polish two-tier distribution system (the first being statutory distribution In the Polish two-tier distribution system (the first being statutory distribution between two sectors; and the second being distribution by societies representing various categories of rightholders) possible deductions for social or cultural purposes are applied by societies responsible for distribution to their members. The deductions are not determined by the State law; they are made in accordance with the statutes of the relevant society. The collective management organizations responsible for levies’ distribution distribution organizations responsible for levies’ The collective management video in the ZPAV ZASP, and SFP, in the audio sector; ZPAV are: ZAIKS, SAWP, sector. by all is determined by the agreements concluded Frequency of distribution (e.g., rights owners of the relevant categories organizations representing creators). of rightholders: There are three categories producers of phonograms and videograms creators, performing artists, Law on are determined by the Copyright Law and The distribution schemes by the regulation of the Minister Neighboring Rights of February 4, 1994, and of Culture and National Heritage. on Neighboring Rights Article 20(2) of the Copyright Law and the Law categories of rights owners, determines the distribution of levies for various video sectors. and the percentage shares of the audio and Distribution scheme for audio: Authors: 50% Performers: 25% Phonogram Producers: 25%. for distribution of levies are: In this sector the organizations responsible and ZPAV. ZAIKS, SAWP Distribution scheme for video: Authors: 35% Performers: 25% producers: 40%. Video for distribution of levies are: SFP, In this sector the organizations responsible ZASP and ZPAV. Other distribution schemes: for distribution of levies Collective management organizations responsible in the video ZPAV ZASP, in the audio sector; and SFP, ZPAV (ZAIKS, SAWP, concluded by all sector) divide levies on the basis of the agreements organizations representing rights owners after taking into account survey organizations, indicates the relation commissioned by the results. The survey, between the products levied and the category in which distribution takes place. Is there a social and/or cultural deduction? Frequency of distribution Which rightholders? schemes How are the distribution determined? Distribution keys Who distributes the collected remuneration Who distributes the collected to rightholders? Social and cultural funds for collective purposes Distribution process Distribution 132 International Survey on Private Copying Law & Practice 2016 Legal developmentsandcourtcases The ratescurrently inforce havebeeneffective andunchangedsinceJanuary1,2009. Applicable nationalrates Computer CDrecorder including audiooraudio-visual can beusedtorecordworksorsubjects underneighboringrights, Other computerharddiscsincluded intheremainingdeviceswhich Computer harddiscSTANDARD MD playerwithrecordingfunctionality CD playerwithaMDrecordingfunctionality Radio withCDplayerrecordingfunctionFlash Radio withCDplayerrecordingfunctionality Radio withMDplayerrecordingfunctionality Radio-cassette recorder functionality Radio-cassette recorderhavingaCDplayerwithrecording Radio-cassette recorderwithCDplayer Stacking hi-fiwithharddisc/Flash functionality Stacking hi-fiwithtaperecorderandDVDplayerrecording Stacking hi-fiwithDVD/CDplayerFlashrecordingfunctionality functionality Stacking hi-fiwithtaperecorderandCDplayerrecording Stacking hi-fiwithtaperecorderandDVDplayer Stacking hi-fiwithtaperecorderandCDplayer storage devices) Memory card(includingpendriveandothersemiconductingmassive Audio cassette MD record(MiniDisc) DAT Cassette CD-RW 12cm CD-R 12cm MP3 (singlefunction) Implementation problems Device orcarrier The foregoingcircumstanceshaveaneffectonthetotalamountcollected. inclusion ofsuchorganizationswithinthevalue-addedtax(VAT) system. levies inPolandistheambiguouspositionoftaxauthoritiesregarding the Another crucialproblemfortheorganizationscollectingprivatecopying has turnedintoanactivecampaignagainstprivatecopyinglevies. and importersinitiatedactionagainsttheseproposedamendments,which Minister. However, inresponse,theorganizationsrepresentingmanufacturers media anddevices.Theseamendmentshavenotyetbeenconsideredbythe Culture andNationalHeritageproposedamendmentson,interalia,thelistof In 2014,thecollectivemanagementorganizationssubmittedtoMinister of deducted fromthesalesprice of theequipmentormedia Percentage ofthefee 1.54 % 1.71 % 0.94 % 0.05 % 0.54 % 0.98 % 0.96 % 0.69 % 0.74 % 0.19 % 1.04 % 0.17 % 0.70 % 0.76 % 0.76 % 0.47 % 2.89 % 1.72 % 1.0 % 1.0 % 3.0 % 3.0 % 3.0 % 3.0 % Per unit Capacity International Survey on Private Copying
Law & Practice 2016 133 4.181 Capacity 425,375.45 2015 (PLN) 6,140,658,26 6,566,033.71 Per unit 4.185 650,145.60 2014 (PLN) 3.0 % 3.0 % 3.00% 5,759,420.19 6,409,565.79 2.28 % 2.03 % 1.14 % 1.08 % 0.30 % 2.53 % 2.95 % 2.10 % 2.10 % 2.10 % 2.44 % 1.89 % 2.14 % 2.35 % 1.46 % 0.27 % 2.23 % 2.23 % 1.86 % 1.21 % 1.85 % 0.87 % 0.51 % 0.51 % 0.35 % 0.87 % The percentage of the fee The percentage of the of the equipment or carrier deducted from the sales price deducted from the sales 4.196 549,006.28 2013 (PLN) 8,340,133.12 8,889,139.40 4.184 2012 (PLN) 5,669,701.68 1,204,315.40 6,874,017.08 Device or carrier Media/Devices Exchange Rate LCU/€ Tape recorder Tape player with MP3 format Multifunctional multimedia a CD player with recording functionality Car stereo set comprising a CD player capable of recording on other Car stereo set comprising media Computer DVD recorder Computer DVD DVD-R 12 cm DVD-RW 12cm DVD RAM 12 cm Blu-ray R 12 cm Blu-ray RE 12 cm. HD DVD-R 12 cm HD DVD-RW 12 cm VHS cassette VHS/D cassette HD DVD or Blu-ray computer recorder recorder Video player with recording function Video DVD player with recording function via USB DVD player capable of recording on other media disc DVD player with recording function and hard DVD and VHS player with recording function DVD and VHS professional player with recording function and hard disc High Definition player with recording function High Definition player with recording function and hard disc digital TV decoder stream (including Disc memory which registers AV with hard disc) TV set comprising video recorder TV set comprising hard disc TV set comprising DVD recorder TV set comprising DVD recorder and hard disc Total Audio Total Total Video Total revenue Total Revenue 134 International Survey on Private Copying Law & Practice 2016 Contact information 23. Collecting society:Collectionanddistribution Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 1 Web site Name oforganization Currency Country Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Portugal +351 218486607 +351 218486605 Lisboa 1700-178 Av. EstadosUnidosdaAmérica,94,7.ºB [email protected] www.agecop.pt AGECOP –AssociaçãoparaaGestãodaCópiaPrivada Euro Portugal producers. represent authors,artistsandperformers,publishersmusic video 1998. OurmembersareallthecollectingsocietiesthatexistinPortugal and AGECOP: TheincorporationofAGECOPwasmandatoryandoccurred in Importers, manufacturers,tradersandothersareliableforpayment. application ofVAT). made fromphotocopies(3%ofthesalespricephotocopies,before the compensations thatbenefitsreprographicrightholdersincludes collections when thefirstsaleofproducttakesplaceonPortugueseterritory. RAsfor all importersandmanufacturersofsuchitemsareobligedtocollectthelevy 2.3, items(k),(l)and(p),inthetableonequitablecompensationLaw), in theLaw)aswellgraphicrightsholders(No.1andapercentageofNo. audio-visual rightsholders(no.2inthetableonequitablecompensation of Concerning leviesonequipmentandblankmedia,whichbenefitmusic both audio-visualandreprographicworks Private copyingremunerationsarecollectedandmanagedbyAGECOP, for subject toprivatecopyinglevies. It amendsthepreviousprivatecopyingLawbyextendinglistofdevices June 5,2015andenteredintoforceonJuly2015. The newPortugueseLawonPrivateCopy(No.49/2015)waspublished International Survey on Private Copying
Law & Practice 2016 135 the activity is intended for audio-visual communication or the production for audio-visual communication or the production the activity is intended exclusively for their own productions; of phonograms and videograms to support disabled people; the activity is intended to safeguard movable cultural heritage; the activity is intended of to be used exclusively within the context the media are intended designers, professional activities (for instance, by photographers, architects, engineers, etc.) for medical purposes, the devices and media are intended to be used security or scientific defense missions, judicial purposes, homeland research. The collection and disbursement of the levy amounts is the responsibility of amounts is the responsibility The collection and disbursement of the levy on Portuguese soil. These levy the manufacturers and importers established into a bank account opened in amounts shall be deposited every three months the name of the managing entity (AGECOP). data on exports and Importers and manufacturers also have to report has to be reported to AGECOP exemptions for professional uses. All the data Activities, an entity under and to the General Inspectorate of Cultural and private entities that sell the Ministry of Culture. Furthermore, public of works made each year. photocopies have to report the number of copies and manufacturers covered AGECOP can audit the accounts of all importers It can also audit public and private entities that have signed by this Law. contracts to pay the remuneration added to the sales price of photocopies. All administrative and police authorities are competent to supervise the compliance with the regulations governing private copying. obtain a refund for exports, importers and manufacturers must present the To services when applying for a VAT same documents that are submitted to VAT refund. The legislator determines the levies. The legislator determines to Article 4 of Law No. 49/2015. according Yes, payment public or private, may be exempt from the Natural or legal persons, of the compensation if: a. b. c. d. e. No, not at the moment. Only collecting societies are eligible for membership of AGECOP, so they Only collecting societies are eligible for membership of AGECOP, distribute remuneration to rightholders. Only collecting societies are Distribution schemes are defined in the Law. so they distribute remuneration to eligible for membership of AGECOP, from the legal standpoint, has two Departments, namely: rightholders. AGECOP, the Graphic and Reprographic Copy Department and the Phonographic and Copy Department Videographic How are the distribution schemes determined? Who distributes the collected remuneration to rightholders? How frequently is payment due? How do you monitor or intervene in the market? Are exports exempted? How are levies/remuneration determined? How are levies/remuneration Are there any consumers or buyers exempt Are there any consumers from paying the levies? Are there any developments, negotiations on new rates (e.g., for cloud storage)? Distribution process Collection process Rate setting 136 International Survey on Private Copying Law & Practice 2016 Social andculturalfundsforcollectivepurposes Applicable nationalrates (k) USBflashdrive (j) Blu-raydisc (i) DVD-RAM (h) DVD-RW (g) DVD-R (f) CD-RW (e) MiniDisc (d) 8inchCD (c) CD-R (b) Analogmediaforvideorecording,suchascassettes/tapes (a) Analogmediaforaudiorecording,suchascassettes/tapes Blu-ray recorder CD andDVDrecorder DVD-recorder CD-recorder How cansocialandculturalfundsbeused? Is thereasocialand/orculturaldeduction? Distribution keys Video recorders Audio recorders More than40pagesperminute Up to40pagesperminute (b) Multifunctionalequipmentorlaserphotocopiers: (a) Multifunctionalequipmentorink-jetphotocopiers (e) Laserprinters (d) Ink-jetprinters (c) Scannersandotherequipmentmeantonlyfordigitization Blank Media/devices(accordingtotheTable onEquitableCompensation) 2.2 –Digitaldeviceswithoutmemoryorharddrive 2.3 –Mediaandstoragedevices 2.1 –Analogdevices 1 –Devices,equipmentandtechnicalinstrumentsforcopying 50% forcollectingsocietiesrepresentingpublishers. 50% forcollectingsocietiesrepresentingauthors;and Remunerations totheGraphicandReprographicCopyDepartment– 30% forcollectingsocietiesrepresentingmusicandvideoproducers. 30% forcollectingsocietiesrepresentingartistsandperformers; 40% forcollectingsocietiesrepresentingauthors; Remunerations forthePhonographicandVideographic CopyDepartment– AGECOP distributesasfollows: 2 –Devices,gadgetsandmedia investigation andpublicawarenessoncopyrightneighboringrights. The amountsdeductedareinvestedinthepromotionofculturalactivities, of thetotalamountcollectedforcollectivepurposes. There isaculturaldeduction.Thelawestablishesanobligationtodeduct20% Rate asofJuly Rate (euros) Rate (euros) 2015 (euros) 0.016 0.20 0.20 0.20 0.10 0.10 0.05 0.05 0.05 0.10 0.10 0.20 0.20 7.5 2.5 20 10 3 3 2 1 5 2
