International Survey on Private Copying

For more information contact WIPO at www.wipo.int World Intellectual Property Organization Law & Practice 2015 34, chemin des Colombettes P.O. Box 18 CH-1211 Geneva 20 Switzerland

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

WIPO Publication No. 1037E/16 ISBN 978-92-805-2707-0 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 2015 International Survey on Private Copying Law & Practice 2015

International Survey on Private Copying Law & Practice 2015 International Survey on Private Copying 1 Law & Practice 2015 7 4 3 2 3 3 24 30 37 13 22 44 46 51 11 56 60 64 68 74 81 85 90 97 10 103 109 112 118 123 125 128 133 137 141 144 147 150 152 156 162 164 166 Annex 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 9. BURKINA FASO 7. CZECH REPUBLIC 6. 5. 4. 3. 1. Introduction 2. 1. AUSTRIA 2. BELGIUM 3. 4. CANADA 5. CROATIA 6. 7. DENMARK 8. ESTONIA 9. FINLAND 10. FRANCE 11. GERMANY 12. GREECE 13. HUNGARY 14. ITALY 15. JAPAN 16. LATVIA 17. LITHUANIA 18. NETHERLANDS 19. NORWAY 20. PARAGUAY 21. POLAND 22. PORTUGAL 23. ROMANIA 24. RUSSIA 25. SLOVAK REPUBLIC 26. SLOVENIA 27. SPAIN 28. SWEDEN 29. SWITZERLAND 30. TURKEY 31. UKRAINE 32. UNITED STATES EXECUTIVE SUMMARY PREFACE Table of Contents Table 2 International Survey on Private Copying Law & Practice 2015 and research. interest rightholdersanduserswillprovide togovernments, avaluablesource ofinformation forpolicy developments up until October 2015 as well as revenue data until 2014. It is hoped that this survey will be of and otherstakeholders.This2015editionofthesurveycontainsinformationaboutlevysystemslegal to authors,performingartists,producers, publishers,usersofcopyrightworks,manufacturers, importers The publicationprovides transparent informationontheadministrationoflevysystemwithregard bodies. governmental European Commission, in studies of rightholders and users’ organizations alike and in the policy papers of as it has been in previous years as a reference for negotiations on levies, in background reports of the the importance of this source of income for all rightholders. It is hoped that the survey will be as useful their efforts toimprove insightintoglobalprivatecopyingcompensationsystems.Thesurvey demonstrates private copyingcollectingsocieties. The production ofthisrichandvariedcollectiondatawouldnothavebeenpossiblewithoutthesupport Thuiskopie, aswellbyrepresentatives ofWIPO. of Dr. JoostPoortoftheInstituteforInformationLaw(IVIR)andMarijevanderJagt,LL.M,legaladvisor and Wouter Klomp).Valuable project adviceandanalysiswere provided byasteeringcommitteeconsisting The taskofcompilingthisreport wasentrustedtoStichtingdeThuiskopie(specifically,Wijminga toHester Kingdom andNigeriaforthefirsttime. 24th editioncoverscountriesonalmostallcontinents,andincludesinformationSlovenia,theUnited system inplace.Overtheyears,scopehasbeenexpandedtoembracecountries outside ofEurope. This in neighboringcountries1991.ThesurveyquicklyexpandedtoincludeallEuropean countrieswithalevy Stichting deThuiskopiestartedcollectinglegalandpracticalinformationaboutprivatecopyingremuneration arsenals. developments intheprivatecopyinglawandpracticeofcountriesthathavesuchanexceptiontheirlegal infrastructure. It aims to facilitateevidence-based decision-making and to provide an update on important compensation (alsoknownasprivatecopyinglevies),animportantelementofcopyrightandrelated rights practice ofprivatecopyingsystemsaround theworld.Thesurveyprovides aglobalviewofprivatecopying remunerations, The World IntellectualProperty Organization(WIPO)andtheDutchcollectingsocietyforprivatecopying PREFACE 1

The surveycontains thecontactinformationofall participatingcollectingsocieties. Stichting de Thuiskopie,are pleased to present thethird jointpublication on thelaw and 1 Theauthorsare gratefultoallthesesocietiesfortheircooperationand International Survey on Private Copying 3 Law & Practice 2015 2 Methodology and Scope Introduction Participating countries Research method . One hundred and fifty hard copies of the survey have been distributed, and it copies of the survey have been distributed, and fifty hard Stichting de Thuiskopie. One hundred http://data.worldbank.org/, data retrieved 21 September 2015. 21 September http://data.worldbank.org/, data retrieved

2 In a number of countries, there is no active system of collection, although a private copying exception has is no active system of collection, although In a number of countries, there Belarus, for example. In other countries, such as Bulgaria, the This is true for for in law. been provided for collecting levies. Reasons for this for has been amended, leaving virtually no leeway exception provided these fulfill to authorized is that (CMO) organization management collective no is there sometimes vary: Private copying compensation systems are most common in Europe. Information about levies in 22 (of 28) most common in Europe. Private copying compensation systems are Russia and Switzerland, as is information on Norway, Union countries is included in the survey, European no private copying Luxembourg and Malta have Among EU member states, only Cyprus, Ireland, Turkey. an exception in 2014 envisaging an accompanying remuneration exception. The United Kingdom introduced for rightholders, however the legislation has been overturned in 2015. 2.2 the world. (32 chapters) across This edition covers information on private copying systems in 34 countries and Nigeria and a chapter on For the first time, this edition contains information on the United Kingdom Slovenia. The survey is an assembly of data delivered by collecting societies responsible for the administration of for the administration responsible by collecting societies delivered The survey is an assembly of data that covered questionnaire an extensive data was collected through private copying compensation. The of use private the for remuneration collecting and determining to relevant practice and law of aspects all data up to 2014 and information about levy systems and tariffs revenue works. The survey contains protected the edition. Each year, data have been added to the previous years of revenue up to October 2015. Two and experience gained from participants updated. Comments from and reviewed is thoroughly questionnaire and made more can be improved insights into how the questionnaire the information provide processing additional information and appropriate, in subsequent studies. When necessary which is reflected effective, response to with information submitted in compared requested. Replies are and clarifications have been population the regarding Information inconsistencies. possible address and to identify order in surveys earlier Bank data. World and income per capita of participating countries is taken from 2. 2.1 The data compiled in the survey is exclusively provided by participating collecting societies, which are entrusted are which societies, collecting participating by provided exclusively is in the survey compiled The data to The main objectives of the survey is private copying remuneration. with the collection and distribution of the world and collection systems around the function of private copying regarding facts and figures provide collected in remuneration trends the systems, legal various in exceptions copying private into insight afford to of income for creators. employed in collecting this important source on behalf of rightholders and practices to and possibly harmonize collection and distribution practices and helps to unify The survey supports efforts market conditions. in the various systems that may distort regular the differences reduce Previous editions were used as a reference in EU publications as well as by collecting societies and stakeholders and stakeholders societies collecting as by as well publications in EU used as a reference were editions Previous societies and to to all the participating collecting Physical copies have been distributed in private copying. WIPO websites of the on is available report globe. The the across institutions academic and research relevant and websites. the WIPO and Thuiskopie than 39,000 times from has been downloaded more 1. systems of key data on private copying compensation edition of a collection and analysis This survey is the 24th collaboration between the private copying of it is the result consecutive year, For the third the world. around Collection Society), and (Dutch Private Copying the Netherlands, Stichting de Thuiskopie collection body in Organization (WIPO). Property Intellectual the World EXECUTIVE SUMMARY EXECUTIVE 4 International Survey on Private Copying Law & Practice 2015 application ofthereproduction rightforactivitiesthatcanbe qualifiedas“privatecopying”becauseitis reproduction, provided thatthe conditionsofthethree-step-test are met.Manyjurisdictionslimitthe remuneration system. theexceptionofJapanandSouthKorea, nocountriesinAsiahaveestablishedaprivatecopying With Asia working onintroducing one. Burkina Faso,Nigeria,Côted’Ivoire andMorocco haveestablishedacompensationsystem,whileSenegalis Africa in thesurvey. Paraguay, EcuadorandPeruhavealegalcompensationsystemforprivatecopying.Paraguayhasparticipated South America (AARC) hasbeenincludedinthesurvey. conjunction withtheAudioHomeRecording Actof1992.TheAllianceArtistsandRecording Companies can onlycollectonaudiocarriers.TheUnitedStateshasaverylimitedsystemofprivatecopyinglevies, in than thoseofmostEuropean countries.InCanada,theCanadianPrivateCopyingCollective(CPCC/SCPCP) Compensation systemsexistinCanadaandtheUnitedStates,althoughtheseare more limited North America a meansofcompensatingrightholdersforprivatecopying. towardssome countriestoabandonlevysystemsaltogetherandturn state-fundedremuneration systemsas a hottopicfortheEuropean Commissionandsystemsare beingadaptedtothedigitalenvironment, leading (CJEU) hasdemarcated boundariesandclarifiedmanyissuesinthelastcoupleofyears.Copyright reform is There havebeenmanydevelopmentsinprivate copying intheEU.TheCourtofJustice of theEuropean Union paralyzed collectionanddistribution. functions (asinSlovenia);atothertimes,debateaboutthesystem,legalproceedings orcopyrightreform has 3 Convention The Berne 3.1 3. multitude ofverdicts issuedbytheEuropean CourtofJustice. of (theimportantpartsof)thesystemsisgreat significanceforthefuture oflevysystems,asisthe investigating theviabilityofmeasures thatwould furthertheapproximation andpossiblytheharmonization considerations. Therecent renewed interest oftheEuropean CommissionandtheEuropean Parliamentin and practicaldevelopmentsinthecountriesinvolved haveproceeded unaffected byanycross-border systems, buttheCommission’s efforts havenotyetresulted inlegislativeproposals. Onthecontrary, legal In Europe intheearly1990s,European Commissionattemptedtoharmonizeprivatecopyingcompensation mention onlyafew. methods ofreporting, legaltoolsformonitoringandenforcement andmethodsofsetting thetariff, to in keyareas suchastariff levels,theselectionofproducts thatcanbelevied,theliabilityofmarketplayers, the salespriceorasanexactamount.Thesurveyclearlydemonstratesthatsignificantdifferences mayoccur should paydirectly orindirectly forprivatecopying.Leviesonproducts are takeneitherasapercentage of consumers makecopies,orbythegeneralresources ofthestate.Eitherway, theintentionisthatconsumers of circumstances. Remuneration is funded either by importers or by manufacturers of devices on which The privatecopyingcompensationsystemsvarysubstantiallyacross theworldasaresult ofamultitude 2.3 http://www.wipo.int/treaties/en/text.jsp?file_id=283698. Main principles Main world the in systems of variety Large Legal background forprivatecopyingremuneration 3 allowsmemberstatesto provide forexceptionsandlimitationsto the rightof International Survey on Private Copying 5 Law & Practice 2015 4 6 although it has not led to any legislation; 7 This concept requires uniform interpretation, but uniform interpretation, This concept requires 5 Legal developments in the European Union Definition of private copying Ibid., para. 59. http://ec.europa.eu/internal_market/copyright/levy_reform/. 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, para. 2. http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62008CJ0467&from=EN,