Per GBlimit27.50 Capacity Capacity Capacity 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
International Survey on Private Copying
Law & Practice 2016 137 1.000 2015 (2) 608,858.95 2,714,579.32 3,323,438.27 Per GB limit 215 Per GB limit 215 Per GB limit 215 Per GB limit 215 Per GB limit 215 Per GB limit 215 Per GB limit 27.50 Per GB limit Per GB limit 27.50 Per GB limit 27.50 0.20 0.12 0.12 1.000 0.016 0.016 0.016 0.016 0.004 0.004 7,887.88 2014 (2) 680,209.01 688,096.89 1.000 2013 (2) 12,964.23 880,490.12 893,454.35 1.000 2012 (2) 36,779.10 1,215,863.00 1,179,083.90 1) photocopies Blank media/devices/ In 2012, 2013 and 2014, the revenue of the Graphic and Reprographic Copy Department came exclusively from collections by all collections Copy Department came exclusively from of the Graphic and Reprographic In 2012, 2013 and 2014, the revenue and had signed contracts with AGECOP (3% of the sales price of photocopies, public and private entities that sell photocopies, the application of VAT). before Memory/HD in television and devices with interface broadcasting signal and and devices with interface broadcasting Memory/HD in television decoders, etc. TV including set-top box, for audio/ drive used on a computer or other device External or internal hard video recording Memory/HD built into devices that record, read and store phonograms, any devices that record, read and store phonograms, Memory/HD built into format (Mp3) musical work in compressed Total Phonographic and Videographic Phonographic and Videographic Copy Department (s) Memory/HD built into mobile phones (t) Memory/HD built into multimedia tablet devices the equitable compensation fees presented in the shall be liable to only one of 3 – The devices, appliances or media devices being applicable. sub-paragraphs above, with the highest rate Exchange rate LCU/2 (m) Memory/HD built into devices with copying functionality (m) Memory/HD built into with audio/video IN/OUT (n) External hard drive (o) HD built into computers (p) Memory devices and (q) (r) Graphic and Reprographic Copy Department (l) Memory card (l) Memory (1) Revenue 138 International Survey on Private Copying Law & Practice 2016 Contact information 24. Collecting society:Collectionanddistribution Legislation andfundamentalfacts Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Web site Name oforganization Currency Country Distribution process copying remuneration Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Russia +7 4959885089 Moscow 127055 Blvd. 73/1.Novoslobodskaya [email protected] [email protected] Andrey Krichevskiy Erik Valdes-Martines www.rp-union.ru Russian UnionofRight-holders Ruble Russian Federation RUR distributesremunerationdirectly torightholders. current rateis15%. remunerations aredeterminedbylaw. Deductionscanbeupto15%. The Administrative costsforcollectionanddistributionofprivatecopying of Culture,pursuanttotheCivilCode,RURisamonopolyorganization. private copyingremunerationstoallrightsowners.Appointedby theMinistry Russian territorythatisresponsibleforthecollectionanddistribution of The RussianUnionofRightholders(RUR)isthesoleorganization within liable forpayment. Importers andlocalmanufacturersontheterritoryofRussianFederation are The levysystemisestablishedbytheRussianGovernment. media usedforreproduction/playback. funds collectedfrommanufacturersandimportersofdevicesstorage Such afeeiscompensatoryinnatureandpayabletorightholdersfromthe sound recordingsandaudio-visualworksexclusivelyforpersonalpurposes. works areentitledtoreceiveafeeforfreereproduction/playbackofthe Authors, performersandmanufacturersofsoundrecordingsaudio-visual Article 1245oftheCivilCode. International Survey on Private Copying
Law & Practice 2016 139 Authors of musical and audio-visual works; Performers (singers and actors); and Manufacturers of sound recordings or audio-visual works. 40% to authors of musical works; 30% to performers of musical works; and 30% to manufacturers of musical works. 40% to authors of audio-visual works; 30% to performers of audio-visual works; and 30% to manufacturers of audio-visual works. It is the legal obligation of RUR. According to the RUR statute, the remuneration is distributed no less than once a year (frequency of payment is fixed by the organs of RUR). 1. 2. 3. is According to the Civil Code, distribution is based on statistical data. Data allocated from relevant collecting societies on physical media sales, digital sales, etc. Distribution scheme for audio: 1. 2. 3. Distribution scheme for video: 1. 2. 3. The terms of payments by the liable parties depend on the frequency of The terms of payments by the liable parties Federation. importation into the territory of the Russian the agreement states otherwise. unless Payment is due once a quarter, and/or takes other legal RUR sues the liable parties who are not compliant actions. that paid levies if they confirm Exporters have the right to claim a refund for of the Russian Federation. the equipment has not been used on the territory the importer is the person responsible for declaring According to the law, comprises Russia, Belorussia imported goods to the Customs Union, which joined as new members. and Kazakhstan. In 2016, Kirgizstan and Armenia Levies/remuneration are determined by the Russian Government. determined by the Russian Government. Levies/remuneration are of the levies/remuneration are: (1) copying behavior Criteria for determining 3) copying for personal purposes. consumers; (2) reproduction/playback; not count as private copying in Russian. Professional Professional use does This does not affect the rate. equipment is not levied. exempts in Russian (see Art.1245 of the Civil Code) The current legislation of exported products and professional from levies the manufacturers is for private use. The number of such manufacturers equipment not intended limited by law. to pay except for the companies There are no specific groups that do not have Products made for importing and producing professional equipment. of the private copying system. professional use do not fall within the scope No. It is not an issue so far…. Who distributes the collected remuneration to rightholders? Frequency of distribution Which rightholders? How are the distribution schemes determined? Distribution keys How frequently is payment due? How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? Which criteria are used for determining the Which criteria are used levies/remuneration? or buyers exempt Are there any consumers from paying the levies? Are there any products exempt from levies? Are refurbished products exempt? Are there any developments, negotiations on new rates (e.g., for cloud storage)? How are levies/remuneration determined? How are levies/remuneration Distribution process Collection process Rate setting 140 International Survey on Private Copying Law & Practice 2016 Social andculturalfundsforcollectivepurposes total collectioncanbeprovided. RUR doesnotsplittheallocatedcompensationbetween typesofequipment.Onlythefinalfigures ofthe Revenue 4. 3. 2. 1. The listcontainsequipmentandstoragemediawiththefollowingfeatures: The listofequipmentandstoragemediaisdeterminedbytheGovernment. The feeis1%oftheproduction priceperunitofequipmentandstoragemedia. Applicable nationalrates Legal developmentsandcourtcases How cansocialandculturalfundsbeused? and/or culturalfundin2013? What istheamountdedicatedtosocial social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsibleforallocation Is thereasocialand/orculturaldeduction? Exchange RateLCU/€ Court cases devices? responsibility orpaymentforcertainmedia/ Are thereliablepartieswhodeny Legal developments Total collections Semi-conductor media. Optical media. MMagnetic tapesandmagneticdiscs. combined ornotwithvideo-tuneronmagnetictape,DVDplayers.etc.). using magnetic,opticalorsemi-conductormedia;andvideo-recording orvideo-reproducing equipment sound-reproducing equipment(includingcassetteplayers)havingasound-recording functionand conductor media(centralmemoryunits,unitsondiscs,magnetictapesandothermedia; Equipment havingasound-recording orvideo-recording functionandusingmagnetic,opticalorsemi- 1,172,902,000.00 2012 (RUB) 39.625 with Russianheritageetc. musical festivals,cinemaproduction,supporttoyoungrightholdersandwork Social andculturalfundsareusedforsocialpurposes,suchas 2014 –533,080,530.00rubles 2013 –680,793,132.00rubles transferred totherelevantFundsforfurtheraction. implemented bythemanagementoforganization.Alldeductionsare The CouncilofRURtakesthedecisionwhichmustsubsequentlybe be approvedbytherightholders(Art.1243(4)ofCivilCode). Deduction forsocialandculturalpurposesisestablishedbylawshould should notexceed20%ofthetotalcollection. RUR isobligedtodeductanamountforsocialandculturalpurposesthat We havesomebuttheyarenotsignificant. biggest users. For thetimebeingwehavemanagedtocomeanunderstandingwith None. 3,400,968,660.95 2013 (RUB) 42.271 2,675,402,652.50 2014 (RUB) 50.918 2,184,731,176.45 2015 (RUB) 67.584 International Survey on Private Copying
Law & Practice 2016 141 SOZA. Appointed by rightholders – SOZA; OZIS; LITA; SLOVGRAM – collective SOZA. Appointed by rightholders – SOZA; OZIS; LITA; management organizations representing different rightholders (by general representation agreement between the societies). Copyright Act No. 185/2015 Coll. Definition of private copy system: According to Article 42 of Copyright Act No. 185/2015 Coll., copyright is not infringed when a natural person makes a copy of a work for private purpose which is neither directly nor indirectly commercial. According to Article 36(2) of Copyright Act No. 185/2015 Coll., such use of the work gives rise to an obligation to pay remuneration to the author in accordance with the basis of its calculation and in the amount prescribed in Annex No. 2 of Copyright Act No. 185/2015 Coll. Remuneration levied on media and equipment (devices). According to Article 36(3)(a) of Copyright Act No. 185/2015 Coll., remuneration for a blank media usually used for copying musical works or technical devices used for reproduction of phonograms or audio-visual recordings shall be paid by manufacturers, recipients from a Member State, importers from a third country or persons who make them available for sale, including internet sale, for the first time on the market in the Slovak Republic. Slovak Republic Euro 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 Slovak Republic Slovak Collecting society or CMO is appointed by: Remuneration system Liable for payment Copyright law Currency Name of organization site Web Contact Person 1 Contact Person 2 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Collecting society: Collection and distribution Legislation and fundamental facts Contact information 25. 142 International Survey on Private Copying Law & Practice 2016 Rate setting Distribution process Collection process new rates(e.g.,forcloudstorage)? Are thereanydevelopments,negotiationson Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt How arelevies/remunerationdetermined? Distribution process private copyingremuneration Administrative costsfordistributionof copying remunerations Administrative costsforcollectingprivate Distribution keys determined? How arethedistributionschemes Which rightholders? Frequency ofdistribution remuneration torightholders? Who distributesthecollected Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? 39.4% –SLOVGRAM(performers andproducersofphonograms) 9.6% –OZIS(performers) 24.48% –SOZA(musicalworkswriters,composersandpublishers) and visualarts) 26.52% –LITA (literary, dramatic,audio-visual, choreographicandphotographicworks societies (i.e.,therightholders). Distribution schemesareagreedonbetweenrespectivecollective management SLOVGRAM (performersandproducersofphonograms) OZIS (performers) SOZA (musicalworks–writers,composersandpublishers) arts) LITA (literary, dramatic,audio-visual,choreographic,photographicworksandvisual Annually rightholders associatedwitheachorganization(society)onayearlybasis. Each ofthefourabove-mentionedcollectivesocietiesdistributesto tablets fromthelistofleviedcommodities. IT businessislobbyingfortheremovalofSMARTTV, mobilephonesand of theimporterorrecipient. The remunerationisnotpaidforleviedobjectsintendedthepersonaluse of theimporterorrecipient. The remunerationisnotpaidforleviedobjectsintendedthepersonaluse The criteriausedareundisclosedbythelawmaker. Levies aresetdirectlybytheSlovakCopyrightAct(AnnexNo.2ofAct). distribution torightholders. above-mentioned fourcollectivesocieties,whichareinturnresponsiblefor The collectingsocietyisresponsiblefordistributionofremunerationtothe remunerations represent10%ofthecollectedamount. Joint administrativecostsforcollectinganddistributingprivatecopying remunerations represent10%ofthecollectedamount. Joint administrativecostsforcollectinganddistributingprivatecopying on theSlovakmarketareconsideredimporters. country orotherpersonswhoplacemediadevicesonsaleforthefirsttime Producers; recipientsfromaMemberState;andimportersthird Exports areexempted. especially thecustomsoffice. Market controliscarriedoutbyexchangingdatawithseveralStateorgans, Payment isduequarterly. International Survey on Private Copying
Law & Practice 2016 143 3% 3% 3% 3% 3% 3% 3% 3% 3% 1% 6% 6% 6% 6% 6% 6% 6% 6% 6% 6% VAT VAT levy levy 0.35% 0.85% 0.85% 0.70% 0.60% Private copying Private copying price, excluding price, excluding % of import/sales % of import/sales There are no social or cultural deductions from private copying remuneration. There are no social or 2016 in 185/2015 Coll. is effective from January 1, New Copyright Act No. Slovakia. manufacturers. Yes, Blank Media Technical Devices Technical Burning device for external optical carriers Burning device for internal optical carriers – not built into PC Camera Desktop computer (PC) Notebook MiniDisc recorder Minisystem or microsystem capable of recording via USB port or otherwise MP3 and MP4 players Mobile phone or otherwise Multimedia recorder or player capable of recording with internal hard disc, via a USB port Radio-cassette with recording capacity device or Set-top box with capable of creating or storing a copy of the work to other separate technical media or otherwise Smart TV with a built-in hard disc or capable of recording via a USB port Tablet camera Video Audiotape (CC, MC) Flash disc (USB, UFS, MS, MSD etc.) Hard disc drive – external (HDD, SSD etc.) (HDD, SSD, etc.) Hard disc drive – internal - non-built in in PC MMC etc.) Memory card (SD, mini SD, micro SD, PCMCIA, MiniDisc (MD, HI-MD) CD, CD-RW etc.) Optical carrier (Blu-ray disc, DVD, DVD-RW, Hi-8, Digital 8, Mini DV etc.) (VHS, HDV, Videotape Other type of blank audio media Other type of blank audio-visual media Are there liable parties who deny Are there liable parties for certain media/ responsibility or payment devices? Legal developments Is there a social and/or cultural deduction? Is there a social and/or Applicable national rates Legal developments and court cases Legal developments Social and cultural funds for collective purposes cultural funds for Social and 144 International Survey on Private Copying Law & Practice 2016 Revenue All ratesare listedinAnnexNo.2totheCopyrightAct185/2015Coll. Additional Comments:We haveonly three accountingcategories–audio(media),video(media)anddevices. Exchange rateLCU/2 Other typeoftechnicalaudio-visualrecordingdevice Other typeoftechnicalaudiorecordingdevice Voice recorder Video gameconsole Audio revenues(media) Video revenues(media) TOTAL REVENUE: Total ‘devices’ Devices revenues 433,088.00 236,470.00 120,557.00 76,061.00 2012 (e) 1.000 409,898.86 217,626.58 155,878.23 36,394.05 2013 (e) 1.000 700,702.41 408,581.00 210,619.01 81,502.40 2014 (e) 1.000 1,442,193,42 1,224,317.67 204,436.81 13,438.94 2015 (e) 1.000 3% 3% 3% 3% International Survey on Private Copying
Law & Practice 2016 145 Slovenia Euro IPF www.ipf.si Viljem Marjan Hribar Miha Šinkovec [email protected] [email protected] Šmartinska cesta 152/VI 1000 Ljubljana +38615272930 +38615272931 “Copyright and Related Rights Act” & “Decree on the amounts of compensation for reproduction “Copyright and Related Rights Act” & “Decree for private or other internal use” for audio “Article 37: Right to remuneration: (1) The author has a right to equitable remuneration use, under or video recording, and for photocopying of his work, done for private or other internal to the preceding Article 50 of this Act. (2) Remuneration on audio or video recordings, pursuant or video paragraph shall be paid: (a) upon first sale or importation of new appliances for audio recording media.” recording; and (b) upon first sale or importation of new blank audio or video the reproduction of a “Article 50: Private and other internal reproduction: (1) Subject to Article 37, that the conditions published work shall be free, if made in no more than three copies and provided works: (a) on of paragraphs 2 or 3 are fulfilled. (2) A natural person shall be free to reproduce similar paper or any similar medium through a photographic technique or other process having copies are not available effects; and (b) on any other medium if this is done for private use, if the (3) to the public, and if the reproduction is not intended for direct or indirect economic advantage. scientific establishments Publicly accessible archives and libraries, museums and educational or for internal use, provided shall be free to reproduce, on any medium, works from their own copies that this is not done for direct or indirect economic advantage.” to remuneration for the “Article 123: The right to remuneration: The performer shall have the right this Act.” reproduction for private or other internal use, pursuant to Article 37 (2) of the right to “Article 123: The right to remuneration: The producer of phonograms shall have (2) of this remuneration for the reproduction for private or other internal use, pursuant to Article 37 Act.” Levies. Importer or retailer (first sale). Slovenia Remuneration system Liable for payment Copyright law Currency Name of organization site Web Contact Person 1 Contact Person 2 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Legislation and fundamental facts Contact information 26. 146 International Survey on Private Copying Law & Practice 2016 Collecting society:Collectionanddistribution Social andculturalfundsforcollectivepurposes Distribution process Collection process Rate setting Collecting societyorCMOisappointedby: Is thereasocialand/orculturaldeduction? Distribution keys determined? How arethedistributionschemes Which rightholders Who isconsideredanimporter? How frequentlyispaymentdue? Are refurbishedproductsexempt? Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? result, thesituationinSloveniaisatastandstill. SIPO didnotwanttotakeanydecisionsregardingbothapplications.Asa (SAZAS) hasappliedforthesamelicenseviaoneoftheirsatellites(Zapis). intellectual propertyoffice(SIPO).Afteronemonth,theremainingCMO have sentajoinedapplicationforcollectinglicensetotheSlovenian 4 outof5CMOscoveringmorethan80%rightholdersforprivatecopying license, issuedfor2008and2009. rightholders andIPOasaresultofthisdelay. PriortothatIPFhadatemporary tape leviessincetheendof2009.ThereisanongoingdisputebetweenCMOs, Intellectual PropertyOffice.However, nolicensehasbeenissuedforblank The licensesforcollectivemanagementareissuedbytheSlovenian No 40:30:30 authors,performersandproducersrespectively. By law Authors, performers,producers The personimportingintoSloveniafromanyforeignmarket. on aquarterlybasis. Depending onanagreement.In2008and2009,itwasagreedtoissueinvoices No. benefit. an educationalorganizationfromitsowncopyandnotintendedformaterial made byanindividualforprivateusage;or(b)alibrary, museum,or Three typesofcopiesareexemptfromremunerationprovidedtheyare:(a) Copying behavior Unilaterally bythegovernment International Survey on Private Copying
Law & Practice 2016 147 0 2015 (2) 0.096 0.192 Euros 0.1335 4.1729 8.3459 6.2594 0.8346 0.5008 3.7556 0.0334 with a cap at 16.6917 0 2014 (2) 0 2013 (2) 0 I. Equipment 2012 (2) II. Individual data media Media designed exclusively for the reproduction of audio and/or visual works Media designed exclusively for the reproduction every started 90 minutes Audio CD, video DVD, MiniDisc or similar for designed exclusively for the reproduction of audio Device with built-in memory, and/or visual works devices with up to 2 GB memory devices over 2 GB memory Media, not exclusively designed for reproduction of audio and/or visual works Media, not exclusively designed for reproduction for card, mobile phone or similar Data CD, data DVD, computer hard disc, memory every started 1 GB capacity (i) (ii) up to 180 minutes over 180 minutes Device not exclusively designed for such reproduction Computer CD unit, computer DVD unit or similar Device designed exclusively for such reproduction Device designed exclusively MiniDisc writer or similar writer, DVD CD writer, Video recording device: Video recorder or similar Video Audio recording device: Cassette recorder or similar b. Digital media a. b. Analog media (audio cassette, video cassette, tape or similar): Analog media (audio cassette, video cassette, a. b. Digital reproduction of audio and/or video or written works: Digital reproduction of a. b. Analog reproduction of audio and/or visual works Analog reproduction of a. 2. 1. 2. 1. Revenue Revenue Applicable national rates Applicable 148 International Survey on Private Copying Law & Practice 2016 Contact information 27. Collecting society:Collectionanddistribution Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Web site Name oforganization Population Currency Country Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Sweden +46 (0)86678811 +46 (0)854566700 Stockholm 112 47 Alströmergatan 12.7tr [email protected] [email protected] Egil Ekbom Liselott Silwer www.copyswede.se Copyswede 9,300,000 SEK Sweden radio corporationsandwithorganizations offilmandphonogramproducers). performers, aswellCopyswede havepartnershipagreementswithTVand remuneration. (Thememberorganizations representingSwedishauthorsand tasked byitsmemberorganizations andco-operativepartnerstocollectthe in thefieldconcernedisentitled tocollecttheremuneration.Copyswedeis a substantialnumberofSwedishauthorsandholdersneighboring rights According toArticle26moftheCopyrightAct,anorganizationrepresenting remuneration. Copyswede isresponsibleforthecollectionanddistributionof responsibilities fromtheimportersandmanufacturers. Retailers haveanoptiontoregisteratCopyswedeandthustakeover the Importers andmanufacturersareliableforthereportingpayment. Levy system (m) oftheCopyrightRightAct. provisions oftheprivatecopyingremunerationareregulatedinSection26(k) provision doesnotconferarighttomakecopiesfromanillegalsource.The to makeoneorafewcopiesofpublishedworksforprivatepurposes.The According toArticle12oftheCopyrightAct(1960:729),anybodyisentitled International Survey on Private Copying