to date, the aim is to make EU copyright law and practice fit for the digital age. The debate on levy systems to date, the aim is to make EU copyright law and practice fit for the digital stakeholder dialogue. will continue through this has not yet been achieved: is this harm to be interpreted economically as the harm associated with the economically harm to be interpreted this has not yet been achieved: is this for the additional private copies, or as the value consumers attach opportunities rightholders’ lost licensing the between necessary is a link that CJEU further held The copy? private a making of the possibility to equipment, reproduction to digital respect application of the levy intended to finance fair compensation with copying. devices and media and the deemed use of them for the purposes of private 7 4 5 6 The European Commission has been working on a review of the copyright framework for a long time. In of the Commission has been working on a review The European by the fostered mediation process 2012, the issue of private copying levies was the subject of an industry on this issue a report Vitorino delivered Commission and led by former Commissioner António Vitorino. Mr. in February 2013 which included a number of recommendations, 3.3 As online business models shift from ownership to access-based (streaming) models, the discussion will further ownership to access-based (streaming) As online business models shift from within online licensed services are be complicated by determining whether copies made in the cloud and from the busy further circumscribing the scope of the private copying exception. In the EU, the CJEU will be kept boundaries of private copying systems. After several judgments of the Court of Justice of the EU which clarified practical aspects of the implementation After several judgments of the Court of is now dominated by the private copying of levy systems, the national and international debate regarding to which rightholders have Case No. C-467/08 that the remuneration notion of ”harm”. The CJEU held in works of the criterion of the harm caused to authors of protected a claim must be calculated on the basis of the private copying exception. by the introduction 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 been uploaded without consent from music and films have sites and the like, where torrent newsgroups, exceptions to this rule: Russia, are usually not within the scope of the exception. There the rightholders, are and thus all copies of the copy, the source regarding a specific provision Switzerland and Canada do not have of the exception. made for private use fall within the scope A levy on objects used for copying was first introduced in Germany in 1966, replacing the exclusive 1966, in Germany in was first introduced A levy on objects used for copying 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 defined as any copy for non-commercial A private copy is usually acts of the various defintions set forth in the copyright the use. This survey provides his/her own personal countries 3.2 practically impossible to grant permission to large numbers of individuals, or to monitor how such permission how such permission or to monitor numbers of individuals, permission to large impossible to grant practically to the exclusive right found in an exception or limitation was In general, the solution is subsequently used. or for loss of revenues to authors and other rightholders was paid that fair compensation under the condition efficient mechanism the only copied. This is currently rightholder whose work had been harm caused to the works for private or domestic use. copying of their for the widespread creators for compensating 6 International Survey on Private Copying Law & Practice 2015 3.4 8 multifunctional deviceswere brought within thescopeofexception. thislawchange,devices such asmobilephones,tabletsandother subject toprivatecopyinglevies. With into force ontheJuly5,2015.Itamends theprevious privatecopyinglawby extending thelistofdevices The new Portuguese Law on Private Copy (Law No. 49/2015) was published on June 5, 2015 and entered 3.5.3. Portugal obtained from thesurveyandfrom Austro-Mechana. user organizationsandofthecollectivesocietyresponsible forcollectingthelevy. More informationcanbe copying andpublishtheirresults. Thelawalso establishesanadvisorycouncilcomposedofrepresentatives of collecting societiesmustascertaintheaccuracyofdata ontheactualuseofvariousmediaforprivate into force onOctober1,2015.Thesedevices were notpreviously subjecttolevy. Before claimingnewtariffs, A legalamendmentclarifyingtheclaimsfordigitalmedia, particularlyPCs,tabletsandsmartphones,willenter 3.5.2. Austria inJuly2015. overturned on whichithadrelied. Itwasheldthatthe government’s decisionwas unlawfulandthelegislationwas compensation system.Thecourtfoundthatthegovernment’s conclusionswere notjustifiedbytheevidence accept this, however, and applied for a judicial review of the decision to introduce the exception without a that theharmcausedbyscopeofdraftedexceptionwouldbeminimal.Musicorganizationsdidnot by compensationtorightholders,exceptwhereargued harmtorightholdersisminimal.TheUKgovernment Under European law–withwhichUKmustcomplyaprivatecopyingexceptionbeaccompanied provision foracompensationsystem. transfer ofcopiestoanotherpersonwasprohibited exceptonaprivateandtemporarybasis.There wasno permitted individualstomakecopiesofcontenttheyowned,includingmakinginthecloud.The A privatecopyingexceptionwasintroduced intheUnitedKingdom(UK)October2014.Theexception 3.5.1. UnitedKingdom 3.5 See chapter9.Annexforextensiveinformationonthesecases. 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-470/14 C-110/15 of thispublication theCJEUhadnotyetissuedjudgements. In theEGEDAand NokiaItaliacasespreliminary questionshavebeenreferred to theCourt,howeverbytimeof thecompletion Case No. Relevant Jurisprudence from the European Court of Justice of Court European the from Jurisprudence Relevant Highlights of other legal developments in specific countries specific in developments legal other of Highlights October 21,2010 June 16,2011 February 9,2012 June 27,2013 July 11,2013 April 10,2014 March 5,2015 October 14,2014 March 2,2015 Date Padawan vSGAE Opus GmbH Stichting deThuiskopiev Luksan/Van derLet VG Wort vKyocera Gesellschaft Amazon vAustro-Mechana Thuiskopie ACI Adam/Stichtingde Danmark Copydan Båndkopi/Nokia EGEDA Nokia Italia/SIAE Parties 8 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, Budget Compensation financedfromtheGeneralState professional use. Ex anteexemptionandreimbursementschemefor Issue International Survey on Private Copying 7 Law & Practice 2015 that downloading from an illegal source source illegal an from downloading that Thuiskopie v ACI Practical implementation of compensation systems It should be noted that the distinction between recording equipment and media has become increasingly equipment and media has become increasingly It should be noted that the distinction between recording disks as Austria and France), hard in the last years. In some countries with a media levy system (such blurred disks qualify as set-top boxes and TV sets with integrated hard in equipment such as audio-visual recorders, is a memory unit (flash memory card) “blank media”. A comparable example is found in countries where device and sold together with the device, although no compensation levied only when used in a recording like tablets, mobile Multifunctional devices is due for the device or for the memory unit if sold separately. in resulting developments Technological systems. the in included increasingly are players media and phones in the cloud work stored creative connected living and the possibility of sharing, viewing and consuming any scope, level and applicability of the or on a single device in the home make negotiating and determining the In some jurisdictions, the compensation system applies to recording equipment and media. In other In media. and equipment recording to applies system compensation the jurisdictions, some In limited to blank media. jurisdictions, such as Canada and Denmark, levies are 4. individuals, the most from of efficiency and given the impossibility of collecting compensation For reasons traders, and sometimes professional common system is one under which importers and manufacturers, equipment or media used by individuals for their private to recording to pay levies that apply required are as “liable parties” in the survey). indicated purposes (all parties that can be charged for the compensation are In Europe, of the levied products. It is assumed that levies will consequently be included in the sales price consumers in the sales price as a way of that the levy be made visible to Parliament proposed the European transparency. achieving more A remuneration scheme with levies was introduced by the Nigerian Copyright Act 2004, and the order order by the Nigerian Copyright Act 2004, and the was introduced scheme with levies A remuneration are the Attorney for the implementation of the scheme has since been made by General. The tariffs required distribute and collect will COSON device. or media storage the on depending order, the in specified already has not yet been activated, so The scheme reprography. music, films and to all rightholders in remuneration the time being. for to report is no revenue there 3.5.7. Nigeria 3.5.7. as Commission Copyright Nigerian the by approved is (COSON) Nigeria of Society Copyright the Nigeria, In sound recordings. the sole CMO for musical works and The Ministry of Culture will be responsible for the allocation of fair compensation to collective management for the allocation of fair compensation to collective management will be responsible The Ministry of Culture distributed to rightholders. The Ministry will also assume responsibility organizations (CMOs), to be further A consultative committee will be established to assist the Ministry for conducting surveys on private copying. in designing the studies. 3.5.6. Finland 3.5.6. by a state- has been replaced the levy system place in Finland, where The most radical change has taken of a new financing system for fair compensation. The collection funded system. The amendment introduces by annual state will be replaced consumers, which had been applied since 1984, device-based levies from to fair compensation was of the Copyright Act pertaining the provisions budget financing. The bill to amend 2015. 1, January on force into entered and 19, 2014 December on Republic the of President the by ratified Starting in be 11 million euros. the state budget in 2015 and 2016 will The annual fair compensation from private copying. annually based on the development of 2017, the situation will be reviewed 3.5.5. Italy 3.5.5. July 7, as from Heritage of June 20, 2014 (effective and National of the Minister of Culture By the Decree was fixed for some. adjusted and a maximum amount levies were 2014), almost all Italian was not within scope of the Private Copying Regulation. In the past, the Dutch government of the Private Copying Regulation. was not within scope always taken had copying also within the scope of the private by a consumer was illegal sources from the view that copying As of January of rightholders has always been illegal. works available without the consent exception. Making by 30%. levies copying lowering private Justice for State Secretary the by was issued decree a new 1, 2015, was refund) and upfront (both exemption use professional The introduced. also was e-readers on levy A and devices. extended to all media 3.5.4. The The Netherlands 3.5.4. in ruled of Justice Court European the 2014, April In 8 International Survey on Private Copying Law & Practice 2015 creative worksatanyplaceandtime. levies more complex.Allthesame,thisshowsincrease inpossibilitiesandopportunitiestocopyenjoy Table 1: as negotiationplatforms(andsometimesadvisethelawmaker). industry). Finally, insomecountries,tariffs are whichact setbyspecialbodiesappointedthegovernment societies administeringthelevies)andindustry(importers/manufacturers ofconsumerelectronics andtheIT (lawmaker, ministry, designatedpublicbody)oraprocess ofnegotiationbetweenrightholders(i.e.collecting Roughly speaking,tariff-setting canbedistinguishedasbeingeitheramatterofdirect stateintervention subsequently setsthetariffs. levied andforsettingthetariffs. Often,thesespecialbodiesare which appointedtoadvisethegovernment, where are specialbodiesappointedbythegovernment responsible forselectingtheproducts thatcanbe the scopeofcompensationsystembasedonrightholders’claims.Athird variationisfoundincountries Inothercountries,courtsdetermine exception, issometimesamatterforthelegislatororgovernment. Determining which products should be levied, or whether they are within the scope of the private copying rightholders andimporters/manufacturers; andacombinationofthelattertwosystems. in whichthelawmakersetstariffs; negotiationsystemsinwhichtariffs are setthrough negotiationsbetween differentiation canbemadebetweenstate-fundedsystemswithnotariffs; direct stateinterventionsystems The surveyreveals thattariff-setting candiffer considerablyamongjurisdictions.AsTable 1shows,a 4.1 European countriesappeartoprefer fixedtariffs. survey. Percentage tariffs areEuropean usedinseveralEastern countries andintheUnitedStates.Western levels. Table 2givesanoverviewof(therangeof)percentage tariffs applicable inthecountriesincluded percentage ondevices.Thedifferent tariffs are presented separatelytoprovide anunderstanding oftariff amount ofthelevy. TheCzechRepublic,LatviaandLithuaniacombinefixedtariffs on blankmediawitha tariffs, countries canalsoapplyatariff basedonapercentage ofthesalesorimportpricetodetermine Countries commonlyapplyafixedtariff directly tofixed related tothecapacityofobjects.As analternative 4.2 special government-appointedbody rightholders ornegotiationstakeholdersin Set bylaw/governmentafterproposals Negotiation industriesandsocieties Direct stateintervention State-funded system(notariffs) Tariff/levy setting Tariff/levy Difference in tariffs in Difference Tariff-setting models Models Sweden, Switzerland Belgium, Canada,France,Hungary, Latvia,Netherlands,Romania, Austria, Croatia,Germany, Japan Slovenia, Turkey, USA Lithuania, Norway, Paraguay, Poland,Portugal,Russia,SlovakRep., Czech Rep.,Denmark,Estonia,Finland(untilDec.31,2014),Greece,Italy, Norway, Spain,Finland(asofJan.1,2015) Number ofCountries International Survey on Private Copying 9 Law & Practice 2015

Average 0.14 0.31 5.56 6.76 3.65 9.06 0.14 0.29 5.72 7.45 9.82 6.36 11.32 23.33 10.39 22.30

Switzerland 0.08 0.25 4.18 2.25 2.82 0.08 0.26 3.88 2.92 2.33 36.20 32.29

Sweden 0.06 0.28 8.56 0.88 8.56 0.06 0.28 8.56 3.00 8.56 1.71 34.14 34.24

Portugal 0.05 0.14 0.05 0.14

Netherlands 0.03 0.03 1.00 2.00 5.00 5.00 5.00 5.00 0.03 0.03 1.00 2.00 5.00 5.00 5.00 5.00

Italy 0.15 0.41 6.44 2.40 1.90 0.90 0.10 0.20 6.44 5.20 4.00 4.00 10.00 14.81 10.00 14.81

Hungary 0.14 0.24 7.33 0.14 0.24 7.33 13.32 23.97 15.98 13.32 19.00 10.67 10.67

Germany 0.06 0.27 5.00 0.06 0.27 5.00 17.00 17.07 34.00 36.00 17.00 13.19 34.00 36.00 15.19

France 0.35 0.90 8.00 8.40 0.35 0.90 8.00 8.40 20.00 12.00 45.00 20.00 12.00 45.00

Finland 0.20 0.20 7.00 0.20 0.20 7.00 18.00 25.00 18.00 25.00

Denmark 0.30 0.48 0.31 0.49 Percentage of levy on blank media and devices Percentage of levy on Croatia 0.01 0.02 0.26 1.83 0.78 5.22 1.31 0.01 1.83 0.02 0.26 1.83 0.78 5.22 1.31 1.83

Canada 0.21 0.21

Belgium 0.12 0.40 6.75 2.50 0.12 2.50 2.50 0.40 6.75 2.50 2.50 2.50 10.75 10.75 Fixed amount on blank media, 0.75% to 3% on devices Fixed amount on blank on devices 8% on blank media, 3% 6% on all products/devices on devices (audio only) 3% on blank media, 2% media, fixed amount on devices 4%/6% on flash/blank amount on devices 6% on blank media, fixed 3% Ranging from 0.05% to 3% on blank media, 0.5% on devices 1% (of production price) 6% on blank media, 3% on devices 3% on blank media, 2% on devices Austria 0.24 0.36 6.00 0.24 0.36 6.00 24.30 22.50 15.00 12.00 20.00 18.00 12.00

Country Fixed tariff for eight standardized media types and devices in 14 countries (in euros) Fixed tariff for eight standardized media Overview of countries that apply a percentage as tariff a percentage as of countries that apply Overview CD (700 Mb) DVD (4.7 GB) External HDD (1 TB) MP3 Player (8 GB) PC (500 GB) Set-top box (500 GB) CD (700 MB) Smartphone (16 GB) Tablet (16 GB) Tablet 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

Czech Republic Estonia Greece Japan Latvia Lithuania Poland Romania Russia Slovak Republic USA 2013 2014 Table 3: Table Table 3 below shows the fixed tariffs in 14 countries for 8 standardized media types and devices for 2013 to media types and devices for 2013 to 14 countries for 8 standardized in 3 below shows the fixed tariffs Table average of all countries which have a levy on that specific media type 2015. The last column gives the simple obvious that average in calculating this average. It is readily ignored empty cells are or device. Put differently, levy abolished its Finland mentioned, previously on blank media. As on devices than much higher are levies the can be seen in Austria, Portugal and Sweden, where opposite trend on media as of January 1, 2015. An only on levies countries have Nowadays, few 2013 and 2015. between increased devices leviable range of 3, this is true only for Denmark and Canada. In contrast, Austria, Table blank media: among the countries in Sweden imposed a levy on a wide the Netherlands and Italy, Hungary, France, Germany, Belgium, Croatia, set of devices and media. Table 2: Table 10 International Survey on Private Copying Law & Practice 2015 − − user andnoprivate copyingistakingplace. reproductions where alicense wouldberequired. Insuch cases,products canbesoldtoaprofessional end for instance, for the storage of professional data (blueprints, software and manuals), or for professional Blank mediaanddevicescan beusedforpurposeswhollyunrelated totheprivatecopying exception, 5.3 *Finland: State-fundedsystemasof2015.Before 2015,there wasarefund system. Table 4: collecting societyorarefund request. society. Finally, somecountrieshavemultiplepossibilities:exemption upfront viaanagreement withthe home country. Inthesecases,levies on exportscanoftenberecuperated inthenextreport tothe collecting Some countriesdonothavearefund systeminplace;theexporterisonlyrequired toreport goodssoldinthe buy withinhiscountrywithoutleviesandnorefunds are payableuponexport. importer and/orthecollectingsociety, which canincludeanupfront exemptionsuchthattheexportercan export. Anotherpossibilityisacontractualrelationship betweenanexporter(oftenawholesaler)and Usually, theexportercanrequest arefund from thecollectingsocietyifhecanshowproof oftheactual systems existforrefunding theleviesthathavealready beenpaidonaproduct whichislaterexported. For thisreason, ifleviableproducts are exported,theexporteditemsare exemptedinmostcountries.Different country; rightholderswhoseworkshavebeencopiedinthatspecificcountryarighttobe remunerated. The levies/remuneration are intendedascompensationforprivatecopyingactsbyconsumersinacertain 5.2 − Regarding thelimitstopaymentliability, thefollowingissueshavebeen identified: 5.1 5. Table 3: 2015 No refundand/orexemption Upfront exemption importer areexemptedupfront) Exemption withrefund(butexportsbymanufacturer/ − − −

Who isliableforpaymentincross-border sales? Is thelevypayablewhenproducts are usedinaprofessional context? What system,ifany, shouldbeappliedtorefund levieswhenproducts are exported? Professional use and reduced liability reduced and use Professional payment from exemption and Exports Introduction Tablet (16GB) Smartphone (16GB) Set-top box(500GB) PC (500GB) MP3 Player(8TB) External HDD(1TB) DVD (4.7GB) CD (700MB) Liability Fixed tariffforeightstandardizedmediatypesanddevicesin14countries(ineuros)(continued) Exports

Models

12.00 18.00 20.00 12.00 15.00 6.00 0.36 0.24 Austria

10.75 2.50 2.50 2.50 6.75 0.40 0.12 Belgium

0.21 Canada

1.31 1.31 5.22 0.78 1.83 0.39 0.02 0.01 Paraguay, Poland,Turkey, USA Slovak Republic,Sweden,Netherlands Canada, Croatia,CzechRepublic,Germany, Greece,Japan,Romania, Lithuania, Netherlands,Portugal,Russia,Switzerland Austria, Belgium,Denmark,Estonia,France,Hungary, Italy, Latvia, Croatia

0.50 0.31 Denmark Finland

45.00 12.00 20.00 8.40 8.00 0.90 0.35 France

15.19 36.00 34.00 13.19 17.00 5.00 0.27 0.06 Germany

10.13 10.13 19.00 13.20 Countries 6.68 0.24 0.14 Hungary

14.81 10.00 4.00 4.00 5.20 6.44 0.20 0.10 Italy

3.50 3.50 3.50 3.50 1.40 0.70 0.02 0.02 Netherlands

1.92 1.92 8.00 2.00 1.60 4.00 0.10 0.05 Portugal

34.24 1.71 8.56 3.00 8.56 0.28 0.06 Sweden

37.20 2.30 1.23 4.46 0.30 0.10 Switzerland

21.07 5.72 8.66 6.46 5.22 8.91 0.30 0.14 Average International Survey on Private Copying Law & Practice 2015 11 Court cases resulting from Padawan from Court cases resulting 10 11 The Court ruled that the state that has a private copying exception in the law in The Court ruled that the state that has 12 and questions have been referred to the CJEU (C-470/14). and questions have been referred 9 Collection and distribution Collection process Online sales and cross-border liability 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 […] it is for the Member State which has introduced which of the territory and on works, protected of reproduction for media of importer or manufacturer there who reside by purchasers the harm caused to authors by the use for private purposes of their work them to compensate intended compensation fair the receive actually those authors that ensure to occurs, for that harm. http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62015CN0110&from=EN. http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62009CJ0462&rid=1. http://www.authorsocieties.eu/library/15/32/GESAC-complaint-against-spain-on-private-copying. http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62014CN0470&rid=1.

− − −

In this case, the court in the Netherlands – the country of residence of the consumer, where a private copying where the consumer, of In this case, the court in the Netherlands – the country of residence in Germany. the seller of the levy from recovery compensation system is in place – was asked to ensure conjunction with a levy system should ensure that the levy is paid. The judgment states: ensure conjunction with a levy system should In some countries, systems exempting professional users were adapted to implement the latest case law. to implement the latest case law. adapted users were professional In some countries, systems exempting use is exempted, countries implement in the case of exports, if professional used Similar to the procedures (in the law or via contractual arrangements with the collecting exemption system or an upfront a refund users (e.g. hospitals or government institutions). The question of whether the society) for specific professional arrangements as opposed to in the law itself has been brought via contractual exemption can be regulated (C-110/15). the CJEU in Nokia Italia v SIAE before are ongoing in many European countries to this day. ongoing in many European are 12 9 10 11 6.1 Collecting societies appointed by the governmentprivate copying remunerations. or by rightholders collect of such a collecting whole variety of rightholders, and often the board of the They must be representative This section discusses the following issues: − 6. − − Nowadays, many of the levied products are bought online and sometimes the seller is located in another another located in seller is sometimes the and bought online are levied products of the Nowadays, many is no such system at all. Of particular is in place or there private copying system a different where country, in CJEU the of judgment the is jurisdictions, other for interesting also but states, member EU for relevance Thuiskopie v Opus (2011). 5.4 has led to follow-up cases in national jurisdictions and new cases before the CJEU to clarify the jurisdictions and new cases before Padawan has led to follow-up cases in national media and devices, was the abolition of a system of collecting through In Spain, the result ruling further. amount determined annually by the governmentleaving Spanish rightholders with an based on the harm European the with complaint a lodged have rightholders European copying. private by rightholders to caused Commission (October 21, the CJEU ruling in Padawan v SGAE dramatically within the EU following The situation changed types of digital of the private copying levy to all that the indiscriminate application 2010). The court ruled by persons cases in which such equipment is acquired devices and media, including equipment, reproduction 2001 the with incompatible is copying, private to unrelated clearly purposes for persons natural than other (or “Copyright”) Directive. Information Society In some countries, products sold to professional users are exempted from the payment of the levy or liable of the levy the payment from exempted users are sold to professional products In some countries, use is professional however, systems, mutualization In the case of so-called to a refund. entitled parties are to be paid on all sales. tariff flat-rate Without this approach, in a reduced resulting tariff, incorporated in the exempted countries, some In copying. private for destined products for higher been have would tariff the coexist. liability and mutualization 12 International Survey on Private Copying Law & Practice 2015 producers andperformingartists)forfurtherdistributiontoindividualrightholders. of rightholders(distributingorganizations)representing thevariouscategoriesofrightholders(authors, distribution isdoneinstages.Thesocietyresponsible forthecollectionallocatesfundstoorganizations rightholders –thisisthecaseifmultiplecollectionsocietiesoperateonmarketbutinmostcases, Distribution followsamore complicated scheme. Somecollected funds are distributeddirectly toindividual have joinedthesurvey. is thecaseforCzechRepublic,Greece andtheSlovakRepublic.Itshouldbenotedthatnotallsocieties specific group ofrightholdersandmultiplesocietiescollect remunerations onbehalfoftheirrightholders.This and otherliablepartiesare required toreport. Insomecaseshowever, thecollectionsocietyonlyrepresents a In almost all countries, collection is done exclusively by one collecting society to which importers, manufacturers like). society consistsoftherepresentatives ofvariousrightholders(authors,performingartists,producers andthe culture thrive,asinFrance, where thefinancialinputisconsiderable. Ontheother, artistsenjoymore security valuable forrightholders,particularly becauseofitsimpactonsocialconditions.On theonehand,artsand cultural diversity and growth withinthesector. Thiscollectiveaspectofprivatecopyingcompensation isvery The fundsallocatedtothe development oftheartsandtoculturaleventsare substantial, contributingto government. the cases,asinTurkey, inwhichthedestinationofprivatecopyingremunerations isdeterminedbythe can sponsoractivitiesoreventsthathelptheirspecific categoryofrightholders.Thisapproach differs from the money is spent. If the collecting society does not deduct cultural funds, the distributing organizations many cases,rightholdersare membersofthe selectioncommitteesandtheirvoteiscrucialindecidinghow Often aseparatefundiscreated toselectcultural eventsorprojects thatwillreceive financialsupport.In purposes bytheMinistryofCulture. percentages varyfrom 10%to100%,thelatteronly inTurkey, where leviesare usedentirely forcultural funds thatare allocatedtopromoting theculture ofsocietyandimproving thepositionofrightholders.The funds forartists.Inmostcases,thelawdeterminesthese percentages. bodieswelcome Culturalgovernment average ~30%.Theseculturalfundsare intended forthepromotion ofyoungartistsortofeedpension In themajorityofparticipatingcountries,apercentage isdeductedforsocialandculturalpurposes,on 6.3 monies were received. distribution. Somecountries(likeSwitzerland)haveadistributionschemeforeachleviedproduct for which multifunctional andallworkscanbedigitized,theactualcopyingbehaviorbecomesmore important for research onthetypeofworkscopied on thevarious media. Asthe levied products becomeincreasingly The firststep,allocatingcollectionstoacategoryofcopiedworks,isusuallybasedonthe results ofmarket works impliesthecreation ofnewschemesfordistributiontotheserightholders. to remunerate copyingofalldigitalworks,andrelatively newdigitalcontentlikee-booksandotherwritten performing artists(actors,dancers).Theintroduction ofleviesonmultifunctionaldevicesmakesitpossible rightholders are authors(directors, screenwriters, musicauthors,andliteraryauthors),producers and within them.Distributiontoaudiorightholdersissplitbetweenauthors,performersandproducers; video interactive works. Theamountsallocated to thesecategories are divided amongst thegroups ofrightholders Usually, thetotalamountcollectedisfirst splitbetweencategorieslikeaudio,video,writtenworksand the government. between thedifferent groups ofrightholders.Insomecases,theresults mustbevalidatedorapproved by Where thedistributionschemeisamatterforrightholders,shares are establishedinnegotiations by law, ministerialdecree orotherstateintervention. distribution toindividualrightholders,followsschemesdeterminedeitherbyrightholders’organizationsor Distribution to different categories of rightholders, represented by collecting societies responsible for 6.2 Social and cultural deductions cultural and Social schemes Distribution International Survey on Private Copying Law & Practice 2015 13 As is shown As is 15 Determined by Law Law Law, music rightholders Law, Rightholders Law Law Law Law Law, rightholders Law, Performing artists Law Music authors Law Rightholders’ organizations Law Law, authors and artists Law, Rightholders’ organizations Law Law – rightholders Rightholders’ organizations Law % Social and cultural purposes 50% 50% 30% 0% 33% 10% 50% video, 35% audio 25% 7% national cultural fund 3% Artisjus fund 50% video 20% 10% 25% Max. 15% 10% 10% Yes 20% Max. 20% 10% 100% 13 Table 7 shows the relative development over these eight years and in the last year. years and in the last over these eight development 7 shows the relative Table 14 Social and Cultural deductions Social and Cultural Revenue trends Country with social and cultural funds 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 units. or decline in local currency the growth from can differ http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62011CA0521&rid=1, para. 3. http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62011CA0521&rid=1, using official annual into euros units, they have been converted stated in local currency countries are for non-euro When revenues on October 5, 2015). These Bank at http://data.worldbank.org/ (data retrieved the World average exchange rates obtained from sheets of this report. in the country also reported and the annual average exchange rates used are in euros revenues  