Law & Practice 2016 149 Collected remunerations are distributed by Copyswede, STIM, SAMI/IFPI, film producers and broadcasting organizations on a yearly basis. Once every year Authors, performers and producers. Once a month and has the right to audit Copyswede performs regular market control the regulated in agreements with importers and retailers. The right to audit is importers. Yes. in the course of his According to Article 26(k). “When a businessman, into this country”. professional activities, manufactures or imports The levies are fixed in the law. In practice, the rates are set through In practice, the rates are set through the law. The levies are fixed in claims directed to the importers. negotiations and in compensation the levies (in practice, this have The law contains certain criteria for reducing industry). One cited example been achieved through negotiations with the of compensation for private is if the authors have received some other form other than private use. copying or if the products are intended for purposes use sales for professional The law provides an explicit exception regarding persons. and sales to organizations for functionally disabled recycled products are exempted. Yes, No. The cost of collecting private copying remunerations was 10.2 % in 2015. 10.2 % in 2015. remunerations was collecting private copying The cost of in 2014. private copying remunerations was 4.6% The cost of distributing to directly for the distribution to rightholders, both Copyswede is responsible or through organizations of rightholders. individual rightholders Who distributes the collected remuneration to rightholders? Frequency of distribution Which rightholders? How frequently is payment due? How do you monitor or intervene in the market Are exports exempted? Who is considered an importer? How are levies/remuneration determined? How are levies/remuneration Which criteria are used for determining the levies/remuneration? Are there any consumers or buyers exempt from paying the levies? Are there any products exempt from levies? Are refurbished products exempt? Are there any developments, negotiations on new rates (e.g., for cloud storage)? Administrative costs for collecting private costs for collecting Administrative copying remunerations Administrative costs for distribution of Administrative costs for private copying remuneration Distribution process Distribution process Collection process Rate setting 150 International Survey on Private Copying Law & Practice 2016 Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution keys determined? How arethedistributionschemes Court cases Legal developments Is thereasocialand/orculturaldeduction? 67% –IFPIandCopyswede’s MemberOrganizations 33% –Video andfilmproducers levy relatingtovideocopying,netoftheshareaccruedUBOS. was signed,allocating20%ofthetotalsharecollectedprivatecopying In 2008,anagreementwithrepresentativesfromtheUScopyrightholders 5.33% –UnionofBroadcastingOrganizations(UBOS). Distribution schemeforvideo: 33.3% –IFPI 33.3 %–SAMI 33.3 %–STIM 5.33% –UnionofBroadcastingOrganizations(UBOS) Distribution schemeforaudio: rightholders. Bothpartiesthensetthedistributionschemes. negotiations takeplacebetweenCopyswedeandtheorganizationsof of thecopyingsurveys.FollowingadistributionproposalfromCopyswede, out annualcopyingsurveys.Revenueisdistributedbasedontheresults Accordingly, Copyswedecommissionsmarketresearchcompaniestocarry The revenueforeachproductisdividedbetweenaudioandvideocopying. were USBsticks). and foundthatthisproductwascoveredbythecompensationsystem (as (mentioned under2013),duringwhichanArbitrationBoardreviewed thelaw products despitetheirparticipationintheso-calledUMAproceedings discs. Thecompaniesinquestionrefusedtopaytheremuneration onthe In December2014Copyswedesuedtwoimportersofexternalhard drive tablets. Acourtdecisionisexpectedintheautumnof2015. In July2014,Copyswedesuedacompanyforitsimportsofcomputers and been filedagainstthejudgmentsbeforeSupremeCourt(2015). in boththefirst(2014)andsecondinstanceforitsclaims(2015).Anappeal has Copyswede hassuedtwoimportersofmobilephonesandgainedsupport been initiated. liability topaybutothershaverefusedandseverallegalproceedings internal harddrivesandgamingconsoles.Someimportershaveadmittedthe Copyswede hasclaimedremunerationformobilephones,computers,tablets, product types,suchasmobilephones,tabletsandcomputers. industry havequestionedthesuitabilityofremunerationforcertain products throughagreements.Inrecentyears,stakeholderswithinthe industry representativesandregulatedtheremunerationfordifferent Over theyears,Copyswedehassignedmanyagreementswithvarious No. International Survey on Private Copying
Law & Practice 2016 151 GB GB GB GB GB GB GB unit Unit Unit Unit Unit Unit Capacity Per unit Per unit Per unit Per unit Per unit Per unit Per minute Per minute Per minute Per minute 1 1 1 1 1 1 80 80 80 80 80 320 350 0.60 0.95 2.65 4.25 4.25 4.80 0.025 0.020 0.020 0.025 Rate (SEK) Devices PC (2013) USB sticks Tablets (2013) Tablets Flash Media (2012) Mobile phones (2013) Consumer Electronics Optical Storage Media Optical Storage Media Internal hard drives (2013) External hard drives (2012) Blank Media CD-RW all up to 900 MB CD-RW all up to 900 MB DVD-R / + R 4.7 GB DVD-RW / + RW 4.7 GB DVD-RAM 4.7 GB 4.25 SEK DVD-R / + R double layer 8.5 GB CD-R all up to 900 MB C-cassette MiniDisc CD-R audio E-cassette (VHS) > 80 GB < 2GB-80 GB > 80 GB < 2GB-80 GB < 2GB-80 GB > 80 GB > 80 GB < 2GB-80 GB >320 GB MP3 players and all devices with built-in hard drives, including set-top boxes, DVD players, TVs and other media players: DVD players, TVs and MP3 players and all devices with built-in hard drives, including set-top boxes, 0 - 320 GB > 80 GB < 2GB-80 GB Applicable national rates Applicable 152 International Survey on Private Copying Law & Practice 2016 Revenue Exchange rateLCU/2 Total collected Mobile phones Game consoles Internal harddrives Tablets Computers External harddrives USB memory DVD-R/RW Hard discvideoRecorders MP3 players CD-R/RW Video cassette MiniDisc Audio CD Audio cassette Media/devices 2012 (SEK) 85,512,859 15,157,985 41,516,275 9,863,160 9,390,604 4,605,231 4,075,307 436,931 158,378 296,611 12,377 8.705 114,049,611 2013 (SEK) 28,484,240 20,266,920 10,439,617 39,579,605 1,476,352 1,272,124 6,894,054 1,869,421 2,965,720 102,320 356,736 224,277 36,852 80,391 8.649 982 137,877,352 2014 (SEK) 15,178,680 24,309,232 17,036,992 65,262,270 3,168,124 3,521,428 6,194,140 1,803,685 727,083 368,886 120,891 69,993 50,224 65,590 9.102 134 2015 (SEK) 18,118,784 16,861,504 45,450,170 96,217,470 2,990,598 6,652,348 3,688,321 1,126,088 434,464 174,622 265,402 287,748 23,040 47,208 96,997 9.355 176 International Survey on Private Copying
Law & Practice 2016 153 Swiss copyright code of 1992, last revised 2008. levies Importers and manufacturers are liable for payment. SUISA is appointed by rights holders. 274,268 Swiss francs in 2015 983 453 Swiss francs in 2015 The collecting society is also responsible for distribution to rightholders. SUISA distributes directly to its own members the share for music copyrights. The rest is distributed through organizations of other rightholders. Switzerland CHF 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 Collecting society or CMO is appointed by: Remuneration system Liable for payment Administrative costs for collecting private copying remunerations Administrative costs for distribution of private copying remuneration Distribution process Copyright law Currency Name of organization site Web Contact Person 1 Contact Person 2 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Collecting society: Collection and distribution Legislation and fundamental facts Contact information 28. 154 International Survey on Private Copying Law & Practice 2016 Rate setting (e.g., forcloudstorage)? negotiations onnewrates developments, Are thereany exempt? refurbished products exempt fromlevies?Are Are thereanyproducts paying thelevies? or buyersexemptfrom Are thereanyconsumers levies/remuneration? for determiningthe Which criteriaareused determined? remuneration How arelevies/ revision andwearewaitingfortheoutcome. There arenoprovisionsoncloudstorageatthemoment.SwissCopyright Lawiscurrentlyunder We arecurrentlynegotiatingtoapplyleviesonmobilephonesandso-calledsmartwatches. There arenoprovisionsinourratesonrefurbishedproducts. levied. computers. However, ifablankcarrier isdefinitelynoteligibleforprivate copying,theyarenot more advancedtechnicalmediainplacetoday, exemptionsonly applytoharddiscsinpersonal are obviouslynotmeantforprivatecopyingbutprofessionaluse. However, havingratesfor When wefirstnegotiatedtherateforblankaudioandvideotapes, weexemptedtapesthat professional usersdomakeprivatecopies. a surveycommissionedbySwissassociationsofimportersandproducers provedthateven then thereisapossibilitytogetrefundofthelevy. Duringnegotiationsontheratefortablets, the SwissBroadcastingCorporationimportsblankDVDstomakecopies oftheirbroadcasts, levy. Ifmediaisascertainedtohavebeenusedforcommercialcopying,instancewhen Depending onthetypeofmedia,professionaluseistakenintoaccountandgives risetoalower negotiations. won't leadtoappropriatelevies.Hence,wedidnotbringupthisargument duringthisyear’s the outcomeofourcurrentconsumerpanelshowsthatsavingsdecreasedand We stillhavenotyetagreedonany calculationprocedurewithournegotiatingpartner. However, basis forcalculatingthelevy. We thenmultiplytheresultby mostcommonpriceforthiskindofworks, andthisformsthe the possibilitytoreceivethemaspromotion? How manyoftheworksyoureceivedaspromotionwouldhavepurchased ifyouhadn'thad − sharing services,recordingfromradioorTV, etc.? Do youhaveanymusicalworksonyourdevicethatreceivedfreeofcharge, e.g.,fromfile consumers (exemplifiedwithmusicalworks): Nonetheless, todetermineanaveragesavingweposedthefollowingquestionsapanelof the possibilityofprivatecopying.Ofcourse,noteverycopiedworkwould havebeenpurchased. We define“consumersavings”astheamountofmoneyaconsumerisable to savebecauseof consumer savingsare“proceeds”accordingtoSwisslaw. we startedtobringupconsumersavingsasabasisforcalculationofthe levy. We arguethat As decreasingdevicepricesleadtolevies-althoughprivatecopying increases- − the extenttowhichdeviceisusedforprivatecopying)andtakeintoaccount: costs ofutilization(basicallythepriceconsumershavetopayfordevice inconsiderationof neighboring rights”.Regardingprivatecopying,weusuallynegotiatethelevyonbasisof the proceedsfromorcostofutilizationforauthor’s rightsandamaximumof3percentfor Swiss lawstatesthat“Compensationshallnormallyamounttoamaximum of10percent Commission appointedbytheMinistryofJusticedecides. associations ofblankcarrierimportersorproducers.Ifthereisnosettlement, theArbitration Levies andremunerationaredeterminedthroughnegotiationsbetweencollectingsocieties − − − − − − − − − − − − had thepossibilitytoreceivethemfreeofcharge? How manyoftheworksyoureceivedfreechargewouldhavepurchasedifhadn't If yes,howmany? Are thereanymusicalworksyoureceivedfreeofchargeaspromotion? If yes,howmany? the shareofworksthatarenot(ornolonger)copyright-protected. already licensedcopies(i.e.purchasedfromadownloadshop like iTunes); and the copyingbehavior; International Survey on Private Copying
Law & Practice 2016 155 holders of music copyrights; works; holders of copyrights for literature and visual works; holders of copyrights for dramatic and audio-visual and holders of copyrights for audio-visual works; holders of neighboring rights. MP3-players, digital video recorders and the like (Common tariff 4d); mobiles (Common tariff 4e); and tablet PC (Common tariff 4f).” − − − − − − − − Payment is due 30 days after invoice date. Payment is due 30 days to grant SUISA producers and importers are required request, At SUISA’s SUISA and records for verification purposes. access to their warehouses importer’s or confirmation from the producer’s may request a corresponding party; if the may be entrusted to an independent third auditors. Verification were false or declarations or importer’s the producer’s verifications show that costs those shall bear the verification costs; otherwise incomplete, the latter who requested the third-party verification. will be borne by the party can be and exporters can claim a refund if exports Exports are exempted proved. media into the territory of The importer is any company importing blank media itself or offers it to Switzerland, regardless of whether it uses the retailers or directly to private customers. is also regarded as an As for cross-border situations, a foreign provider customers is equal to a importer if the handling of a purchase for Swiss purchase from a domestic provider. SUISA distributes directly to its own members the share for music copyrights. the share for music copyrights. SUISA distributes directly to its own members of other rightholders. The rest is distributed through organizations distribution to SUISA’s Distribution to other collecting societies is quarterly; rightholders is yearly. copying remunerations are: Rightholders (categories) who receive private − − − − − According to Article 60 of Swiss Copyright Law, the split between copyrights According to Article 60 of Swiss Copyright Law, of the copyright shares is a and neighboring rights is 3:1. The distribution matter for rightholders. The societies negotiate a distribution scheme per rate based on studies on consumers use of media; i.e., what kind of repertoire is stored and to what extent. one is only a “At the moment, we have four rates for blank media. However, combination of three former separated rates (audio/video cassettes, blank CD and blank DVD). In addition, we have separate rates for: − − − As of 2017, the three latter rates will be combined into one but still with separate levies per category of products. PCs As the rates for MP3 players, digital video recorders, mobiles and tablet are the most significant, we only describe the schemes for these three rates. Distribution scheme for common tariff 4d for audio: 58.7% – SUISA (music copyrights) 4.37% – Pro Litteris (copyrights for literature and visual arts) 2.15% – SSA (copyrights for dramatic and audio-visual works) 9.78% – SUISSIMAGE (copyrights for audio-visual works) 25% – Swissperform (neighboring rights) Who distributes the collected remuneration Who distributes the collected remuneration to rightholders? Frequency of distribution Which rightholders? How do you monitor or intervene in the How do you monitor or market? Are exports exempted? Who is considered an importer? How are the distribution schemes determined? Distribution keys How frequently is payment due? How frequently is payment Distribution process Collection process Collection 156 International Survey on Private Copying Law & Practice 2016 Social andculturalfundsforcollectivepurposes Distribution keys(continued) How cansocialandculturalfundsbeused? and/or culturalfundin2013? What istheamountdedicatedtosocial social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsibleforallocation Is thereasocialand/orculturaldeduction? publishers. Allocation forsocialpurposes:SUISA’s pensionfundforauthorsand Allocation toartists,culturalproductions:SUISAFoundationforMusic. amount. CMOs in2015was1,191,700Swissfrancs,representing8.95%ofthecollected The totalamountdedicatedtosocialand/orculturalfundsofallfiveSwiss The deductionsaredeterminedbyrightsowners. for socialandculturalpurposes. societies. Buteachsocietymakesadeductionofitsown.SUISAdeducts10% There isnosuchdeductionbeforedistributionofsharestotherespective 15.5% –SUISSIMAGE 4.5% –SSA 20% –ProLitteris 60% –SUISA neighboring rights).Therateforcopyrightsisdistributedasfollows: on copyingbehaviorandisapproximately75%forcopyrights25 rights. Therelationbetweenthesetworatesisdeterminedbyourstudies There isafixedrateforcopyrightsandanotherneighboring Distribution schemeforcommonrate4f: 5% –SUISSIMAGE 3.5% –SSA 11% –ProLitteris 80.5% –SUISA rights). Therateforcopyrightsisdistributedasfollows: behavior andisapproximately75%forcopyrights25neighboring The relationbetweenthesetworatesisdeterminedbyourstudiesoncopying The isafixedrateforcopyrightsandanotherneighboringrights. Distribution schemeforcommontariff4e: 25% –Swissperform 57.525% –SUISSIMAGE 2.66% –SSA 5.325% –ProLitteris 9.49% –SUISA Distribution schemeforcommontariff4dvideo: International Survey on Private Copying