Austria Burkina Faso Croatia Czech Republic Denmark Estonia Finland France Hungary Italy Japan Latvia Lithuania Netherlands Nigeria* Paraguay Poland Portugal Russia Switzerland Turkey 14 15 13 7. for 2007-2014 for each of the countries for which data are in euros the total revenues 6 provides Table available. * Nigeria not yet operational. Belgium, Canada, Germany, Greece, Norway, Romania, Slovak Republic, Slovenia, Spain, Sweden and Romania, Slovak Republic, Slovenia, Spain, Sweden Norway, Greece, * Nigeria not yet operational. Belgium, Canada, Germany, the United States have no social and cultural deductions. Table 5: Table case, the legitimacy of social and cultural deductions with deductions and cultural of social the legitimacy case, v Austro-Mechana CJEU Amazon 2013 In the cannot compensation fair to right that the held The CJEU questioned. was compensation fair the to regard are levy or compensation such of way by received funds the of half that fact of the reason by excluded be rather of those entitled to such compensation cultural institutions set up for the benefit paid to social and actually benefit those social and cultural establishments that those those entitled, provided to than directly which not discriminatory, of such establishments are arrangements for the operation entitled and the detailed court to verify. it is for the national in old age, as in Germany, where pensions for creators receive substantial contributions from private copying private copying contributions from substantial receive for creators pensions where as in Germany, in old age, income. at the bottom of Table 6 and in Figure 1, total revenue has increased over the years from 598 million euros 598 million euros over the years from has increased 1, total revenue 6 and in Figure at the bottom of Table with is somewhat volatile, however, revenue in 2014. Total in 2007 to an all-time high of 804 million euros 14 International Survey on Private Copying Law & Practice 2015 Table 6: survey. outtoberesponsible Overtheyears,theseturn forafairly stable84%to92.5%oftotalrevenue. The last two rows of Table 6 andthered line in Figure 1 give aggregate revenues for the EU countries in the that are smallerinabsolutetermstendtovarysubstantially. system wasreplaced byamuchmore soberstate-financedsystemin2012.Inaddition, revenues incountries the introduction ofleviesonseveralmorerecording modern devices.Conversely, inSpain,theexistinglevy a majorrestructuring ofthelevysystemas2013,whichinvolvedadrop intheleviesonblankmediaand absolute andinrelative termsare Spain,RussiaandtheNetherlands.InNetherlands,thisisresult of increase wasrecorded from 2007to2014.Examplesofothercountriesthatshowsignificantchangesbothin levy system.Table 7showsthat,between2013and2014,Germanrevenues almosttripled, while an89% in 2009and2010,butrevenues dropped toamere )15millionin2011duetonationallitigationaboutthe largest revenues in 2014: By far the largest contributor to the volatility of total revenues is Germany. Germany was the country with the years. from Figure 1,inwhichthedashedyellowlineexcludescountriesfordataismissingoneormore missing valuesinthedata,ascanbeseenfrom theline“Total excludingincompletes”inTable 6,aswell strong increases in 2009, 2013 and 2014 and a significant decrease in 2011. This cannot be explained by Switzerland Sweden Spain Slovenia Slovak Rep. Russia Romania Portugal Poland Norway Netherlands Lithuania Latvia Japan Italy Hungary Greece Germany France Finland Estonia Denmark Czech Rep. Croatia Canada Burkina Faso Belgium Austria Country Total revenues(incurrent€) 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 20,206,899 20,081,280 16,413,000 5,752,919 4,290,581 5,352,136 5,224,634 903,677 812,193 283,452 284,624 84,423 22,894 2007 n/a n/a n/a - - €281 million, comprising over a third of total revenues. Germany also came in first 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 18,152,725 15,608,627 13,213,000 4,594,998 4,906,569 8,476,274 5,860,862 8,810,308 1,380,286 977,373 302,242 801,650 601,625 524,486 228,500 2008 n/a n/a - - 289,978,000 172,361,311 16,133,395 12,609,229 79,080,032 14,885,000 19,084,892 44,527,702 14,722,957 13,120,350 11,699,000 3,633,984 2,508,799 4,954,248 8,942,092 8,799,293 5,382,158 7,394,248 1,944,318 621,116 502,789 711,011 358,426 153,055 120,096 2009 n/a - - 244,021,000 188,737,396 11,827,635 82,176,345 10,820,000 25,360,171 51,802,831 11,764,034 27,020,734 9,889,162 2,359,418 1,891,712 5,215,686 9,485,541 6,478,600 5,043,243 2,854,806 1,602,780 9,907,000 691,843 952,484 970,012 102,534 203,761 778,200 686,122 2010 n/a - 192,780,541 61,709,742 17,094,833 25,489,320 84,009,114 10,326,534 14,782,000 24,252,413 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 4,579,148 3,178,417 1,252,109 7,936,679 1,181,691 7,838,000 382,748 102,534 223,141 2011 n/a - 173,877,725 27,276,782 71,738,387 12,570,229 74,117,000 23,827,891 6,536,730 6,601,037 5,000,000 2,001,662 1,179,084 1,642,848 5,675,556 5,376,000 8,859,631 1,972,906 7,073,300 4,482,595 3,369,593 1,042,851 6,405,325 5,787,000 433,088 207,989 245,699 895,817 24,883 2012 - 102,546,000 226,448,000 10,985,056 80,478,162 30,831,000 67,086,699 19,468,925 24,405,986 5,934,799 5,000,000 2,533,338 2,118,237 5,438,514 1,493,998 2,642,206 6,407,100 4,170,108 3,354,478 1,153,765 4,586,876 5,985,447 409,899 880,490 267,481 297,665 23,993 2013 n/a - 281,204,000 228,293,000 11,467,428 13,066,866 52,543,705 35,795,000 77,986,505 27,950,012 32,406,669 5,000,000 3,370,395 1,531,470 5,074,137 2,808,503 4,878,300 3,833,572 3,524,442 1,116,122 3,514,089 6,303,356 700,702 680,209 253,611 437,866 336,654 9,438 2014 n/a - International Survey on Private Copying Law & Practice 2015 15 n/a 30.7% 90.9% 350,000 804,436,053 795,632,083 731,233,083 n/a 33.9% 84.0% 700,000 615,648,223 606,952,377 517,015,874 -8.5% 87.6% 58,938 1,500,000 459,780,545 449,623,689 402,571,766 86.6% -29.6% 186,438 1,800,000 502,728,749 492,646,198 435,358,754 -2.7% 92.0% 129,644 5% 5% 1% 6% 0% 0% 1,500,000 -3% -8% -7% 33% 13% 44% 16% 16% 64% 33% 71% 19% 93% 31% 31% 41% -23% -61% -24% -83% -28% -23% -35% 174% 714,272,695 705,771,231 656,836,918 2013-2014 n/a n/a 25.0% 92.5% 734,227,501 728,650,368 679,332,009 0% n/a n/a n/a -4% 61% 40% 89% 10% 86% 35% 33% 33% -62% -83% -28% -33% -97% -69% -98% -46% -64% -88% -22% -88% -32% 292% 142% 1370% 3227% 2007-2014 n/a n/a -1.8% 89.5% 587,333,613 586,802,871 525,656,940 n/a n/a 91.8% 597,966,850 597,683,398 548,903,026 Country Total revenues (in current €) (continued) revenues (in current Total Revenue growth/decline Ukraine United States Total Total excluding Total incompletes Austria Belgium Canada Croatia Trend Total EU Total Denmark Czech Rep. Estonia Finland France Germany Greece Hungary Italy Japan Netherlands Norway Latvia Lithuania EU/Total Poland Portugal Romania Russia Slovak Rep. Slovenia Spain Sweden Switzerland Total excluding incompletes Total EU Total Table 6: Table Note: “n/a” = no percentage change can be calculated. No growth figures available for Burkina Faso, Paraguay, Turkey, Ukraine and Turkey, available for Burkina Faso, Paraguay, figures growth change can be calculated. No Note: “n/a” = no percentage the United States. Table 7: Table Note: “n/a” = no revenue figures available; “-” = no revenues. No revenue figures available for Paraguay and Turkey. for Paraguay and available figures revenue No revenues. = no available; “-” figures Note: “n/a” = no revenue 16 International Survey on Private Copying Law & Practice 2015 Figure 1: 16 the World Bank. Table 8showsthetotalrevenues percapitayearcalculatedusingannualpopulationdataretrieved from • • • • measure ofthespread betweencountriesintherevenues percapita: The last six rows in Table 8 give average revenues in the participating countries and standard deviations as a in Germany2014. http://data.worldbank.org/, dataretrieved onSeptember 21,2015. € € € € € € € € € 100,000,000 100,000,000 200,000,000 300,000,000 400,000,000 500,000,000 600,000,000 700,000,000 800,000,000 900,000,000 (2001/29/EC) andanumber ofimportantCJEUrulingsonprivatecopyingleviesover thelastfewyears. subsample isevenmarginally larger, despitetheshared legalframeworkoftheCopyright Directive or divergence.Infact,acomparison betweenthelasttworows reveals thatthe spread withintheEU spread in the revenues percapitafluctuatesover theyearsandshowsno clearindications ofconvergence entire sampleandthenfortheEUcountries inthesample.Thevaluestheserows illustratethatthe The twobottomrows givetheunweightedstandard deviationoftherevenues percapita,firstforthe and adipin20112012. thatresemblesThese EUaveragesfollowapattern Figure 1,with anetincrease between2007and2014 these tworows are relatively smallandonlycausedbypartiallymissingdataforEstoniaRomania. sample, andthefourthrow excludescountriesforwhichanyone yearismissing.Thedifferences between The third of the bottom rows provides the (population-weighted) average for the EU countries in the in 2011-2012,whichcanlargelybeascribedtoGermany. the USandUkraine.Thismetricincreased from €0.84in2007to1.112014,withasignificantdip revenues percapita,theeffect issubstantialduetopartiallymissingdataforpopulouscountries suchas that thisexclusiondidnotchangemuch(seetheblueversusdashedyellowlineinFigure 1),butfor averages, whileexcludingcountriesforwhichanyoneyearismissing.Fortotalrevenues, itwasshown To gainabetterunderstandingofglobaltrends inpercapitarevenues, thesecondrow givesthese each specificyear. Itrangesfrom €0.41to0.99;in2014itwas0.75. In thefirstofthese,population-weightedaverage,encompassesallcountrieswithdataavailablefor Total revenuesforallcountriesindataset,totalexcl.incompletesandEU € - 16 Revenuespercapitarangefrom lessthan€0.01intheUnitedStatesandUkraineto3.48 2007 Total revenues surveyed countries 2008 2009 2010 2011 Total EU Total 2012 Totalexcluding incompletes 2013 2014 International Survey on Private Copying Law & Practice 2015 17 - n/a n/a 1.15 1.07 1.97 1.87 1.11 0.75 0.00 1.40 1.35 0.11 0.13 0.37 0.17 0.07 0.04 0.99 2.12 0.96 0.22 0.00 1.27 2.83 0.03 3.48 3.45 0.89 0.01 0.68 0.34 0.26 0.10 2.89 0.74 2014 - n/a n/a 0.88 0.82 1.51 1.44 0.85 0.58 0.00 0.73 1.14 0.11 0.08 0.56 0.13 0.08 0.06 1.07 1.83 0.89 0.13 0.01 1.11 1.97 0.03 1.27 3.43 1.18 0.02 0.74 0.32 0.27 0.13 2.18 0.71 2013 - 0.70 0.65 1.13 1.08 0.64 0.41 0.00 0.00 0.82 0.69 0.11 0.08 0.19 0.10 0.11 0.04 1.13 0.32 0.66 0.10 0.07 1.20 1.27 0.02 0.92 2.65 1.31 0.02 0.80 0.32 0.24 0.18 0.05 2.14 0.69 2012 - n/a 0.76 0.70 1.24 1.18 0.70 0.45 0.01 0.00 1.05 0.89 1.32 0.07 0.12 0.08 0.22 0.05 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 2011 - n/a 0.92 0.86 1.76 1.68 0.99 0.64 0.00 0.00 1.51 1.05 1.76 0.13 0.01 0.05 0.22 0.05 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 2.47 1.18 2010 - - n/a n/a n/a 0.90 0.88 1.81 1.72 1.02 0.99 2.08 1.36 1.71 0.12 0.02 0.34 0.07 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 2009 - - n/a n/a n/a n/a 0.74 0.82 1.45 1.38 0.82 0.80 2.93 1.56 1.31 0.18 0.01 0.44 0.13 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 2008 - - n/a n/a n/a n/a n/a 0.89 0.87 1.49 1.48 0.84 0.84 1.58 2.09 0.90 0.17 0.55 0.11 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 2007 Country ) (in current € in participating countries per capita revenues 8: Total Table Standard dev. EU (unweighted) Standard dev. Standard deviation (unweighted) Average EU excluding incompletes Average Average EU Average Average excluding incompletes Average Average (population weighted) Average United States Ukraine Switzerland Sweden Spain Slovenia Slovak Republic Russia Romania Portugal Poland Norway Netherlands Lithuania Latvia Japan Italy Hungary Greece Germany France Finland Estonia Denmark Czech Republic Croatia Canada Burkina Faso Belgium Austria Note: “n/a” = no revenue figures available; “-” means no revenues. No revenue figures available for Paraguay and Turkey. available for Paraguay and revenue figures revenues. No available; “-” means no figures Note: “n/a” = no revenue sorted by value. These values per capita for each participating country, the 2014 revenues 2 presents Figure levies copying private highest the collected Germany 2014, In 8. Table in column rightmost the to correspond the give lines Dashed Hungary. and Belgium by distance some at and France by followed closely capita, per bars. by grey depicted are countries average. Non-EU the EU average and sample (population-weighted) tariff-setting between relation clear no suggests 1 Table in information the with 2 Figure of comparison A Table 8: Table 18 International Survey on Private Copying Law & Practice 2015 Figure 2: per capitaandincomecapita. Figure 2,itappearsthat,asidefrom non-European countries,there isapositivecorrelation betweenrevenues result from differences inwealthratherthanfrom differences inthecalculationoflevies.From aglanceat Likewise, countrieswithapercentage tariff (Table 2)are inthelowerranksofFigure 2.However, thismay countries withastate-fundedsystemisamongthetoptenhighestrevenues percapita. models andoutcomesintermsofrevenues percapita.Nevertheless,itcanbeobservedthatnoneofthe 17 revenues relative toGNI. The aforementioned correlation suggests anotherrelevant metrictouseincomparingcountries:totallevy correlation coefficientis0.34.Whenthedataset islimitedtotheEU,correlation coefficientjumpsto0.57. levy revenues percapita.Thevarianceissubstantial, however. Includingallvaluesin Figure 2and3,the between leviesandGNIpercapita:thehigherpurchasing powerpercapitainacountry, thehigher and that on the vertical axis corresponds to the levy revenues per capita. Figure 3 shows a positive correlation represents acountryinthesample;coordinate onthehorizontalaxiscorresponds totheGNIpercapita participating countriesinpurchasing powerparity(PPP)versusthe2014levyrevenues per capita.Eachdot Figure 3 looksmore closelyatthisrelationship bydepictingthe2014gross nationalincome(GNI)of the weighted. Note: Norevenue figures availableforBurkinaFaso,Paraguay, Turkey andUkraine.SampleaverageEUpopulation- have higherrevenues relative toGNIthantheEUaverageof€71. both atabout€100inleviesper1millionGNI.Afterthat,twomore EUcountries, LithuaniaandBelgium, for every€1millionofGNI,279inleviesare collected.Francecomessecond,closelyfollowed byGermany, depicted bygrey bars.Hungaryhasbyfarthehighestrevenues from privatecopyingleviesrelative toGNI: dashed linesrepresent thesampleandEUaverage values(weightedbyGNI)andnon-EUcountriesare Slovak republic Slovak Czech Republic Czech

For thismetric,it is more intuitivetousenominal GNIincurrent €(Atlasmethod,not PPP). United States Netherlands Switzerland Lithuania Germany Denmark Romania Portugal Hungary Slovenia Belgium Sweden Norway Canada Estonia Finland Croatia Greece Austria Poland France Russia Latvia Japan Spain Levy revenuespercapitain2014 Italy € - € € € € € € - 0.00 0.00 0.00 0.00 0.01 0.01 € 0.03 0.03 0.04 0.04 € 0.07 0.07 € € 0.10 0.10 Sample 0.11 0.11 € 0.13 0.13 0.17 0.17 € 0.22 0.22 € 0.26 0.26 € € € 0.34 0.34 17 average 0.37 0.37 0.50 0.50 Figure 4rankstheparticipatingcountriesusing thismetric.AsinFigure 2,the € 0.68 0.68 € 0.74 0.74 € € 1.00 1.00 0.89 0.89 € € 0.96 0.96 0.99 0.99 € 1.27 1.27 € € 1.35 1.35 EU EU € 1.50 1.50 1.40 1.40 average € 2.00 2.00 € 2.12 2.12 € 2.50 2.50 € € 2.83 2.83 € 3.00 3.00 2.89 2.89 € 3.50 3.50 € € 3.45 3.45 3.48 3.48 International Survey on Private Copying Law & Practice 2015 19 300 € 60000 279.16 € Norway 250 € 50000 Switzerland United States United 200 € 40000 Netherlands ) € Germany Sweden Denmark Austria Canada Belgium Finland 150 France € Japan 30000 Italy Spain 106.22 € 2014 GNI2014 per capita (PPP in 96.81 € 100 € Lithuania 82.71 81.44 € € 20000 Hungar y 71.01 average average € EU 55.02 € 49.21 € 50 € 36.69 € average average 29.04 24.83 26.85 € 10000 € 24.24 23.97 23.47 € € € € 20.50 19.46 18.64 € € € 14.71 12.72 € Sample Sample € 9.64 € 4.78 4.07 3.89 2.54 € 1.85 € € 0.51 € 0.06 0.03 - € € € € € - € 0 Levy revenues per capita per €1 million GNI in 2014 Levy revenues v Gross National Income (PPP), per capita in 2014€ Income (PPP), per v Gross National Levy revenues Italy Spain Japan Latvia Russia France Poland Austria Greece Croatia Finland Estonia Canada Norway Sweden Belgium Slovenia Hungary Portugal

0.50 0.00 2.00 1.50 1.00 3.00 2.50 4.00 3.50 Romania Denmark Germany Lithuania

€ € € € € € € € €

2014 levy revenues per capita capita per revenues levy 2014 ) € (in (in Switzerland Netherlands United States United Czech Republic Slovak republic Figure 4: Note: GNI per capita retrieved from http://data.worldbank.org/ (September, 21 2015) and converted from current US$ values into € current 21 2015) and converted from http://data.worldbank.org/ (September, from Note: GNI per capita retrieved Bank. For Austria, Czech Republic, Finland, Slovak Republic, by the World exchange rate provided using the average annual dollar/euro Turkey and available for Burkina Faso, Paraguay, are figures is used. No levy revenue Slovenia, Spain and Switzerland, GNI for 2013 Ukraine. Figure 3: 20 International Survey on Private Copying Law & Practice 2015 Figure 5: for makinglegitimateprivatecopies. availability cannot belinkedcausallytoprivatecopying,butmayaproxy fortheavailability of equipment or maynotbeleviable,dependingonthenature ofthecopyandrelevant legislation.Hence,Internet illegal sources doesnotproduce leviableprivatecopiesandthatlegalacquired frommay theInternet that theACIAdam/StichtingdeThuiskopierulingbyCJEU(C-435/12)confirmeddownloadingfrom coefficient forthewholesampleis0.30,whichEUsubsampleincreases to0.42.Itisimportantnote per 100inhabitants.Again,there appearstobeacorrelation, inparticularwithintheEU.Thecorrelation correlations displayedbelow. Figure 5plotsthe2014revenuesusers percapitaagainstthenumberofInternet may beconsidered. Care shouldbetakennottodrawunfoundedinferences regarding causalityfrom the In additiontothiscorrelation betweenpercapitalevyrevenues andGNI,variousotherpossiblecorrelations 18 per capita.Paymentsforandreceipts from copyright-protected worksare animportantpartofthisindicator. that country’s overall cross-border payments for and receipts from the use of intellectual property rights (IPRs) Another relevant metricmightbetherelationship betweenthelevyrevenues percapitaineachcountryand available forBurkinaFaso,Paraguay, Turkey andUkraine. usersper100inhabitantsretrievedNote: Internet from http://data.worldbank.org/(September21,2015).Nolevyrevenue figures are cross-border payments. may not necessarily correlate with authorized paid-for transactions. Moreover, theseindicators measure only users, thisisaveryrough proxy: itincludesseveralsortsofIPother than copyright,andprivatecopying proxy fortheimportanceofintellectualproperty (IP) in aneconomy. However, justlikethenumberof Internet The lattervariablesare widelyavailableinthe countriesparticipatinginthesurveyandmaybeconsidered a  performances and television,cable,orsatellitebroadcast). Dataare incurrent U.S. dollars”. on booksandmanuscripts, computersoftware, cinematographicworks,andsound recordings) andrelated rights(suchasfor live secrets, and franchises)andfortheuse,through licensingagreements, of produced originalsorprototypes (suchascopyrights authorized useofproprietary rights(suchaspatents,trademarks,copyrights, industrialprocesses anddesignsincludingtrade Bank is:“Chargesfortheuseofintellectual property are paymentsandreceipts betweenresidents andnonresidents forthe http://data.worldbank.org/, retrieved onSeptember30,2015.Thedetailed descriptionoftheseindicatorsprovided bytheWorld 2014 levy revenues per capita (in €) € € € € € € € € € 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 50 Levy revenuespercapitain2014€vInternetusers100inhabitants Romania 55 60 Greece Italy Portugal 65 Internet users per 100population per (2014) users Internet Poland Croatia 70 Russia Slovenia Lithuania 75 Latvia Hungary Spain 80 Slovak Republic Slovak Czech Republic Czech Austria France Estonia Estonia 85 Belgium Germany Canada Switzerland US 90 Japan Sweden Finland Netherlands 95 Denmark Norway 100 18

International Survey on Private Copying Law & Practice 2015 21 10000 Netherlands Switzerland and is only available for a 20 Sweden Finland 1000 Denmark Belgium US Hungary Austria Canada France Japan Germany Norway Czech Republic Slovenia Italy SlovakRepublic 100 Poland Spain Croatia Russia Portugal Estonia Romania Lithuania 2013 charges for the use of intellectual property (receipts + payments) per capita (in capita US$) per payments) for ofuse theintellectual (receipts property+ charges 2013 Greece Latvia Levy revenues per capita in 2014 v total charges for IP per capita in 2013 in 2014 v total charges for IP per Levy revenues per capita 10 724 million in levies was collected in 2014. These levies amount to approximately 0.9% of a total a 0.9% of approximately to amount These levies 2014. in collected was levies in million €724 Despite all the caveats mentioned above, these two variables have a substantial correlation coefficient have a substantial correlation mentioned above, these two variables Despite all the caveats 19 0.00 0.50 1.00 2.00 1.50 2.50 3.00 3.50 4.00