Law & Practice 2016 157 Capacity 60 minutes -per GB ≤ 4 GB -per GB ≤ 8 GB -per GB ≤ 16 GB -per GB ≤ 32 GB -per GB > 32 GB -per GB ≤250 GB -per GB ≤ 1 TB -per GB > 1 TB -per GB ≤16 GB -per GB ≤32 GB -per GB > 32 GB 60 minutes 60 minutes/525MB 4.7 GB 4.7 GB 25 GB 25 GB 0.46 0.63 0.15 0.12 0.10 0.33 0.05 0.31 0.88 0.33 0.93 0.572 0.332 0.085 0.050 0.030 0.2552 0.1992 Rate valid in 2016 (CHF) Video Current legal copies made from online shops like iTunes are not to be like iTunes Current legal copies made from online shops for instance, allows if iTunes, law, under the new levied. However, if only allowed be should copies these all devices, several on download the rightholders give permission. any provisions on cloud The draft new copyright law does not contain of private copying levies computing. Swiss CMOs suggest the application who grant access to online to cloud services and that service providers as importers of storage storage should be given the same treatment media. devices when using What is known as ephemeral copies on consumers’ and should therefore also be streaming services are also private copies levied. Consumer Electronics − − − Levies for private copying are highly disputed at the moment, as seems to be to be are highly disputed at the moment, as seems Levies for private copying the case all over Europe. of Justice set up a working group to investigate In 2013, the Swiss Ministry the collection of copyright remuneration. the possibilities of optimizing group are representatives of artists, Producers, Members of this working users, consumers and administration. associations of copyright the working group set up by Swiss Ministry of Justice, As an outcome of the for Law submitted the first draft of a revised Copyright Swiss Federal Council of last year. consideration at the end follows: SUISA and its Swiss sister societies are as The main requests of − − − may be amended and Consultations ended on March 31. The draft subsequently discussed in parliament. Audio VHS Flash media and HD in audio devices and all portable devices other than mobiles and tablet PCs, e.g. MP3- players Flash media and HD in audio-visual devices other than mobiles, tablet PCs and personal computers, e.g. digital video recorder Flash media and HD in tablets Audio cassette CD-R/RW data DVD-R/+R DVD-RW/+RW/RAM DVD R Blu-ray/HD DVD RW Blu-ray/HD Legal developments Applicable national rates Legal developments and court cases and court Legal developments 158 International Survey on Private Copying Law & Practice 2016 Revenue Total Mobile phones Flash mediaandHDintablets video recorder and personalcomputers.e.g.digital devices otherthanmobiles,tabletPCs Flash mediaandHDinaudio-visual mobile, tabletsandPCs and allportabledevicesotherthan Flash mediaandHDinaudiodevices DVD RWBlu-ray/HD DVD RBlu-ray/HD DVD-RW/+RW/RAM DVD-R/+R CD-R/RW data VHS Cassette, MiniDiscetc. Mobile phones Exchange rateLCU/2 Blank Media Optical Storagemedia Consumer Electronics 2012 (CHF) 8,124,905 1,146,514 2,658,008 3,113,932 943,925 195,285 67,420 1.205
2013 (CHF) 7,303,882 1,671,118 2,102,109 1,895,594 701,181 800,890 81,287 51,704 1.231 0.06 0.06 0.07 0.08 0.10 0.12 2014 (CHF) 13,938,525 5,964,669 3,630,737 1,316,715 1,156,808 1,273,230 487,144 67,172 42,052 1.215 - - perGB≤64 - perGB≤32 - perGB≤16 -per GB≤8 -per GB≤4 of catalogue per GB>64 max.2% 2015 (CHF) 13,313,383 5,225,758 4,065,480 1,264,510 1,246,965 938,612 485,741 47,333 38,983 1.067 International Survey on Private Copying
Law & Practice 2016 159 None. Remunerations are collected by the Minister of Culture and Tourism None. Remunerations are collected by the Minister of Culture and Tourism (MOCT), which has the legal monopoly. Turkish Copyright Law, Article 38 and Article 44. Copyright Law, Turkish in the Private copying is allowed under Article 38, but levies are not regulated law. there is an obligation on importers and manufacturers to pay a However, certain amount from the blank media and devices to the account of the (MOCT). Ministry of Culture and Tourism Levies Legal liability moment for importers: before the custom declaration of devices and blank media and based on CIF amount. For manufacturers: within 15 days after distribution of the devices and media to the local market, with an amount based upon the manufacturing prices. The amount of payments for blank media/devices is determined by the government. The rate is determined by a government decision based on the General Rate Statistic Position Number. Turkey lira Turkish Turkey) Collecting Society (IFPI national group Phonogram Producers www.mu-yap.org Asli Devrim Ugurlu Ahmet Asena [email protected] [email protected] Cad.Kuloglu Turnacibasi Mahallesi No10. Beyoglu Istanbul +90 212 292 46 13 +90 212 292 46 17 Turkey Which criteria are used for determining the levies/remuneration? How are levies/remuneration determined? Collecting society or CMO is appointed by: Remuneration system Liable for payment Copyright law Currency Name of organization site Web Contact Person 1 Contact Person 2 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Rate setting Collecting society: Collection and distribution Legislation and fundamental facts Contact information 29. 160 International Survey on Private Copying Law & Practice 2016 Distribution process Collection process Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution keys to rightholders? Who distributesthecollectedremuneration How frequentlyispaymentdue? Legal developments Is thereasocialand/orculturaldeduction? Ministry ofCulture. this articleandthefeestobecollectedshalllaiddownbyaby-law tobeissued bythe (Amendment: March3,2004-5101/15):Rulesandproceduresregarding the applicationof within andoutsidethecountry, shallbeincludedinthebudget oftheMinistry. allowance, whichisnecessaryforactivitiesrelatingtoprotection ofthe culturalheritage funds shallbelaiddownbyaby-lawtoissuedtheMinistry of Culture andTourism. The and artisticactivities.Therulesproceduresgoverningthedistribution anduse ofthese this accountshallbeusedtostrengthentheintellectualproperty system andexecutecultural (Amendment: February21,2001–4630/23;July14,2004-5217/17): Theamounts remainingin Culture CentralAccountingOfficeandshallberecordedasrevenue inthebudget. amount collectedinthespecialaccountshallbetransferredto accountoftheMinistry of themanufacturingorimportationcosts.(Addition:July14,2004-5217/17): Aquarterofthe following month,anamounttobedeterminedbytheCouncilofMinisters,notexceeding3% the nameofMinistryCultureandTourism, everymonth,notlaterthanthemiddleof works shallcollectanddepositintoaspecialaccounttobeopenedwithnational bankin and allkindsoftechnicalequipmentusedforthereproductionintellectualartistic recording mediasuchasblankvideocassettes,audiocomputerdiscs,CDs,DVDs Natural andlegalpersonswhomanufactureorimportforcommercialpurposesanykindof Article 44(secondandotherrelatedparagraphs).(Amendment:February21,2001-4630/23): without goodreasonorconflictwiththenormalexploitationofwork. However, suchreproductionmaynotprejudicethelegitimateinterestsofrightholders to reproduceallintellectualandartisticworksforpersonalusewithout pursuing profit. Article 38(Amendment:July7,1995-4110/14;February21,20014630/19): Itispermitted international agreements.Thearticlesareprovidedbelow: Articles 38and44havetobeamendedaccordingCopyrightDirective2001/29 blank mediaanddevices.However, thesearenotleviesintheCopyrightLaw. importers topayanamount(notexceeding3%ofthemanufacturingpriceorimportcosts)for included. Leviesarenotexplicitlyregulated.Thereisanobligationonmanufacturers and Private copyingisregulatedbytheTurkish CopyrightLawbutfaircompensationisnot Culture andTourism. and alltherevenuefromblankmediadevicesisusedbyMinistry of Rightholders donotreceiveanyfaircompensationfromthesepayments No distributionscheme. decision ofgovernment. quantities andpricestotheMinistryofCultureTourism accordingtothe Importers andmanufacturershavetoreporttheirimports,manufacturing for culturalpurposes. The MinistryofCultureandTourism isfullyauthorizedtousetheseamounts International Survey on Private Copying
Law & Practice 2016 161 Levies are determined by law; a strict list of levies is established by the Government Resolution on Equipment. Exports; equipment imported by natural persons for private purposes only; and professional equipment are exempted. Law of Ukraine on Copyright and Related Rights (also governmental resolution Law of Ukraine on Copyright and Related Rights of in Article 25(2) and Article 42(2) and the orders of Ministries). It is stipulated the Law. There is a levy system Importers and manufacturers are liable for payment. The Ukrainian Music Alliance is appointed by law and by decision of the Ministry of Science and Education. to The alliance is responsible for collection and distribution, and it distributes rightholders and other collecting societies. Ukraine hryvnya Ukrainian Music Alliance www.uma.in.ua Pavlo Kalenychenko, director [email protected] [email protected] 614, 1-5, Artema Str. Off. 4053 Kyiv +38 (044) 272 05 64 +38 (044) 272 05 64 Ukraine How are levies/remuneration determined? Are there any products exempt from levies? Collecting society or CMO is appointed by: Remuneration system Liable for payment Distribution process Copyright law Currency Name of organization site Web Contact Person 1 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Rate setting Collecting society: Collection and distribution Legislation and fundamental facts Contact information 30. 162 International Survey on Private Copying Law & Practice 2016 Distribution process Collection process works andperformancesrecorded inphonogramsand(or)videograms.RatesasofJuly3,2014. The amountofdeductions,paidbymanufacturers andimportersofequipmentleviesapplied locallyto Applicable nationalrates Legal developmentsandcourtcases 11. DVDplayerwith recordingfunction 10. CDplayerwithrecordingfunction 9. RadiohavingaCD-ROMdrive with recordingfunctionforflashcard 8. RadiohavingaCD-ROMdrive with recordingfunction 7. RadiohavingMD-drivewithrecording function 6. Radiohavingataperecorderandrecordingfunction 5. Musicplayerhavingaharddrive/flashcard 4. MusicplayerhavingCD/DVD-ROMdrivewithrecordingfunction forflash card 3. MusicplayerhavingataperecorderandDVD-ROMdrivewith recording function 2. MusicplayerhavingataperecorderandCD-ROMdrivewithrecording function display, FM-tunerwithplaybackfunctionsaswell videoandimagefiles) 1. MP3playerwithonefunction(MP3player, MP3 player withradiofeature,MP3the Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? Court cases devices? responsibility orpaymentforcertainmedia/ Are thereliablepartieswhodeny Legal developments Distribution keys determined? How arethedistributionschemes Which rightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremuneration Name ofequipmentandlevies Exports areexempted. for noreason. SIPSU hascurrentlystoppedprovidinguswiththisnecessaryinformation which inturnreceivedthisinformationfromtheCustomServiceofUkraine. information fromSIPSU(StateServiceofIntellectualPropertyUkraine), The marketusedtobecontrolledbytheUkraineMusicAlliancereceiving Payment isdueafterimport(manufacturing). We havemorethan20casesagainst importerswhorefusetopaylevies. Yes. draft isintheUkrainianParliament. There isadraftofLawthatinfactexcludesanyprivatecopylevies.Nowthis phonograms (musicalworks)andfilms Remuneration isdistributedaccordingtoratesofInternetsearchsystemsfor The UkrainianMusicAlliancedeterminesthedistributionschemes. Authors, performers,producersaswelltheirsuccessors. Annually ortwiceayear(itdependsonthetotalcollected) works) andfilms according toratesofinternetsearchsystemsforphonograms(musical determines thedistributionschemes;remunerationisdistributed producers aswelltheirsuccessors.TheUkrainianMusicAlliance The UkrainianMusicAlliancedistributesyearlytoauthors,performers, Rate ofdeductions, percentage 0.75 0.31 0.02 0.18 0.32 0.32 0.06 0.06 0.35 0.25 1 International Survey on Private Copying