€ € € € € € € € € 2014 levy revenues per capita capita per revenues levy 2014 ) € (in http://stats.oecd.org/, data retrieved on September 30, 2015. As the OECD clarifies, this dataset “presents the final consumption As the OECD clarifies, this dataset “presents on September 30, 2015. http://stats.oecd.org/, data retrieved to Purpose) down by the COICOP (Classification of Individual Consumption According of households broken expenditure reported to the OECD by Member countries in their answers to statistics from It has been prepared classification and by durability. to the to collect internationally is designed comparable data according This questionnaire annual national accounts questionnaire. 1993 SNA”. Since there is a substantial number of missing values for 2014, data for 2013 is used. As receipts and payments have a correlation and payments have a correlation data for 2013 is used. As receipts is a substantial number of missing values for 2014, Since there a single indicator. added to produce coefficient of 0.83, both are   Figure 6: of 0.31, increasing slightly to 0.33 when non-EU countries are excluded. The horizontal axis in Figure 6 has a 6 has Figure axis in horizontal The excluded. are countries when non-EU 0.33 to slightly of 0.31, increasing per capita IP charges. account for the large variance in the logarithmic scale to 20 19 Lastly, levy revenues per capita are plotted against household final expenditure on audio-visual, photographic on audio-visual, household final expenditure plotted against per capita are levy revenues Lastly, the OECD equipment. This variable is obtained from and information processing Figure 6 plots the 2014 revenues per capita against the total payments for and receipts from IP per capita in IP per capita from for and receipts the total payments per capita against the 2014 revenues 6 plots Figure 2013. limited number of countries and only until 2012. It can be considered a proxy for the expenditure on equipment for the expenditure a proxy limited number of countries and only until 2012. It can be considered 3), such equipment is in Table used for making private copies. As was shown earlier in this summary (e.g. between these variables 7 illustrates, the correlation the basis of imposing levies in many countries. As Figure remaining non-EU countries, Canada, when the is 0.06. However, coefficient is very weak: the correlation to 0.39, suggesting the dataset, this coefficient increases from removed Norway and the United States, are on audio-visual, photographic expenditure between household is a substantial correlation that in the EU there a 7, and per capita levies. Within equipment of EU countries in Figure and information-processing the group of total on such equipment in 2012. of countries of €79.1 billion in the same group household expenditure 22 International Survey on Private Copying Law & Practice 2015 Figure 7: this averageincreased from €1.49in2007to €1.97 in2014. countries withdataavailable foreveryyear)increased the EU, from €0.84in2007to1.112014.Within and at some distance by Belgium and Hungary. Over the years, the population weighted average (for all 2014. In2014,Germanycollected thehighestprivatecopyingleviespercapita,closely followedbyFrance Revenues per capitarangefrom less than €0.01inthe United States €3.48 and Ukraineto in Germany in responsible forafairlystable84%to92.5% oftotalrevenues. in relative terms are Spain, Russia and the Netherlands. Over the years, the EU countries in the survey are a third oftotalrevenues. Examplesofothercountries thatshowsignificantchangesbothinabsoluteand is Germany. Germanywasthecountrywithlargestrevenues of€281millionin2014,comprisingover and 2014,asignificantdecrease in2011. Byfarthelargestcontributortovolatilityoftotal revenues devices suchassmartphonesandtablets.Revenuesare volatile, however, withstrong increases in2009,2013 Underlying thistrendoflevy systemsinmanycountriesbyextendingthemtonew isagradualmodernization copying levysystemshaveincreased from €598millionin2007toanall-timehighof8042014. onPrivateCopying showsthattotalrevenuesThis 2015editionoftheInternationalSurvey from private rights issue. tool innegotiationsorserveasameanstobroaden theknowledgeofthisspecificcopyrightandneighboring continue monitoringdevelopmentsinthefieldofprivatecopying.Itishopedthatthissurveywillbeauseful of creative contentandawillingnesstocompensaterightholdersfortheircreative efforts. Itisimportantto for rightholderswhoseexclusiverightshavebeennarrowed. Conversely, there isnoticeableappreciation debate abouttheregulations, thescopeofexceptionsandmeanssecuringfaircompensation digital environment. Theseadaptationsare acceptedmore easilyinsomecountriesthanothers;there is and rightholdersare strugglingtoadapttheglobalizationofuseprotected worksandtothe The privatecopyingcompensationsystemsintheworldareindustry notunchallenged;governments, 8. tion-processing equipmentpercapitain2012 2014 levy revenues per capita (in €) € € € € € € € € € 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 Conclusion € Levy revenuespercapitain2014vhouseholdexpenditureonaudio-visual,photographicandinforma - Slovak Republic Slovak Hungary € 100 Household expenditure on audio on expenditure Household Czech Republic Czech Italy Spain € 200 France Belgium € Germany Netherlands 300 - Sweden visual,photographic andinformation processingequipment (2012 Finland Austria € 400 Denmark € 500 € 600 € 700 ) € 800 - International Survey on Private Copying Law & Practice 2015 23 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 collecting societies, the the websites of the participating through information on the subject can be found legal blogs. institutions and various respected sites, academic research Commission information European below. provided Some examples are Other correlations exist between revenues per capita on the one hand and on the other the number of Internet on the one hand and on the other per capita exist between revenues Other correlations use of intellectual the from for and receipts payments per capita cross-border users per 100 inhabitants; processing photographic and information on audio-visual, and household expenditure rights; property for making private copies. on equipment used for expenditure is a proxy equipment, which Although care should be taken not to draw unfounded inferences about causality, some interesting correlations correlations some interesting about causality, unfounded inferences taken not to draw should be care Although The variables have been established. per capita and several macro-economic revenues between the levy per capita. This correlation the levy revenues the higher power per capita in a country, higher the purchasing copying levies private from the highest revenues within the EU. Hungary has by far is particularly strong Belgium. Lithuania and by Germany, France comes in second, closely followed to GNI; relative 24 International Survey on Private Copying Law & Practice 2015 these casesare listedbelow. Thefulltextsofthejudgments are availableathttp://eur-lex.europa.eu. exception inthelastcoupleofyears.TheanswersthatCJEUhasgiventopreliminary questions in regard totheinterpretation oftheDirective. TheCJEUhasdelivered severaljudgmentsonprivatecopying National judges may refer preliminary questions to the Courtof Justice of theEuropean Union (CJEU) with harmonisation ofcertainaspectscopyrightandrelatedrightsintheinformationsociety: on art.5(2)bofDirective2001/29/ECtheEuropeanParliamentandCouncil22May2001 In Europe, theprivatecopyingexceptionsaslaiddowninnationallawsofEUMemberStatesare based 9.1 9. 21 3. 2. 1. 9.2 http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32001L0029&from=EN. 6 totheworkorsubject-matterconcerned; which takesaccountoftheapplicationornon-applicationtechnologicalmeasures referred toinArticle are neitherdirectly norindirectly commercial, onconditionthattherightholdersreceive faircompensation (b) inrespect ofreproductions onanymediummadebyanaturalpersonforprivateuseandendsthat Article 2inthefollowingcases:[...] 2. MemberStatesmayprovide forexceptionsorlimitationstothereproduction rightprovided forin [...] Article 5Exceptionsandlimitations reserved forusesotherthanprivatecopying, isincompatiblewithDirective 2001/29. digital reproduction equipment, devices andmedianotmadeavailabletoprivateusersclearly Consequently, theindiscriminateapplicationofprivatecopyinglevy, inparticularwithrespect to equipment, devicesandmediathedeemeduse ofthemforthepurposesprivatecopying. the applicationoflevy intended to financefaircompensationwith respect todigital reproduction Article 5(2)(b)ofDirective 2001/29mustbe interpreted asmeaningthatalinkisnecessarybetween compensation, inasmuchastheyare abletopassonprivateuserstheactualburden offinancingit. available toprivateusersorprovide themwithcopyingservices are the personsliable to financethefair reproduction equipment,devicesandmediawhoonthatbasis,inlaworfact,makeequipment It isconsistentwiththerequirements ofthat‘fairbalance’toprovide thatpersonswhohavedigital the harmcausedtoauthorsofprotected worksbytheintroduction oftheprivatecopying exception. meansthatfaircompensationmustbecalculatedonthebasisofcriterion persons concerned Article 5(2)(b)ofDirective 2001/29mustbeinterpreted asmeaningthatthe‘fairbalance’between financing andcollection,thelevelofthatfaircompensation. imposed byEuropean Unionlawinparticularbythatdirective, theform,detailedarrangementsfor exception, irrespective ofthepowerconferred ontheMemberStatestodetermine,withinlimits law whichmustbeinterpreted uniformlyinalltheMemberStatesthathaveintroduced a private copying of copyrightandrelated rightsintheinformationsociety, isanautonomousconceptofEuropean Union the European ParliamentandoftheCouncil22May2001onharmonisationcertainaspects The conceptof‘faircompensation’,withinthemeaningArticle 5(2)(b) ofDirective 2001/29/ECof Relevant Case Law from the Court of Justice of the European Union European the of Justice of Court the from Law Case Relevant Indiscriminate application of the private copying levy copying private SGAE the v of Padawan – application 2010 October 21 Indiscriminate – C-467/08 Annex

21 International Survey on Private Copying Law & Practice 2015 25

Author is entitled directly and originally to the right of fair compensation C-277/10 – 9 February 2012 – Luksan v Van der Let C-462/09 –Crossborder 16 June 2011 transactions – Stichting de Thuiskopie v Opus GmbH Articles 1 and 2 of Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain the coordination 93/83/EEC of 27 September 1993 on Articles 1 and 2 of Council Directive cable and broadcasting satellite to applicable copyright to concerningrules related rights and copyright Parliament and of the 2001/29/EC of the European 3 of Directive and Articles 2 and retransmission, rights in of certain aspects of copyright and related Council of 22 May 2001 on the harmonisation the European 2006/115/EC of Directive and 3 of 2 with Articles conjunction in the information society right and on certain rights right and lending 2006 on rental Parliament and of the Council of 12 December the of 2006/116/EC Directive of 2 Article with and property intellectual of field the in copyright to related of copyright term of protection Parliament and of the Council of 12 December 2006 on the European as meaning that rights to exploit a cinematographic work rights, must be interpreted and certain related any and right broadcasting satellite right, (reproduction main proceedings the in at issue as those such the making available to the public) vest by operation other right of communication to the public through must be interpreted those provisions Consequently, in the principal director. and originally, directly of law, allocates those exploitation rights by operation of law exclusively national legislation which as precluding of the work in question. to the producer States the option of laying down as allowing the Member Union law must be interpreted European of a cinematographic work, of rights to exploit in favor of the producer of transfer, a presumption right, broadcasting (satellite proceedings main the in issue at those as such work cinematographic the to available making the through public the to communication of right other any and right reproduction the principal director one precluding is not an irrefutable that such a presumption the public), provided otherwise. agreeing of that work from as author of a cinematographic as meaning that, in his capacity Union law must be interpreted European to the and originally, directly must be entitled, by operation of law, thereof work, the principal director 2001/29 under the ‘private for in Article 5(2)(b) of Directive right to the fair compensation provided copying’ exception. States the option of laying down as not allowing the Member Union law must be interpreted European work, of the right to fair of a cinematographic in favor of the producer of transfer, a presumption is couched in that presumption of that work, whether compensation vesting in the principal director terms or may be departed from. irrefutable Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of 22 May 2001 on the harmonisation Parliament and of the Council of the European 2001/29/EC Directive in particular Article 5(2)(b) the information society, rights in of copyright and related of certain aspects a private basis, the who carries out, on final user as meaning that the must be interpreted and (5) thereof, for paying the as the person responsible work must, in principle, be regarded protected of a reproduction States to establish it is open to the Member 5(2)(b). However, in Article for provided fair compensation and media equipment, devices reproduction chargeable to the persons who make a private copying levy the by paid price the in levy that of amount the on pass to able are they since user, final that to available service. final user for that as meaning that interpreted must be 2001/29, in particular Article 5(2)(b) and (5) thereof, Directive to the chargeable copying levies of private a system has introduced which Member State for the it is which of the territory and on works, protected of reproduction of media for importer or manufacturer there who reside for private purposes of their work by purchasers the harm caused to authors by the use the fair compensation intended to compensate actually receive that those authors occurs, to ensure equipment, seller of reproduction fact that the commercial the mere them for that harm. In that regard, has no reside Member State other than that in which the purchasers devices and media is established in a it is impossible to It is for the national court, where a certain result. bearing on that obligation to achieve to allow national law in order interpret to the purchasers, from of the fair compensation recovery ensure who is acting on a commercial for payment the person responsible of that compensation from recovery basis. 9.4 1. 2. 3. 4. 2. 1. 9.3 26 International Survey on Private Copying Law & Practice 2015 4. 3. 2. 1. 9.5 2. 1. 9.6 amount fixedfora reproduction obtainedbymeansofasingledevice. suffered by the author at the end of that single process must not be substantially different from the customers, provided thattheoverallamountoffaircompensationowedasrecompense fortheharm given medium,insofarasthosepersonshavethepossibilityofpassingoncostlevytotheir manner, tothesingle process ofreproduction of the protected workor other subject-matter on the fair compensation is paid by the persons in possession of a device contributing, in a non-autonomous are linkedtogether. Inthiscase,itisopentotheMemberStatesputinplaceasystemwhich interpreted asincludingreproductions effected usingaprinterandpersonalcomputer, where thetwo other process havingsimilareffects’ withinthemeaningofArticle5(2)(a)Directive 2001/29must be The conceptof‘reproductions effected bytheuseofanykindphotographictechniqueor some inapplicable theconditionrelating tofaircompensationprovided forbyArticle5(2)(b)ofthatdirective. The possibilityofapplyingtechnologicalmeasures underArticle6ofDirective 2001/29cannotrender optional basisundertherelevant provision ofthatdirective. matter hasnobearingonthefaircompensationowed,whetheritisprovided foronacompulsoryoran act bywhicharightholdermayhaveauthorizedthereproduction ofhisprotected workorother subject- In thecontextofanexceptionorlimitationprovided forbyArticle5(2)or(3)ofDirective 2001/29,an matter are notaffected bythatdirective. directive wastohavebeentransposedintonationallaw, actsofusingprotected worksorothersubject- related rights in the information society entered into force, to 22 December 2002, the date by which that Parliament andoftheCouncil22May2001onharmonizationcertainaspectscopyright regardWith totheperiodfrom 22June2001,thedateonwhichDirective 2001/29/ECoftheEuropean referred tointhatprovision. private copyinglevyincases where thefinal useofthosemediaclearlydoesnotfallwithinthecase presumption andprovided thatthe presumption establisheddoesnotresult intheimpositionof whether thepurposeofusemediainquestion isprivatejustifytheestablishmentofsucha such mediawhere theyare marketed tonaturalpersons,where thepracticaldifficultiesofdetermining not preclude theestablishmentbythatMember Stateofarebuttable presumption ofprivateuse forcommercialof theMember State concerned purposes andforconsideration, that provision does by personswhofirstplace recording mediasuitable for reproduction onthemarketinterritory of financingfaircompensationunderthatprovision bymeansofaprivatecopyinglevytobeborne Article 5(2)(b)ofDirective 2001/29mustbeinterpreted asmeaning that, inthecontextofasystem is effective anddoesnotmakerepayment oftheleviespaidexcessively difficult. practical difficultiesjustifysuchasystemoffinancingfaircompensationandtherightto reimbursement national system and the limitsimposed by that directive, which it is for the national court to verify, meet thecriteriasetoutinthatprovision, where, havingregard to the particularcircumstances ofeach for arighttoreimbursement oftheleviespaidineventthatfinalusethosemediadoes not and forconsideration,ofrecording mediasuitableforreproduction, whileatthesametimeproviding applies aprivatecopyinglevyonthefirstplacingmarketinitsterritory, forcommercial purposes be interpreted as meaning that it does not preclude legislation of a Member State which indiscriminately on theharmonizationofcertainaspectscopyrightandrelated rightsintheinformationsocietymust Article 5(2)(b)ofDirective 2001/29/ECoftheEuropean ParliamentandoftheCouncil22May2001 Technological measures, consequences of an authorization to reproduce to authorization an of Kyocera v Wort VG – consequences 2013 measures, June 27 – Technological C-457/11-C-460/11 Indiscriminate application combined with a reimbursement scheme, payment of the revenue in part to social or cultural cultural or social to part in revenue the of payment scheme, reimbursement a with combined Austro-Mechana v Amazon application – 2013 July 11 Indiscriminate – C-521/11 institutions, double payment in crossborder transactions crossborder in payment double institutions,

International Survey on Private Copying Law & Practice 2015 27

C-463/12 –Equal 5 March treatment, 2015 – Copydanreimbursement Båndkopi/Nokia scheme, consequences Danmark of an authorization to reproduce C-435/12 –Lawful 10 April nature 2014 –of ACI the Adam/Stichting origin of the copy de Thuiskopie Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on Parliament and of 2001/29/EC of the European Article 5(2)(b) of Directive the information society does not rights in the harmonization of certain aspects of copyright and related with the compensation is to be paid, in accordance that fair which provides national legislation preclude of multifunctional media for copies made for private use, in respect right exception to the reproduction to of such media is whether the main function of irrespective cards, mobile telephone memory such as an ancillary function, be it merely that one of the functions of the media, make such copies, provided the function is a the question whether enables the operator to use them for that purpose. However, liable copies are capacity to make importance of the medium’s main or an ancillary one and the relative to the rightholder may be the amount of fair compensation payable. In so far as the prejudice to affect of such a function need not give rise to an obligation to pay as minimal, the making available regarded fair compensation. national legislation which makes the supply of not preclude 2001/29 does Article 5(2)(b) of Directive subject memory cards, media that may be used for copying for private use, such as mobile telephone with the exception to the to the levy intended to finance fair compensation payable in accordance use, but does not make the supply of components whose main right for copies for private reproduction use, such as the internal copies for private memories of MP3 players, subject to purpose is to store not comparable or the categories of media and components are that those different provided that levy, is justified, which is a matter for the national court to determine. they receive treatment different EU law, in particular Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Parliament 2001/29/EC of the European in particular Article 5(2)(b) of Directive EU law, rights in of certain aspects of copyright and related Council of 22 May 2001 on the harmonisation as be interpreted in conjunction with paragraph 5 of that article, must read the information society, which does not distinguish as that at issue in the main proceedings, national legislation, such precluding that private use is made is lawful from for which a reproduction from the situation in which the source is unlawful. in which that source on the enforcement 29 April 2004 Council of and of the Parliament of the European 2004/48/EC Directive such as those in the as not applying to proceedings, be interpreted rights must of intellectual property the liable for payment of the fair compensation bring an action before in which those main proceedings, distributing and remuneration that collecting for responsible body the against ruling a for court referring that action. it to copyright holders, which defends Article 5(2)(b) of Directive 2001/29 must be interpreted as meaning that the right to fair compensation right to fair compensation meaning that the as interpreted 2001/29 must be of Directive Article 5(2)(b) cannot be intended to finance that compensation or the private copying levy under that provision or levy is by way of such compensation the fact that half of the funds received of excluded by reason set up for but to social and cultural institutions to those entitled to such compensation, paid, not directly benefit those and cultural establishments actually that those social entitled, provided the benefit of those discriminatory, not of such establishments are arrangements for the operation entitled and the detailed court to verify. which it is for the national by a as meaning that the obligation undertaken 2001/29 must be interpreted Article 5(2)(b) of Directive purposes and for consideration, of placing on the market, for commercial on the Member State to pay, compensation levy intended to finance the fair a private copying for reproduction, media suitable recording been already has levy a comparable that fact the of reason by be excluded not may provision that under paid in another Member State. 9.8 1. 2. 1. 2. 9.7 4. 3. 28 International Survey on Private Copying Law & Practice 2015 8. 7. 6. 5. 4. 3. 2. 1. 9.9 made byanaturalpersonorwiththeaidofdevice whichbelongstoathird party. accordance with the exception to the reproduction right, in respect of reproductions of protected works Directive 2001/29doesnotpreclude nationallegislationwhichprovides for faircompensation,in from protected workswhichare madeavailabletothepublicwithoutrightholder’s consent. the exceptiontoreproduction right,inrespect ofreproductions madeusingunlawfulsources, namely Directive 2001/29precludes nationallegislationwhichprovides forfaircompensation, inaccordance with such measures mayhaveaneffect ontheactuallevelofsuchcompensation. respect ofreproductions madeforprivateusebymeansofsuchdevices.However, theimplementationof the requirement topayfaircompensationinaccordance withtheexceptionto thereproduction rightin to reproduce protected works,suchasDVDs,CDs,MP3playersandcomputers, canhavenoeffect on The implementationoftechnologicalmeasures underArticle6ofDirective 2001/29fordevicesused to pay user ofthefilesconcerned remuneration ofanykindtotherightholder. that directive withtheaidofsuchfilesandcannot,itself,giverisetoanobligationonpart with theexceptiontoreproduction rightforreproductions madeinaccordance withArticle 5(2)(b)of use of files containing his works can have no bearing on the fair compensation payable in accordance to authorizereproduction oftheirworksforprivateuse,anyauthorizationgivenbyarightholderthe Article 5(2)ofthatdirective, toexclude,from thematerialscopeofthatprovision, anyrightforrightholders Directive 2001/29istobeinterpreted asmeaningthat,where aMemberState hasdecided,pursuantto equal treatment. understood thatthreshold must,interalia,beappliedinamannerconsistentwiththeprincipleof minimal. Itiswithinthediscretion oftheMemberStatestosetthreshold forsuchprejudice, itbeing exception topayfaircompensation,provided thattheprejudice causedtorightholdersinsuchcasesis to thereproduction rightforcopiesprivateuse,anexemptionfrom therequirement underthat be interpreted aspermittingtheMemberStatestoprovide, incertaincasescovered bytheexception Article 5(2)(b)ofDirective 2001/29,read inthelightofrecital 35inthepreamble tothatdirective, must appropriate applicationtothatorganization. the levyandonlyfinalpurchaser ofsuchamemorycard mayobtain reimbursement bysubmittingan a righttoreimbursement ofthatlevywhichiseffective anddoesnotmakeitexcessivelydifficultto repay customers registered withtheorganizationresponsible foradministeringthelevy;systemprovides for for privateuse,itbeingunderstoodthattheexemptioncannotberestricted tothesupplyofbusiness telephone memorycards topersonsotherthannaturalforpurposesclearlyunrelated tocopying responsible forpaymentare exemptfrom thelevyiftheycanestablishthathavesuppliedmobile on conditionthat:theintroduction ofsuchasystemisjustifiedbypracticaldifficulties;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,byproducers andimporterswhosellmobiletelephone requires paymentofthelevy intended tofinancefair compensation,in accordance withtheexceptionto Article 5(2)(b)ofDirective 2001/29mustbeinterpreted asnotprecluding nationallegislationwhich the budgetarylimitsestablished foreachfinancialyear? for privatecopying,although itiscalculatedonthebasisofharmactuallycaused, hastobesetwithin Directive 2001/29where thetotalamountallocatedbyGeneralStateBudget tofaircompensation If thefirstquestionisanswered intheaffirmative,is scheme compatiblewithArticle5(2)(b)of by theusersofprivatecopies? General StateBudget,itthusnotbeingpossibletoensure thatthecostofcompensationisborne where the scheme, while taking as a basis an estimate of the harm actually caused, is financed from the Is aschemeforfaircompensationprivatecopyingcompatible withArticle5(2)(b)ofDirective 2001/29 C-470/14 – EGEDA and Others v Administración del Estado and Others and Estado del Administración v Others and EGEDA – C-470/14 International Survey on Private Copying Law & Practice 2015 29 C-110/15 – Nokia Italia v SIAE Does Community law, and in particular recital 31 in the preamble to, and Article 5(2)(b) of, Directive of, Directive 5(2)(b) Article to, and in the preamble 31 recital and in particular law, Does Community of the Italian Legge sul Diritto d’autore Article 71-sexies national rules (in particular, 2001/29/EC, preclude that, provide that 2009) December of] 30 the [Decree 4 of Article with conjunction in on copyright), (Law (that is to say, to private copying clearly unrelated for purposes and devices acquired in the case of media left to is the levy from ante’ exemption for ‘ex criteria of the determination use only), professional for to referred protocols’ to the ‘application regard bargaining’, with particular or ‘free private negotiation, SIAE the between treatment equal of guarantee any and provisions general any failing above, 4 Article in associations? trade or professional to pay the compensation, or their and persons obliged of, Directive 5(2)(b) Article to, and in the preamble 31 recital and in particular law, Does Community on copyright, in Article 71-sexies of the Italian Law national rules (in particular 2001/29/EC, preclude given by the December 2009, and the instructions on reimbursement of] 30 conjunction with the [Decree to private clearly unrelated for purposes that, in the case of media and devices acquired SIAE, that provide only by the final user may be requested use only), reimbursement for professional copying (that is to say, of the media and devices? rather than the producer 2. 1. 9.10 30 International Survey on Private Copying Law & Practice 2015 Contact information 1. 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 half-year). audio carrierswithmorethan5,000hoursorvideo10,000 hours videoper Retailers areliable.Smallretailersexemptfromliability(solong asthey arenotselling the supplieriftherearenodirectsalestoconsumers. of firstdistributioninAustria.Thereportingandpaymentobligationmaybe transferred to The manufacturer, theimporterordirectsellerisresponsibleforpaymentfromtime cards orharddiscincluded–notondevices The remunerationiscollectedthroughleviesonthemedia–integratedmemory, memory equipment) aretobeusedbynaturalpersonsonly. The exceptiononlyapplieswhenthesourceislegalandcarriers(mediaand/or +431 7127136 +431 71787-0 Wien 1030 Baumannstraße 10 [email protected] [email protected] Peter Dienstl Paul Fischer www.aume.at Austro-Mechana Euro Austria Setting ofdistributionschemesisamatterforrightholders. and reportsto,aspecialauthorityforCollectiveSocietiesunderthe MinistryofJustice. Austro-Mechana hasalegalmonopolyandspecialauthorization, andiscontrolledby, International Survey on Private Copying Law & Practice 2015 31 Austro-Mechana collects the monies and distributes them to the seven collecting societies authorized to collect the remuneration, including Austro- their Mechana itself. The collecting societies involved distribute the monies to respective rightholders at their 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 movie producers, broadcasting companies as producers, visual artists, writers, actors and directors, among others. By multilateral negotiations. 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 obligatory. use of media for copying is helpful but not A market survey on the of between rightholders and the Chamber 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 mixed use, e.g. single entrepreneurs. private users, including relevant scope for private copying, such as All media not used in a game In addition, there is currently no levy on Dictaphones, are exempt. consoles. in the Inclusive Contract Monthly reporting and payment are stipulated The payment time between rightholders and the Chamber of Commerce. limit is 45 days from the distribution of the media. made in accordance with Austro-Mechana is allowed to check the reports for private or own purposes the Inclusive Contract. 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. obtained by presenting the Exports are exempted and a refund may be export invoice/documents. liable. For direct sales to private The first distributor in the Austrian market is Manufacturers are technically users from abroad, the direct seller is liable. they have no market relevance in also obliged to pay the levies; however, Austria. Who distributes the collected remunerations to rightholders? Frequency of distribution Which rightholders? How are the distribution schemes determined? 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 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 Distribution process Collection process Rate setting 32 International Survey on Private Copying Law & Practice 2015 Social andculturalfundsforcollectivepurposes Distribution keys How cansocialandculturalfundsbeused? and/or culturalfundin2013? What istheamountdedicatedtosocial social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsiblefortheallocation Is thereasocialand/orculturaldeduction? Video: 46% Audio: 54% Distribution schemesforvariousmediaanddevices 16.50% VGR(broadcasts) 1.75% Bildrecht(visualartistsandphotographers) 23.50% VDFS(actors,directors) 23.50% VAM (movieproducers) 6.25% LSG(musicproducersandperformers) 13.63% LiterarMechana(writersandpublishers) 14.87% Austro-Mechana(musiccreatorsandpublishers) Distribution scheme,video: 1.00% VGR(broadcast) 49.50% LSG(neighboringrights) 1.58% LiterarMechana 47.92% Austro-Mechana(musicalworks) Distribution scheme,audio: For socialassistance;fortheorganizationofthematicfestivals. About €2,993,000. distribution. The FundsforSocialandCulturalpurposesareresponsiblethe distribution. Deductionsforsocialandculturalpurposesarestipulatedby law. Yes. 50%isdeductedforcollective(socialand/orcultural)purposesbefore International Survey on Private Copying Law & Practice 2015 33 20 million per year, including amounts to be refunded at €20 million per year, The levy is now capped new tariff users. If this threshold is exceeded, to commercial and institutional the tariffs for the future. The negotiations must be started in order to lower If there is a substantial deviation revenues for 2016 will be subsequently evaluated. from the guide value (less than €19 million) due to refunds, the cap will be this last Minister of Justice. However, renegotiated under the responsibility of the and not part of the new law. condition is soft law (parliamentary resolution) which will – as before – be negotiated between the Chamber of Commerce Tariffs, Formerly, eight completely new criteria. and the Collecting Societies, have to fulfill medium had to be considered. only the potential playing time of a certain storage to the user and the Inter alia, the tariffs of other EU-countries and the benefit of more, the tariffs cannot exceed 6% industry must be taken into account. What is the “typical” price level. shall be category of medium, no levy For mere minimal harm suffered by a certain been determined. The provision thus remains no threshold has due at all. However, has to determine the “mere minimal very vague in its scope. It does not say who for photo cameras are mentioned as use”. In the explanatory notes, memory cards private notes, typically used not for an example, since they are, according to the copies but for self-created images. and purely commercial/institutional Refunds will be possible not only for exports can but also for any person who use, as has always been the case in Austria, or own a storage medium for private certify (“make believe”) that they do not use in to defy CJEU case law) will work purposes. How this provision (which seems seen. practice for Austro Mechana remains to be New exceptions have been introduced and existing exemptions extended. of works for educational purposes the exception for making copies Firstly, has been extended to encompass not only schools and universities but also no additional or separate “other educational institutions”. There is, however, remuneration foreseen. The extension of the exemption will also be compensated (such as university libraries) public collections by the levies in place. Secondly, to third parties for own may now create and send electronic copies, on order, (educational purposes of schools, universities and their staff) or private purposes, limited to “research purposes”, and claim their own costs for such services. While in the past such a service could not have been remunerated at all (and was will therefore never implemented in libraries), it is now very likely that any work by the now be sent to e.g. students for a small fee. What is more, the harm suffered which will not exception is to be compensated by the private copying levies only, suffice due to the overall cap mentioned at (1) above. data Before claiming new tariffs, the collecting societies must collect and verify on the actual use of the various media for private copying and publish the results. representatives of user organizations an advisory council comprising Additionally, and the collective society which collects the levy has been established. A legal amendment clarifying the claims for digital media, particularly PCs, tablets and the claims for digital media, particularly A legal amendment clarifying will not be retroactive. into force on October 1, 2015. The new law smartphones, will enter mobile and disks litigating claims on levies for computer hard Austro-Mechana is still levies. These based on the current provisions on blank media phone storage media cover claims some of computer and cell phone distributors proceedings against various which date back to 2006. law of a levy for in principle welcome the final coming into Although the rightholders years, the law includes several provisos: which they fought for 1. 2. 3. 4. 5. 6. Legal developments Legal developments and court cases and court Legal developments 34 International Survey on Private Copying Law & Practice 2015 Applicable nationalrates Implementation problems Court cases for certainmedia/devices? responsibility orrefusepayment Are thereliablepartieswhodeny Legal developments(continued) BR DVD DL DVD-RAM DVD-R/-RW Memory cards(OnlyincombinationwithMP3-player) CD-R/-RW data DVD+R/+RW Video cassette CD-R/-RW audio MiniDisc Audio cassette Audio kinds. to bereinforcedbecauseofthestipulationinnewlawonleviesformedia ofall sticks, whichAustro-Mechanawon.From2016,surveillanceofonlinesellers willhave There wasasmall-scaledisagreementwithsomepromotionmaterialsellers onUSB the privatecopyinglevy. Thiswasacompletereversalofitsrulingin2005. Regarding computerharddisks,theSupremeCourtupheldrulingthattheymustpay Because oftheEUCourtrulinginAmazoncase,allleadingcasesareongoing. smartphones. AmazonandCyberportrefuseallclaims. Most importersrefusepaymentforcomputerharddisksandmemoriesintablets and such cases. According tothenewlaw, Austro-Mechanamayclaimuptodoubletheusualtariffsin contrast tothetariffsnegotiatedwithChamberofCommerce,whichare20%less. Austro-Mechana alwaysappliedthepublished“autonomous”tariffsinsuchcases, Hitherto, therewasnopenaltylevyinthelawforfailuretoreportorpay thelevy. 8. 7. submitted bythe15thofmonthfollowingquarter. subject tothelevymustbereportedeveryquarterofyear. Thereportmustbe Reports ofmediaimportsareregulatedbylaw. Anyimportationofstoragemedia hours. noting thatsuchbusinesseseasilysellstorageslargelyexceeding10,000 playing which aredefinedasbusinesseswithanetturnoverof€30,000peryear. Itisworth maintained. Thenoveltyisanexceptionwhichappliesto“smallbusinesses”, exception (nowgenerallyapplicableregardlessofthemediatype)hasbeen selling (audio)mediawithmorethan10,000playinghoursperhalf-year. This There hasalwaysbeenanexceptionfromtheliabilityforretailersofmedianot Video €0.54 €0.72 €0.36 €0.36 €0.36 €0.18 €9.00 €5.25 €2.50 €1.50 €0.24 €0.24 €0.24 €0.12 Tariff 240 minutes/8.5GB 120 minutes/4.7GB 120 minutes/4.7GB 120 minutes/4.7GB 80 minutes/700MB 80 minutes/700MB 120 minutes/25GB 512MB –1GB 60 minutes 80 minutes 60 minutes Capacity 4 –30GB < 512MB 1 –4GB International Survey on Private Copying Law & Practice 2015 35 <1GB <4GB < 1GB < 4GB < 8GB < 1GB < 4GB < 16GB < 30GB < 30GB < 60GB < 90GB < 80GB < 250GB < 500GB < 750GB < 120GB < 160GB < 250GB < 400GB < 512MB < 512MB Capacity Capacity < 1TB and more < 32GB and more < 160GB and more < 600GB and more Tariff Tariff Tariff €0.10 €0.20 €0.20 €0.40 €0.50 €1.50 €2.50 €5.25 €9.00 €1.50 €2.50 €3.50 €6.00 €7.00 €8.00 €9.00 €6.00 €10.00 €12.00 €15.00 €20.00 €17.10 €19.40 €22.50 €24.30 €10.00 Consumer electronics Devices Devices USB stick Hard disc with recording function MP3/MP4-player sat-receiver DVD-recorder, Ext. multimedia Hard disc receiver MP3 audio-player Additional Comments: disc, not on the device. The levy is on the integrated memory/hard still in dispute. are for PCs, notebooks, HDs, tablets and smartphones The tariffs 36 International Survey on Private Copying Law & Practice 2015 Revenues **incl. paymentsforprevious years * paymentsinDVD Audio cassette CD-R/RW audio CD-R/RW data MP3-player Video cassettes Total “Audio” DVD (alltypes) Hard discrecorder Total “Video” USB stick Total “Devices” €33,000.00 €79,000.00 €1,290,000.00 €921,000.00 €176,000.00 €2,323,000.00 €2,065,000.00 €1,535,000.00 €3,776,000.00 €517,000.00 €517,000.00 2012 Device revenues Audio Revenues Video Revenues €23,451.00 €102,169.00 €1,663,555.00 €579,596.00 * €2,368,771.00 €1,980,931.00 €962,310.00 €2,943,241.00 €673,435.00 €673,435.00 2013 €15,225.00 €90,196.00 €1,028,969.00 €1,260,106.00 ** €82,399.00 €2,394,496.00 €1,618,800.00 €1,355,974.00 €3,057,173.00 €851,687.00 €851,687.00 2014 International Survey on Private Copying Law & Practice 2015 37 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 Euros 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. 38 International Survey on Private Copying Law & Practice 2015 Collecting society:Collectionanddistribution Rate setting Distribution process private copyingremunerations Administrative costsfordistributionof copying remunerations Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: from payingthelevies? Are thereanyconsumersorbuyersexempt 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 − conditions aremet: professional useofthesemediaanddevices,providedthatthefollowing Furthermore, thelevyoncertainmediaanddevicesisrefundable forstrict prisons andinstitutionsforyouthwelfarework. material fordidacticorscientificpurposes;andrecognizedhospitals, recognized educationalinstitutionswhichusesoundandaudio-visual recognized institutionsestablishedforthebenefitofsuchpersons; the blindandvisuallyimpaired,deafhard-of-hearing the government forthepurposeofpreservingsoundoraudio-visualmaterial; organizations; institutionsofficiallyrecognizedandsubsidizedby the a refund:producersofsoundandaudio-visualworks;broadcasting under thelaw, limitedcategoriesofprofessionalusersareentitledto No consumersorbuyersareexemptfrompayingthelevies.Nevertheless, 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, − − − − − − 2014: 3.62% 2013: 5.12% 2012: 4.50% ensure thestrictprofessionaluseof thesemediaanddevices. intended for other purposes than private copying, and the requestor must that thepurchasedmediaanddevices subjecttothe Auvibel levyareclearly a signed statement must be provided in which the concerned person states number inBelgiumorEurope); and professional entity (holder of a company registration number or equivalent a written request for a refund for professional use must be submitted by a International Survey on Private Copying Law & Practice 2015 39 The liable party must send a declaration to Auvibel each month. The liable party must send as and intra EU-purchasers who are listed For manufacturers, importers the first is due by the 20th of the month following wholesalers, declaration sale. is who are listed as retailers, declaration For importers and EU-purchasers month following the first purchase. due by the 20th of the is due by selling to Belgian web users, declaration For foreign online shops following the first sale. the 20th of the month must pay the remuneration for private Manufacturers and wholesalers copying within 60 days. copying within 15 days. Retailers must pay the remuneration for private regular checks on declarations Part of the mission of Auvibel is to undertake of the legally by auditing the reporting process and the accounting responsible parties. Exports from wholesalers or manufacturers Exports are exempted by law. after the first sale in Belgium. are exempted as their responsibility starts only October 18, 2013 requires For retailers, article 4 of the Royal Decree of in foreign countries. Auvibel reimbursement of the levy for export or sales leviable goods and any other requires purchase and sales invoices for the that the goods were actually document that provides reasonable evidence for any refund. exported. Previous payment to Auvibel is required an importer as a person who The Royal Decree of October 18, 2013 defines market which are subject provides devices and blank media on the Belgian and the from a non-EU country, to the levy for private copying and originate devices and blank media on the intra-EU purchaser as someone who provides for private copying and originate Belgian market which are subject to the levy Union. from a country that is a member of the European has issued the following With regard to e-commerce, the Belgian court definition concerning importers: the remuneration for private “Any person who offers products liable for copying via a website and who thereby expressly targets Belgian customers, for makes specific advertising, takes the initiative of and bears responsibility importing those products into Belgium, which is also presented in the general conditions of sale thereof”. Auvibel The remuneration is distributed on a yearly basis. How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? Who distributes the collected remunerations to rightholders? Frequency of distribution How frequently is payment due? How frequently is payment Collection process Collection 40 International Survey on Private Copying Law & Practice 2015 determined? How arethedistributionschemes Which rightholders? then applytheapprovedrules. up itsowndistributionrules,subjecttogovernmentapproval.Therightholders Subsequently eachcategoryofrightholdersforworkssets publishers. and forliterarygraphicorplasticworks,1/2theauthors for the authors/composers, 1/3fortheproducersandperformingartists; respective collegesasfollows:foraudioandaudio-visualworks,1/3 the allocation formulawillbeappliedtodistributethetwoamountsamong Once thefinalshareofaudioandaudio-visualworksisdefined,legal neighboring countriesifthisdataisavailable. allocation keydeterminedbyBelgianstudiesand/orcomparisonwith and ontheotherhand,regardingmultimediaproducts,accordingtoan collection onproducts,specificallyusedforaudioandaudio-visualpurposes, distribution occursontheonehandaccordingtoakeybasedactual divided bythecategoryofworksamongaudio,videoandmultimedia.This Firstly, thetotalamountduetoBoardsbyGeneralAssemblywillbe 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 International Survey on Private Copying Law & Practice 2015 41 On October 24, 2013, the Royal Decree of October 18, 2013 on the right to remuneration for private copying was published in the Belgian Official Journal; it entered into force on December 1, 2013. This Royal Decree, which entirely repealed the Royal Decree of March 28, 1996, introduced several amendments concerning the products subject to remuneration and the applicable tariffs (including the addition of tablets and reduced rates for USB sticks, memory cards and external hard drives). The decree extended the scope of remuneration for private copying to new works and new beneficiaries, more specifically to the authors and publishers of literary and graphic or plastic works. As of January 1, 2015, the provisions of the law of June 30, 1994 on authors’ rights and neighboring rights were transposed into Book XI on “Intellectual Property” of the Code of Economic Law by the Law of April 19, 2014, incorporating Book XI on “Intellectual Property” into the Code of Economic Law and introducing provisions related to Book XI in Books I, XV and XVII of the code. There is currently no deduction for collective (social and/or cultural) There is currently no deduction for collective purposes. 1. 2. Distribution scheme, audio:For 2005: 40.79% scheme, audio:For 2005: Distribution 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: 44.54% 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% Distribution scheme, literary/photographic: For 12/2013: 4.01% For 2014: 6.60% Legal developments Is there a social and/or cultural deduction? Distribution keys Distribution Legal developments and court cases Distribution process Social and cultural funds for collective purposes 42 International Survey on Private Copying Law & Practice 2015 Applicable nationalrates generally knownasmicro-systems, mini-systems,midi-systems, radio-recorders andTV-video combinations. base) orconsistofvariouselementsthatare soldonlyasasingle product (elementbase).Thesedevicesare audio-visual worksandwhichissoldonlyasasingleproduct. Integratedsystemsare madeinonepiece(block the possibilityofreading onlymediadifferent from thoseusedforthereproduction functionofsoundand visual works with at least a reception function for sound or audio-visual works, or a function that offers The term “integrated system” refers to a system that combines a reproduction function for sound or audio- Note: “integrateddevice” 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 cassetteanalog MiniDisc Audio cassetteDAT Audio cassetteanalog Hardware, HDD Blank Media Devices Optical StorageMedia 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 than2GBto16GB From 0to2GB More than16GB More than4GBto16GB From 0to4GB More than1TB More than500GBto1TB From 0to500GB