Law & Practice 2016 163 1 1 1 1 1 24.227 0.3 1.5 0.1 1.5 0.4 0.2 0.75 0.38 0.36 0.09 0.62 0.17 0.15 0.75 0.75 0.75 0.75 3,035,560 2015 (HRN) 15.770 189,665 2014 (HRN) 10.613 405,779 2013 (HRN) 10.267 636,208 2012 (HRN) Media/Devices Exchange rate LCU/2 13. Recorder for computer with CD-ROM drive 13. Recorder for computer or Blu-ray with DVD-ROM drive, HD DVD-ROM drive 14. Recorder for computer with recording function recorder 15. Tape player 16. Multimedia-rich MP3 CD-ROM drive with recording function 17. Car music player having media on other CD-ROM drive with recording function 18. Car music player having function 19. VCR with recording via USB drive with recording function on other media 20. Player for DVD-ROM function and HDD 21. Player for DVD-ROM drive with recording with recording function 22. Player for DVD-discs and VHS cassette function 23. Player for HD DVD-ROM drive with recording function and HDD 24. Player for HD DVD-ROM drive with recording function which is DVD-ROM drive having a recording 25. TV with VCR or hard drive or player with either built in or on a flash card 26. Notebook with optical drive for CD / DVD-RW-drive 27. Cell phones (mobile phone), tablet 28. Memories/ hard drives 29. Discs for laser reading systems 30. Audio cassettes cassettes 31. Video 32. Memory cards ( “smart card”) 33. Flash cards 12. Hard disc “Standard” 12. Hard disc Revenues Revenue and media (excluding VAT): Note: Amount of deductions applied to equipment (contract); trade agreement of the value specified in the foreign For importers – percentage of the sales price. – percentage For manufacturers 164 International Survey on Private Copying Law & Practice 2016 Contact information 31. Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Web site Name oforganization Currency Country Liable forpayment Remuneration system Copyright law United States +1 703.535.8105 +1 703.535.8101 Alexandria, Virginia 22314 700 N.FairfaxStreet. Suite601 [email protected] [email protected] DirectorMike Stern. ofRoyaltiesandFinance Linda R.Bocchi.Esq.ExecutiveDirector www.aarcroyalties.com Alliance ofArtistsandRecording Companies(“AARC”) US Dollars United States devices, manufacturedorimported anddistributedintheUnitedStates. recording devices,digitalaudio mediaanddigitalaudiointerface Importers/distributors ormanufacturers/distributors ofcertaindigitalaudio United States. audio interfacedevicesmanufacturedorimportedanddistributed inthe digital audiorecordingdevices,mediaand digital must bepaidbyimporters/distributorsormanufacturers/distributors ofcertain the yearforwhichroyaltiesarecollected–royaltyyear. Royalties Under theAHRA,royaltiesmustbedistributedbasedonsalesin USduring legally obtainedsoundrecordingsforpersonaluse. Definition ofprivatecopyaccordingtoAHRAiscopyingbyconsumers of make royaltypaymentsforeachofthesedevicesormediatheydistribute. certain digitalaudiorecordingdevicesand mediato AHRA alsorequiresimporters/distributorsormanufacturers/distributors of copies. copying ofsoundrecordings,butpreventsthemakingdigitalcopiesfrom in theUnitedStates.Suchasystemallowsunlimitedfirstgenerationdigital and digitalaudiointerfacedevicesimported,manufacturedordistributed serial copymanagementsystem(SCMS)inalldigitalaudiorecordingdevices recording devicesanddigitalaudiomediatheinclusionofa AHRA requiresthepaymentoffeesupondistributioncertaindigitalaudio 1992). Codifiedat17U.S.C.Article1001etseq. Audio HomeRecordingActof1992.Pub.L.No.102-563.106Stat.4237(Oct. 28. International Survey on Private Copying
Law & Practice 2016 165 Payments are required on a quarterly basis. Payments are required on a quarterly basis. payments are made by the AARC conducts enforcement activities to ensure of DARDs, DARMs and importers/distributors or manufacturers/distributors DAIDs. and/or DAIDs must be distributed in the because the DARDs, DARMs Yes, United States whichever party distributes the AHRA covers the manufacturer or importer, DARDs, DARMs and/or DAIDs in the United States for ultimate transfer to consumers in the US. There is no definition for importer. Alliance of Artists and Recording Companies distributes annually to Featured Recording Artists and Sound Recording Copyright Owners (Producers). Distribution methods are determined by the AHRA. AARC distributes annually contingent on having received the royalties from the federal government. AARC represents Featured Artists and Sound Recording Copyright Owners (Producers). AARC distributes directly to rightholders and through collectives based on bilateral agreements. Under the Audio Home Recording Act of 1992, the royalties must be distributed based on sales of music during the year for which the royalties were collected. Alliance of Artists & Recording Companies is a non-profit, tax-exempt private private Companies is a non-profit, tax-exempt Alliance of Artists & Recording with AARC. artists and producers contractually sign up organization. Featured of AARC is allowed to deduct its actual costs Under AARC bylaws, the it by the AARC Board, from all the royalties distribution, as approved distributes that year. by the as approved of distribution for a particular year, Based on actual costs on an artificial percentage. AARC Board, and not society. Conducted by collection distribution price with a AHRA establishes the rate. Devices: 2% of the of a physically integrated unit maximum of $8 per device and $12 in the case Media: 3% for media. containing more than 1 device and $1 minimum. in AHRA, royalties must be If a device or medium falls within the definitions paid. therefore not applicable. Professional devices are exempt. Refunds are of devices and media The importers/distributors or manufacturers/distributors Recording Device (“DARD”), that fall within the definition of a Digital Audio and Digital Audio Interface Digital Audio Recording Medium (“DARM”) distribution. Devices (“DAIDs”) must pay the levies upon Who distributes the collected remuneration to rightholders? How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? Frequency of distribution Which rightholders How are the distribution schemes determined? How frequently is payment due? How are levies/remuneration determined? Administrative costs for collecting private Administrative costs for copying remunerations distribution of Administrative costs for private copying remuneration Distribution process Which criteria are used for determining the levies/remuneration? Are there any consumers or buyers exempt from paying the levies? Are there any products exempt from levies? Are refurbished products exempt? Collecting society or CMO is appointed by: Collecting society or CMO Distribution process Collection process Rate setting Collecting society: Collection and distribution society: Collection Collecting 166 International Survey on Private Copying Law & Practice 2016 Revenue *Maximum 8USDperdeviceor12multi-integratedandminimum1device. Applicable nationalrates Social andculturalfundsforcollectivepurposes Total Revenues Distribution keys Exchange rateLCU/€ Is thereasocialand/orculturaldeduction? Devices, Hardware,PC,HDD Blank Media Media/Devices 2% ofthetransferpricefordevices* 3% ofthetransferpriceformedia No privatecopylawforvideo. Distribution schemeforvideo: − The AFM&SAG-AFTRAIntellectualPropertyFund − − − − − − − Distribution schemeforaudio: There isnodeductionforcollective(socialand/orcultural)purposes. − − − − − − − − Publishers’ Sub-fund–50%ofMWF Writers’ Sub-fund–50%ofMWF Musical Works Fund(MWF)–1/3oftotalDARTfund Non-Featured Artists–4%ofSRF Featured RecordingArtists’Sub-fund–40% Sound RecordingCopyrightOwners’Sub-fund–60% Owners andFeaturedRecordingArtists,asfollows: AHRA requirestheallocationof96%toSoundRecordingCopyright Sound RecordingsFund(SRF)–2/3oftotalDARTfund 2012 (USD) 1,700,000 1.285 Rate Rate 2013 (USD) 775,000 1.328 2014 (USD) 390,000 1.327 Per unit Per unit Capacity Capacity 2015 (USD) 150,000 1.109 International Survey on Private Copying
Law & Practice 2016 167 23 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization 2001/29/EC of the European Directive in particular Article 5(2)(b) society, rights in the information of certain aspects of copyright and related who carries out, on a private basis, the as meaning that the final user must be interpreted and (5) thereof, The concept of “fair compensation”, within the meaning of Article 5(2)(b) of Directive 2001/29/EC of within the meaning of Article 5(2)(b) of Directive The concept of “fair compensation”, the Council of 22 May 2001 on the harmonization of certain aspects Parliament and of the European Union of European is an autonomous concept the information society, rights in of copyright and related a private copying in all the Member States that have introduced uniformly law which must be interpreted to determine, within the limits on the Member States conferred of the power exception, irrespective detailed arrangements for the form, Union law in particular by that directive, imposed by European financing and collection, and the level of that fair compensation. as meaning that the ‘fair balance’ between the be interpreted 2001/29 must Article 5(2)(b) of Directive persons concerned basis of the criterion of means that fair compensation must be calculated on the of the private copying exception. works by the introduction the harm caused to authors of protected that persons who have digital of that “fair balance” to provide It is consistent with the requirements media and who on that basis, in law or in fact, make that equipment equipment, devices and reproduction to finance the fair the persons liable are them with copying services available to private users or provide it. of financing able to pass on to private users the actual burden compensation, inasmuch as they are as meaning that a link is necessary between 2001/29 must be interpreted Article 5(2)(b) of Directive reproduction to digital respect with intended to finance fair compensation the application of the levy purposes of private copying. equipment, devices and media and the deemed use of them for the to respect in particular with the indiscriminate application of the private copying levy, Consequently, available to private users and clearly equipment, devices and media not made digital reproduction 2001/29. for uses other than private copying, is incompatible with Directive reserved (b) in respect of reproductions on any medium made by a natural person for private use and for ends that on any medium of reproductions (b) in respect fair compensation on condition that the rightholders receive commercial, nor indirectly neither directly are to in Article referred or non-application of technological measures which takes account of the application 6 to the work or subject-matter concerned; 2. Member States may provide for exceptions or limitations to the reproduction right provided for in right provided to the reproduction for exceptions or limitations may provide 2. Member States Article 2 in the following cases:[...] Article 5 Exceptions and limitations Article 5 Exceptions [...] http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32001L0029&from=EN. 23 1. C-462/09, June 16, 2011 – Stichting de Thuiskopie/Opus GmbH transactions Cross-border 2. 3. 