Capacity Capacity International Survey on Private Copying Law & Practice 2015 43 2014 (€) 2014 (€) €56,891.00 €47,975.60 €78,665.52 €107,734.45 €624,411.10 €2,397,716.00 €3,181,984.30 €8,236,842.00 €1,334,882.40 €2,250,463.45 €14,089,103.45 €32,406,669.27 * 2013 (€) 2013 (€) €71,509.10 €56,888.15 €64,560.80 €357,434.50 €741,079.68 €202,501.76 €3,468,667.65 €7,926,460.65 €7,501,434.00 €1,784,175.60 €2,231,274.25 €24,405,986.14

Flash Media 2012 (€) 2012 (€) Mobile phones €136,005.15 €118,295.40 €154,378.10 €171,711.14 €8,790,683.30 €5,502,101.15 €2,951,429.55 €1,190,358.08 €2,386,081.48 €2,426,847.25 €23,827,890.60 Devices Blank Media Hardware, PC, HDD TOTAL Multimedia center Audio devices devices Video mobile phone with MP4-player, MP3-player, MP3 and/or MP4 function Tablets External hard disk drive CD-R/RW data DVD Memory card and USB stick Memory card and USB Video media Video Audio media * Including the settlement of a dispute of ±€6.5m – One-shot Revenues 44 International Survey on Private Copying Law & Practice 2015 Contact information 3. 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 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 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 2015 45 2012 895,817 2011 1,181,691 Burkina Faso is in the process of revising its law to include the use of works Burkina Faso is in the process of revising its law to include the use of works in the digital environment; this will make the law more consistent with the provisions of international treaties and conventions ratified by the country. Discussions with the group of IT professional have resulted in an exemption for mobile phones, which does not include devices for recording of copyrighted works, and a reduction of 5% in the remuneration for private francs. copying on devices whose cost does not exceed 20,000 CFA There is a social and/or cultural deduction of 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, Payment is due on importation. The importer is the person who brings the The importer is the person who brings Payment is due on importation. product into the country. of collecting. No control on the internal market. Customs are in charge 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: authors 50%;producers and performers 50% 2010 e686,122 Legal developments Are there liable parties who deny responsibility or payment for certain media/ devices? Is there a social and/or cultural deduction? 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. How do you monitor or intervene in the How do you monitor or market? remunerations Who distributes the collected to rightholders? schemes How are the distribution determined? Distribution keys How frequently is payment due? How frequently is payment TOTAL The revenues shown above are the total remunerations collected yearly. the total remunerations above are shown The revenues The levy is 10% of the CIF regardless of the type of product. The list of products is updated regularly. is updated The list of products of the type of product. The levy is 10% of the CIF regardless Revenues Applicable national rates Legal developments and court cases Social and cultural funds for collective purposes Social and cultural funds for collective Distribution process Collection process Collection 46 International Survey on Private Copying Law & Practice 2015 Contact information 4. 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 Anna Bucci,ExecutiveDirector www.cpcc.ca Canadian PrivateCopyingCollective €1.00 =$1.369asofMay15,2015 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 Boardhascertifiedprivatecopyingtariffs,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 2015 47 The Copyright Board of Canada sets the levy rate after considering evidence The Copyright Board of Canada sets the levy tariff hearings. The CPCC has submitted by the CPCC and other parties at monthly surveys, which commissioned Circum Network Inc. to conduct of music in Canada. collect information about the private copying 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- CD-R audio to blank CD-R, CD-RW, copying levy applies The private 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 all retained 12.22% of revenue From 2000 to 2013, on average, the CPCC has operating expenses. revenue. In 2013, distribution expenses were 2.36% 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? 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 2015 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 levyispayableonexportedblankaudiorecordingmedia. 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 2015 49 Capacity Per unit Per unit On December 13, 2014, the Copyright Board published the private copying the Copyright Board published the private On December 13, 2014, existing maintaining the levy on CD-R media at the tariffs for 2015 and 2016, per unit. rate of 29 cents (Canadian) 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, per unit. rate of 29 cents (Canadian) maintained filed a proposed tariff for 2012-2014 that In March 2011, the CPCC audio at the current rate CD-R audio and CD-RW the levy on CD-R, CD-RW, micro SD electronic memory cards. On November and proposed a levy on micro of Canada published a regulation exempting 7, 2012, the government effective as of copying levy, SD electronic memory cards from the private Board concluded that, October 18, 2012. On August 30, 2013, the Copyright the regulation issued by the because of the circumstances arising from not be possible to set a levy federal government in November 2012, it would January 1, 2012 to October 17, on micro SD memory cards for the period of 2012 that would be fair and equitable. Act received royal assent, On June 29, 2012, the Copyright Modernization was brought into force. The and on November 7, 2012 a majority of the act 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, which defines an “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. well as a group representing by hardware and software manufacturers as 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 to 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. The CPCC has brought litigation in order to enforce compliance with the Copyright Act and private copying tariffs. Pursuant to the Private Copying Tariff 2015 – €0.21 Pursuant to the Private Copying Tariff Pursuant to the Private Copying Tariff 2015 – €0.21 Pursuant to the Private Copying Tariff Blank Media Court cases Legal developments Audio CD-R/RW CD-R/RW Applicable national rates Legal developments and court cases and court Legal developments 50 International Survey on Private Copying Law & Practice 2015 Revenues MiniDisc Tape CD-RA/CD-RWA Total BlankMedia CD-R/CD-RW 1 euro= Blank Media 26,405,324.57 26,100,705.36 2304,562.35 2012 (2) $1.2838 256.86