1. C-467/08, October 21, 2010 – Padawan/SGAE copying levy Indiscriminate application of the private In Europe, the private copying exceptions as laid down in the national laws of EU Member States are based States are in the national laws of EU Member private copying exceptions as laid down the In Europe, of 22 May 2001 on Parliament and of the Council 2001/29/EC of the European Directive on Article 5(2)(b) of the information society: rights in of certain aspects of copyright and related the harmonization Annex: Relevant Case Law from the Court of Justice of the the of Justice of the Court Law from Relevant Case Annex: European Union National judges may refer preliminary questions to the Court of Justice of the European Union (CJEU) with Union (CJEU) of the European Justice the Court of questions to preliminary refer judges may National judgments on private copying several The CJEU has delivered of the Directive. to the interpretation regard in questions The answers that the CJEU has given to the preliminary exception in the last couple of years. available at http://eur-lex.europa.eu. The full texts of the judgments are listed below. these cases are 168 International Survey on Private Copying Law & Practice 2016 2. 1. Technological measures, consequencesofanauthorization toreproduce C-457/11-C-460/11, June27, 2013–VGWort/Kyocera 4. 3. 2. 1. Author isentitleddirectly andoriginallytotherightoffaircompensation C-277/10, February9,2012–Luksan/Van derLet basis. recovery ofthatcompensationfrom thepersonresponsible forpaymentwhoisactingonacommercial ensure recovery ofthefaircompensationfrom thepurchasers, tointerpret nationallawinorder toallow bearing onthatobligationtoachieveacertainresult. Itisforthenationalcourt,where itisimpossibleto devices andmediaisestablishedinaMemberStateotherthanthatwhichthepurchasers reside hasno them forthatharm.Inregard, themere factthatthecommercial sellerofreproduction equipment, occurs, toensure thatthoseauthorsactuallyreceive thefaircompensationintendedtocompensate the harmcausedtoauthorsbyuseforprivatepurposesoftheirworkpurchasers whoreside there manufacturer or importer of mediafor reproduction of protected works, and on the territory of which it is for the Member Statewhich has introduced asystem of private copying levies chargeable to the Directive 2001/29,inparticularArticle5(2)(b)and(5)thereof, mustbeinterpreted asmeaningthat final userforthatservice. available to that final user, since they are able to pass on the amount of that levy in the price paid by the a privatecopyinglevychargeabletothepersonswhomakereproduction equipment,devicesandmedia fair compensation provided for in Article 5(2)(b). However, itisopentotheMember States toestablish reproduction ofaprotected workmust,inprinciple,beregarded asthepersonresponsible forpayingthe Parliament and oftheCouncil22May 2001 ontheharmonization ofcertainaspectscopyright and regardWith totheperiod from 22June2001,thedateon whichDirective 2001/29/ECoftheEuropean irrefutable termsormaybedeparted from. compensation vestingintheprincipaldirector ofthatwork,whetherpresumption iscouchedin a presumption oftransfer, infavoroftheproducer ofacinematographic work,oftherighttofair European Unionlawmustbeinterpreted asnotallowingtheMemberStatesoptionoflayingdown copying’ exception. right tothefaircompensationprovided forinArticle5(2)(b) ofDirective 2001/29underthe‘private work, theprincipaldirector thereof mustbeentitled,byoperationoflaw, directly andoriginally, tothe European Unionlawmustbeinterpreted asmeaningthat,inhiscapacityauthorofacinematographic of thatworkfrom agreeing otherwise. the public),provided thatsuchapresumption isnot anirrefutable oneprecluding theprincipaldirector reproduction right and any other right of communication to the public through the making available to the cinematographic work such as those at issue in the main proceedings (satellite broadcasting right, a presumption oftransfer, infavoroftheproducer ofacinematographicwork,rightstoexploit European Unionlawmustbeinterpreted asallowingtheMemberStatesoptionof layingdown to theproducer oftheworkinquestion. as precluding nationallegislationwhichallocatesthoseexploitationrightsbyoperationoflawexclusively of law, directly andoriginally, intheprincipaldirector. Consequently, thoseprovisions mustbeinterpreted other rightofcommunicationtothepublicthrough themakingavailabletopublic)vestbyoperation such as those at issue in the main proceedings (reproduction right, satellite broadcasting right and any and certainrelated rights,mustbeinterpreted asmeaningthatrightstoexploitacinematographicwork European ParliamentandoftheCouncil12December2006ontermprotection ofcopyright related to copyright in the field of intellectual property and with Article 2 of Directive 2006/116/EC of the Parliament andoftheCouncil12December2006onrental rightandlendingoncertainrights the informationsociety in conjunction with Articles 2 and 3of Directive 2006/115/EC of the European Council of22May2001ontheharmonizationcertainaspectscopyrightandrelated rights in retransmission, andArticles23ofDirective 2001/29/ECoftheEuropean Parliamentandofthe copyright and rights relatedrules concerning to copyright applicable to satellite broadcasting and cable Articles 1and2ofCouncilDirective 93/83/EECof27September1993onthecoordination ofcertain International Survey on Private Copying
Law & Practice 2016 169 Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 Parliament and 2001/29/EC of the European Article 5(2)(b) of Directive information society must rights in the of copyright and related on the harmonization of certain aspects indiscriminately which State Member a of legislation preclude not does it that meaning as interpreted be purposes for commercial first placing on the market in its territory, applies a private copying levy on the while at the same time providing media suitable for reproduction, and for consideration, of recording levies paid in the event that the final use of those media does not of the for a right to reimbursement of each to the particular circumstances having regard where, meet the criteria set out in that provision, to verify, national court for the it is which directive, by that the limits imposed system and national reimbursement and the right to practical difficulties justify such a system of financing fair compensation of the levies paid excessively difficult. and does not make repayment is effective as meaning that, in the context of a system be interpreted 2001/29 must Article 5(2)(b) of Directive a private copying levy to be borne by means of of financing of fair compensation under that provision on the market in the territory reproduction media suitable for recording by persons who first place does that provision purposes and for consideration, State concernedof the Member for commercial of private use of presumption the establishment by that Member State of a rebuttable not preclude the practical difficulties of determining marketed to natural persons, where they are such media where the establishment of such a whether the purpose of the use of the media in question is private justify in the imposition of the does not result established that the presumption and provided presumption does not fall within the case the final use of those media clearly private copying levy in cases where to in that provision. referred that the right to fair compensation as meaning 2001/29 must be interpreted Article 5(2)(b) of Directive that compensation cannot be or the private copying levy intended to finance under that provision by way of such compensation or levy is of the funds received of the fact that half excluded by reason and cultural institutions set up for to those entitled to such compensation, but to social paid, not directly actually benefit those that those social and cultural establishments the benefit of those entitled, provided not discriminatory, are entitled and the detailed arrangements for the operation of such establishments which it is for the national court to verify. related rights in the information society entered into force, to 22 December 2002, the date by which that which by date the 2002, December 22 to force, into entered society information the in rights related works or other subject- protected acts of using law, have been transposed into national was to directive by that directive. not affected matter are 2001/29, an for by Article 5(2) or (3) of Directive exception or limitation provided In the context of an or other subject- work of his protected may have authorized the reproduction act by which a rightholder or an for on a compulsory whether it is provided on the fair compensation owed, matter has no bearing of that directive. provision the relevant optional basis under cannot render 2001/29 under Article 6 of Directive technological measures The possibility of applying by Article 5(2)(b) of that directive. for to fair compensation provided relating inapplicable the condition or by some of any kind of photographic technique by the use effected The concept of ‘reproductions 2001/29 must be within the meaning of Article 5(2)(a) of Directive having similar effects’ other process the two where computer, using a printer and a personal effected as including reproductions interpreted to the Member States to put in place a system in which the In this case, it is open linked together. are non-autonomous a in contributing, a device of possession in by the persons paid is compensation fair on the other subject-matter work or the protected of of reproduction process to the single manner, have the possibility of passing on the cost of the levy to their given medium, in so far as those persons for the harm as recompense that the overall amount of the fair compensation owed customers, provided the from different substantially be not must process single that of end the at author the by suffered obtained by means of a single device. reproduction amount fixed for a 2. 3. 1. Indiscriminate application combined with a reimbursement scheme, payment of the revenue in part to social scheme, payment of the revenue with a reimbursement Indiscriminate application combined transactions in cross-border or cultural institutions, double payment C-521/11, July 11, 2013 – Amazon/Austro-Mechana 2. 3. 4. 170 International Survey on Private Copying Law & Practice 2016 4. 2. 1. Lawful nature oftheorigincopy C-435/12, April10,2014–ACIAdam/StichtingdeThuiskopie 3. 2. 1. Equal treatment, reimbursement scheme,consequencesofanauthorizationtoreproduce C-463/12, March 5,2015–CopydanBåndkopi/NokiaDanmark paid inanotherMemberState. under that provision may not be excluded by reason of the fact that a comparable levy has already been recording media suitable for reproduction, a private copying levy intended to finance the fair compensation Member Statetopay, ontheplacingmarket,forcommercial purposesandforconsideration,of Article 5(2)(b)ofDirective 2001/29mustbeinterpreted asmeaningthattheobligationundertakenbya it tocopyrightholders,whichdefendsthataction. referring court for a ruling against the body responsible for collecting that remuneration and distributing main proceedings, inwhichthoseliableforpaymentofthefaircompensationbringanactionbefore the of intellectualproperty rightsmustbeinterpreted asnotapplyingtoproceedings, suchasthose inthe Directive 2004/48/EC of theEuropean Parliament and ofthe Council of 29 April2004 on theenforcement in whichthatsource isunlawful. the situationinwhichsource from whichareproduction forprivateuseismade lawfulfrom that precluding nationallegislation,suchasthatatissueinthemainproceedings, whichdoesnotdistinguish the informationsociety, read inconjunctionwithparagraph5ofthatarticle,mustbeinterpreted as Council of22May2001ontheharmonizationcertainaspectscopyrightandrelated rightsin EU law, inparticularArticle5(2)(b)ofDirective 2001/29/ECoftheEuropean Parliamentandofthe a righttoreimbursement ofthatlevywhichiseffective anddoes notmakeitexcessivelydifficultto repay customers registered with theorganizationresponsible foradministering thelevy;systemprovides for for privateuse,itbeingunderstood thattheexemptioncannotberestricted tothesupplyofbusiness telephone memorycards topersons otherthannaturalpersonsforpurposesclearlyunrelated tocopying responsible forpayment are exemptfrom thelevyiftheycanestablishthathavesupplied themobile on conditionthat:theintroduction ofsuch asystemisjustifiedbypracticaldifficulties;thepersons but donotknowwhetherthefinalpurchasers ofthecards willbeindividualsorbusinesscustomers, memory cards to business customers and are aware that those cards will be sold on by those customers the reproduction rightforcopiesprivateuse,by producers andimporterswhosellmobiletelephone requires paymentofthelevy intended tofinancefair compensation,inaccordance withtheexceptionto Article 5(2)(b)ofDirective 2001/29mustbeinterpreted asnotprecluding nationallegislationwhich different treatment theyreceive isjustified,which isamatterforthenationalcourttodetermine. that levy, provided thatthosedifferent categoriesofmediaandcomponentsare notcomparable orthe purpose istostore memories ofMP3players,subjectto copiesforprivateuse,suchastheinternal reproduction rightforcopiesprivateuse,butdoes notmakethesupplyofcomponentswhosemain to thelevyintendedfinancefaircompensationpayableinaccordance withtheexceptionto media thatmaybeusedforcopyingprivateuse,suchasmobiletelephonememorycards, subject Article 5(2)(b)ofDirective 2001/29doesnotpreclude nationallegislationwhichmakesthesupplyof fair compensation. regarded asminimal,themakingavailableofsuchafunctionneednotgiverisetoanobligationpay to affect theamountoffaircompensationpayable.Insofarasprejudice totherightholder maybe main oranancillaryoneandtherelative importanceofthemedium’s capacitytomakecopiesare liable enables theoperatortousethemforthatpurpose.However, thequestionwhetherfunctionisa make suchcopies,provided thatoneofthefunctionsmedia,beitmerely anancillary function, such as mobile telephonememory cards, irrespective of whether themainfunction of suchmediais to exception tothereproduction rightforcopiesmadeprivateuse,inrespect ofmultifunctionalmedia preclude nationallegislation which provides that fair compensation istobepaid,inaccordance withthe the harmonizationofcertainaspectscopyrightandrelated rightsintheinformationsocietydoes not Article 5(2)(b)ofDirective 2001/29/ECoftheEuropean ParliamentandoftheCouncil22May2001on International Survey on Private Copying
Law & Practice 2016 171 Article 5(2)(a) and Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council 2001/29/EC of the European Article 5(2)(a) and Article 5(2)(b) of Directive rights in the information of 22 May 2001 on the harmonization of certain aspects of copyright and related to the phrase ‘fair compensation’ contained in that, with regard as meaning society must be interpreted or paper on reproduction the whether to according distinction a draw to necessary is it provisions, those any kind of photographic technique or by some other process by the use of a similar medium effected user or by a natural person for private use and for ends that is carried out by any having similar effects commercial. nor indirectly neither directly are national legislation, such as that at 2001/29 preclude Article 5(2)(a) and Article 5(2)(b) of Directive authorizes the Member State in question to allocate a part of which issue in the main proceedings, by authors, those created the fair compensation payable to rightholders to the publishers of works some of the from even indirectly, that the authors benefit, publishers being under no obligation to ensure compensation of which they have been deprived. such legislation, national principle, in preclude, 2001/29 Directive of 5(2)(b) Article and 5(2)(a) Article system for recovering an undifferentiated which introduces as that at issue in the main proceedings, such legislation which fair compensation which also covers the copying of sheet music, and preclude fair compensation which also covers counterfeit system for recovering an undifferentiated introduces sources. unlawful made from reproductions national legislation, such as that at 2001/29 preclude Article 5(2)(a) and Article 5(2)(b) of Directive fair the finance to order in combines, that system a introduces which proceedings, main the in issue remuneration first, lump-sum namely, compensation payable to rightholders, two forms of remuneration, the levy and only the final purchaser of such a memory card may obtain reimbursement by submitting an reimbursement by may obtain a memory card of such purchaser only the final the levy and to that organization. application appropriate must that directive, to 35 in the preamble light of recital in the 2001/29, read Article 5(2)(b) of Directive by the exception in certain cases covered provide, as permitting the Member States to be interpreted under that the requirement use, for an exemption from right for copies for private to the reproduction such cases is caused to rightholders in the prejudice that compensation, provided exception to pay fair it being for such prejudice, set the threshold of the Member States to the discretion minimal. It is within the principle of applied in a manner consistent with must, inter alia, be threshold understood that that equal treatment. decided, pursuant to a Member State has that, where as meaning is to be interpreted 2001/29 Directive any right for rightholders the material scope of that provision, to exclude, from Article 5(2) of that directive, given by a rightholder for the of their works for private use, any authorization to authorize reproduction accordance in payable compensation fair the on bearing no have can works his containing files of use with Article 5(2)(b) of in accordance made right for reproductions with the exception to the reproduction obligation on the part of the with the aid of such files and cannot, of itself, give rise to an that directive remuneration of any kind to the rightholder. user of the files concerned to pay 2001/29 for devices used under Article 6 of Directive measures The implementation of technological on such as DVDs, CDs, MP3 players and computers, can have no effect works, protected to reproduce right in with the exception to the reproduction in accordance to pay fair compensation the requirement the implementation of for private use by means of such devices. However, made of reproductions respect on the actual level of such compensation. may have an effect such measures with for fair compensation, in accordance legislation which provides national 2001/29 precludes Directive namely made using unlawful sources, of reproductions right, in respect the exception to the reproduction consent. available to the public without the rightholder’s made works which are protected from in for fair compensation, national legislation which provides 2001/29 does not preclude Directive works protected of reproductions of respect in right, reproduction the to exception the with accordance party. the aid of a device which belongs to a third made by a natural person by or with 2. 3. 4. 1. C 572/13, November 12, 2015 – HP/Reprobel Allocation of fair compensation to publishers, copying of sheet music 4. 5. 6. 7. 8. 172 International Survey on Private Copying Law & Practice 2016 can acceptanyresponsibility orliabilityforanymistakes orinaccuracies. While thecompilersofthisreport havetakeneverycare toensure theaccuracyofdata containedinit,neithertheynorthepublishers 2. 1. C-37/16, MinisterFinansów/SAWP user ofthosedevicesandmedia. that the reimbursement of such a levy, where ithas been unduly paid, maybe requested only by the final of works,andthoseliabletopaycompensation,ortheirtradeassociations,and,ontheotherhand,provides agreements betweenanentitywhichhasalegalmonopolyontherepresentation oftheinterests ofauthors importers ofdevicesandmediaintendedforuseclearlyunrelated toprivatecopyingtheconclusion of that, ontheonehand,subjectsexemptionfrom paymentoftheprivatecopyinglevyforproducers and society, mustbeinterpreted asprecluding nationallegislation,suchasthatatissueinthemainproceedings, of 22May2001ontheharmonizationcertainaspectscopyrightandrelated rightsintheinformation EEU law, inparticular, Article5(2)(b)ofDirective 2001/29/ECoftheEuropean ParliamentandoftheCouncil Ex anteexemption,reimbursement scheme C-110/15, September22,2016–NokiaItalia/SIAE ensure bytheusersofprivatecopies. thatthecostofcompensationisborne in themainproceedings, isfinancedfrom theGeneralStateBudgetinsuchawaythat it isnotpossibleto interpreted asprecluding aschemeforfaircompensationprivatecopyingwhich,liketheoneatissue the harmonizationofcertainaspectscopyrightandrelated rightsintheinformationsociety must be Article 5(2)(b)ofDirective 2001/29/ECoftheEuropean ParliamentandoftheCouncil of 22May2001on Fair compensationfinancedbyGeneralStateBudget C-470/14, June9,2016–EGEDA — — — by thenaturalorlegalpersonswhomakethosecopies,insofaras: determined solelybymeansofaunitpricemultipliedthenumbercopiesproduced, whichispayable on nationalterritory, and,second,proportional remuneration paidafterthatreproduction operationand devices enablingprotected workstobecopied,atthetimewhensuchdevicesare putintocirculation paid prior to the reproduction operation by the manufacturer, importer or intra-Community acquirer of on devicesandmediabyvirtueoftheirsaleproducers andimporters, actingastaxablepersons,within If theanswertoQuestion1isinaffirmative,are collectivemanagementorganizations,inlevyingafee but intheirownname,feesonthosedevicesandmedia byvirtueoftheirsale? collective managementorganizationslevyonbehalfof those authors,performersandotherrightholders, tax, toproducers andimportersofaudiorecorders andsimilar devicesandblankmedia,onwhom 25(a) ofCouncilDirective 2006/112/ECof28 November2006onthecommonsystemofvalue-added Do authors,performersandotherrightholderssupplyservices, withinthemeaningofArticles24(1)and users. suffered andthecriterion of harm established as alump sum in respect of different categories of reimbursement, whichallowsthecomplementaryapplicationofcriterionactualharm the combinedsystem,takenasawhole,doesnotincludemechanisms,inparticularfor person liableforpaymenthascooperatedintherecovery ofthatremuneration; the proportional remuneration recovered after the fact varies according to whether or not the iscapableofproducingthe deviceconcerned copies; the lump-sumremuneration paidinadvanceiscalculatedsolelybyreference tothespeedatwhich International Survey on Private Copying
Law & Practice 2016 173 Are national rules prohibiting a commercial undertaking from providing private individuals with so- with individuals private providing from undertaking commercial a prohibiting rules national Are by protected of private copies of works recording video services for the remote called cloud computing without the recording, active involvement in the undertaking’s copyright, by means of that commercial 2001/29/EC of in particular with Article 5(2)(b) of Directive consent, compatible with EU law, rightholder’s of certain aspects of Parliament and of the Council of 22 May 2001 on the harmonization the European of the European 2000/31/EC (as well as Directive information society, rights in the copyright and related 2000 on certain legal aspects of information society services, in Parliament and of the Council of 8 June in the Internal Market and the founding Treaty)? commerce, particular electronic private individuals with so-called undertaking to provide commercial national rules which allow a Are by copyright, of private copies of works protected video recording cloud computing services for the remote even and entailed, is recording in the undertaking commercial of that involvement the active where even in essence consent, against a flat-rate compensation in favor of the rightholder, without the rightholder’s with particular in law, EU with compatible system, licensing compulsory a to services the subjecting of the Council of 22 May 2001 Parliament and 2001/29/EC of the European Article 5(2)(b) of Directive information society (as well rights in the of copyright and related on the harmonization of certain aspects of 8 June 2000 on certain legal Parliament and of the Council 2000/31/EC of the European as Directive in the Internal Market and the commerce, in particular electronic aspects of information society services, founding Treaty)? the meaning of Article 28 of Council Directive 2006/112/EC of 28 November 2006 on the common 2006 on the common of 28 November 2006/112/EC of Council Directive of Article 28 the meaning by means to document those activities required tax (OJ 2006 L 347, p. 1), who are system of value-added importers of and issued to producers directive, purposes of Article 220(1)(1) of that of an invoice for the at the and, the fees, of virtue due by as VAT showing blank media, and devices similar and recorders audio distributed performers and other rightholders are fees levied on behalf of the authors, time at which the indicating that of the fees by means of an invoice to document receipt latter required the to them, are fee? organization levying the issued to the collective management VAT 2. C-265/16, VCAST Limited/R.T.I. SpA C-265/16, VCAST Limited/R.T.I. 1. 174 International Survey on Private Copying Law & Practice 2016 International Survey on Private Copying
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International Survey on Private Copying
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