24,586,876.10 24,427,108.26 2159,767.84 $1.3673 2013(2)

23,514,089.26 23,403,503.05 2110,586.20 Not Final $1.4675 2014(2)

International Survey on Private Copying Law & Practice 2015 51 Croatia national of Croatian (HRK) 7,657708 middle exchange rate kuna Croatian 2015 bank on January 1, 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 the Articles 32 and 82 of Croatian Copyright Law, Official Gazette: Narodne Novine Provisions of the Articles 32 and 82 of Croatian Copyright Law, Nos. 167/03; 79/07; 80/11; 125/11; 141/13; and 127/14. Implementation began on January 1, 2007. OR OTHER FOR REPRODUCTION OF A COPYRIGHT WORK FOR PRIVATE RIGHT TO REMUNERATION 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 5. 52 International Survey on Private Copying Law & Practice 2015 Collecting society:Collectionanddistribution Liable forpayment Remuneration system (continued) Copyright law 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 theformofphotocopyingandotherpersonaluse,ifthiscopyisnotintendedfororaccessibleto A naturalpersonmayreproduceacopyrightworkinanymediumifhedoes soforprivateuse,or REPRODUCTION OFTHEWORKFORPRIVATE OROTHERPERSONALUSEArticle82 7. 6. 5. 4. this Article. Authors maynotrenouncetherightstoremunerationreferredinparagraphs(1)and(2)of depending ontheinformationnumberofphotocopiesmade. The remunerationreferredtoinparagraph(2)ofthisArticleshallbepaidtheamount photocopying appliances. respect ofthefirstsaleinRepublicCroatiaorimportnew of CroatiaorimportintheRepublicnewblankaudiovideofixation media;3.in new appliancesforsoundandvisualrecording;2.inrespectofthefirst saleintheRepublic (1.) inrespectofthefirstsaleRepublicCroatiaorimport Croatiaof The obligationtopaytheappropriateremunerationreferredinparagraph(1)shallarise: importer. objects arenotproducedintheRepublicofCroatia,remunerationshallbepaidby the and non-commercialuse,formingpartofpersonalluggage.Ifthementionedappliances and or textfixationmediums,unlesssuchimportsconcernsmallquantitiesintended forprivate them importersofappliancesforsoundandvisualrecording,photocopying,blank audio,video manufacturers ofblankaudio,videoortextfixationmediums,andjointly andseverallywith of appliancesforsoundandvisualrecording,manufacturersphotocopying, The remunerationreferredtoinparagraph(1)ofthisArticleshallbepaidbymanufacturers directly onlytoauthorsofmusicalworks. Regarding distributiontoindividualrightholders,HDSZAMPdistributes collected amountstoindividualrightholders. HDS ZAMPdistributestoothercollectiveorganizationsandthey distribute the Costs ofdistributionareincludedinthecostscollection. 18.5%. In accordancewiththelaw, maximumcostsare30%,butHDSZAMPapplies and writers. phonograms, producersandauthorsofaudio-visualworks,bookpublishers HDS ZAMPcollectsremunerationonbehalfofperformers,producers with thelawandagreementsotherrightholders’organizations, State IntellectualPropertyOfficeoftheRepublicCroatia.Inaccordance HDS ZAMPisappointedinaccordancewiththelawandlicenseissuedby International Survey on Private Copying Law & Practice 2015 53 HDS ZAMP distributes to other collective organizations and they distribute HDS ZAMP distributes to other collective organizations Regarding distribution to the collected amounts to individual rightholders. directly only to authors of individual rightholders, HDS ZAMP distributes musical works. half-year to individual Monthly to collective organizations and every rightholders. HDS ZAMP (authors of musical works), HUZIP (performers), ZAPRAF (phonogram producers), DHFR (audio-visual rights), ZANA (publishers of literary works) and DHK (authors of literary works). They are determined by 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. documentation and field Control of customs reports, review of importers’ controls 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. Levies are determined by negotiation with importers. Levies are determined market into account for determining the levies are The main criteria taken by behavior of the consumers and harm caused circumstances, copying copying. a if it can be determined that, without any doubt, Exemptions are made use. not be reproduced for private or other personal copyrighted work may ephemeral by copyright law and applies to Explicit exemption is determined libraries, and to certain institutions (public recordings used in broadcasting or procedures, public archives and educational courts or other administrative do not have any commercial activities. social institutions) if they that, without any doubt, Any product can be exempted if it can be determined for private or other personal use. a copyrighted work may not be reproduced Frequency of distribution Which rightholders? How are the distribution schemes determined? Distribution keys Who distributes the collected remunerations 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? Which criteria are used for determining the Which criteria are used levies/remuneration? or buyers exempt Are there any consumers from levies? Are there any products exempt from levies? How are levies/remuneration determined? How are levies/remuneration Distribution process Collection process Rate setting 54 International Survey on Private Copying Law & Practice 2015 Social andculturalfundsforcollectivepurposes Applicable nationalrates Legal developmentsandcourtcases How cansocialandculturalfundsbeused? social and/orculturalfundin2013? What wastheamountdedicatedto social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsiblefortheallocation Is thereasocialand/orculturaldeduction? Court cases Hi-Fi HDrecorder Hi-Fi DVDrecorder Hi-Fi CDrecorder Analog videorecorder Analog audiorecorder Mobile phonewithMP3-player/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 Per unit projects relatedtothecreationanddistributionofnewworks,etc. funds canbeusedasasupportfore.g.youngartists,festivals,startup Funds aredistributedafteratender. Dependingontheresultsofatender, HDS ZAMPhasdedicated2101,271.68. Collective managementorganizations. social needsofrightholders;itis30%formusicrightholders. By law, thedeductionfromcollectedremunerationsismadeforculturaland pay thelevy. Therearenopendingcasesonprincipalmatters. Several courtcasesweredecidedagainstthosethatdeniedresponsibilityto 40.00 kn 30.00 kn 20.00 kn 10.00 kn 10.00 kn 14.00 kn 14.00 kn 10.00 kn 6.00 kn 6.00 kn 4.00 kn 3.00 kn 3.00 kn 3.00 kn 0.60 kn 0.10 kn 0.12 kn 0.08 kn 2015 1 €=7.657708kn 25.22 23.92 22.61 21.31 20.78 21.31 21.83 21.83 21.31 20.78 20.52 20.39 20.39 20.39 20.08 20.01 20.02 20.01 International Survey on Private Copying Law & Practice 2015 55 240.57 2014(2) 2014(2) 2014(2) 21,323.34 221,650.90 228,177.86 292,302.48 287,283.47 297,339.80 224,924.56 2763,079.31 21,116,122.29 2166.42 2013 (2) 2013 (2) 2013 (2) 23,334.15 231,049.23 244,489.22 281,905.76 291,198.33 231,306.78 2734,435.50 2135,879.84 21,153,765.25 2233.09 2012 (2) 2012 (2) 2012 (2) 24,625.3 242,250.01 259,120.59 273,977.70 287,765.11 2625,187.39 2149,691.86 21,042,851.48 Flash Media Media/Devices Optical Storage Media Devices Other devices Audio cassette Audio CD R/W cassette Video DVD R/W USB stick Hardware, PC Devices with MP3-player (cell phone with MP3- digital audio/video player) player, recorder, Hi-Fi CD (Analog audio/video player, DVD hard disc DVD recorder, CD recorder, recorder) revenues Total Memory card Revenues 56 International Survey on Private Copying Law & Practice 2015 Contact information 6. 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 Czech Republic +420 220315000 Prague 7 160 56 Cs. crmady20 [email protected] [email protected] Ondrej Kacer Tomas Matejicny www.osa.cz OSA CZK Czech Republic − The personliabletopayremunerationshallbe: or audio-visualreproductionsand/orrecordings. Remuneration iscollected by leviesofblankrecordcarriers and devicesformakingaudio economic benefit. fixation, reproductionorimitationofaworkwithoutseekingtoachieve direct orindirect Copyright shallnotbeinfringedbyanybodywhoforhisownpersonalusemakes a Private copydefinedbylawinArt.30ofActNo.121/2000Coll. Decree No.408/2008Coll. and ActNo.168/2008.DecreeofTheMinistryCulture488/2006Coll., asamendedby Act No.121/2000Coll.,asamendedby81/2005,61/2006, Act No.216/2006 − − − − − − − − − for aconsideration, thedevice formakingprintedreproductions. provider ofpaidreproductionservices shallalsomeanthepersonwhomakes available, the providerofpaidreproduction services, inthecaseofprintedreproductions; the or producer; and written requestofthedetailsnecessary fortheidentificationofimporter, consignee that personinformedtherelevant collectiverightsmanager withoutunduedelayupon the carrier or forwarder in lieu of the liable person pursuant to paragraphs (a) to (c), unless the manufacturer, importerorconsigneeofblankrecordcarriers; reproductions; the manufacturer, importerorconsigneeoftechnicaldevicesformakingprinted the ”consignee”); consignee of such devices from member states of the European Communities (hereinafter recordings, importerofsuchdevicesfrom thirdcountries(hereinafterthe “importer”) or the manufacturer of thedevices for making audio or audio-visual reproductions and/or International Survey on Private Copying Law & Practice 2015 57 Payment is based on a half-yearly period. Liable parties are obliged to submit parties are obliged to submit Payment is based on a half-yearly period. Liable goods. a report of manufactured or imported specified OSA monitors the market based on the official statistical data and in rare cases by way of audits. The person or company who imports the good to the territory of the Czech Republic from countries outside the EEA. OSA distributes the collected remunerations quarterly to authors and publishers. The distribution rules are determined by its General Assembly. Quarterly. Music composers, lyricist and publishers. The General Assembly decides by way of distribution rules. Levies are determined by law. by their prices. Levies Levies of devices and PC components are determined to audio tapes, video tapes, on blank recording media are applied per unit capacity for electronic media CDs, DVDs and MiniDiscs or determined by HDDs and SSDs. such as USB flash disks, memory cards, external use. There is no legal exemption for professional digital cameras, The remuneration does not apply to digital camcorders, Where such devices are supplied mobile telephones and cordless telephones. is paid only for the with an embedded memory medium, the remuneration capacity of the embedded medium. 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? How do you monitor or intervene in the market? Who is considered an importer? Frequency of distribution Which rightholders? How are the distribution schemes determined? How frequently is payment due? 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? 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 2015 Applicable nationalrates Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution keys Court cases devices? responsibility orpaymentforcertainmedia/ Are thereliablepartieswhodeny Is thereasocialand/orculturaldeduction? Audio cassettes Audio cassettes Video cassettes Video cassettes Memory card,flash disc DVD-RW DVD-R CD-RW CD-R MiniDiscs Audio b. a. two yearsasfollows: accordance withtheamountsreceivedfromOSAdistributionsforpast The royaltieswillbedistributedtoforeignsocietiesproportionatelyin b. a. calendar yearsasfollows: proportionately inaccordancewiththeirdistributedincomesforthepasttwo The royaltieswillbedistributedtothedomesticcopyrightholders have concludedreciprocalagreementswithOSA. copyright holdersandforeigncollectivemanagersofmechanicalrightsthat reproductions willbedistributedproportionatelyamongthedomestic The royaltiescollectedfromblankcarriersanddevicesusedtomake 5.10. Royaltiesforreproductionsofmusicalworkspersonaluse stipulate thefollowing: There isoneschemeforbothaudioandvideo.TheOSADistributionRules are stillpending. Proceedings againstNokiawithregardtothelevybepaidforsmartphones refuse topayremuneration(3%oftheimportprice). The mostdiscussedproductsaretabletsandrecordTVs.Someliableparties blank levies. Assembly (basedontheCzechCopyrightAct)decided0%deductionfrom There isnodeductionfromblanklevies(otherwisethereis).TheGeneral 20.029 max.1.75 Optical StorageMedia 10% inlinewiththeamountsforpublicperformanceoflivemusic. rights fromon-lineuses) 90% inlinewiththeamountsformechanicalrights(incl. 10% inlinewiththeincomesfrompublicperformanceoflivemusic. rights fromon-lineuses) 90% inlinewiththeincomesfrommechanicalrights(incl. Tariff (2) 20.028 20.037 20.065 20.088 20.113 20.023 20.041 20.008 20.077 Blank Media Flash Media Up to60min. Over 60min. Up to180min. Per 1GB Over 180min. Capacity International Survey on Private Copying Law & Practice 2015 59 268.85 2014 (2) 27.54 CZK 21,391.98 23,969.38 23,918.49 28,401.75 264,320.32 219,535.58 2158,137.59 2830,212.11 2194,831.90 2721,288.65 2117,149.60 2216,305.27 21,184,910.85 23,524,442.31 On sales price of sold devices On sales price of sold devices On sales price of sold devices On sales price of sold devices On sales price of sold devices On sales price of sold On sales price of sold devices On sales price of sold devices On sales price of sold On sales price of sold devices On sales price of sold On sales price of sold devices On sales price of sold Per 1GB Per 1GB 2194.44 2013 (2) 25.98 CZK 22,524.73 24,936.78 27,562.21 210,070.98 268,630.25 214,538.11 2222,882.78 2789,519.07 2206,058.26 2687,412.28 2101,240.28 2237,742.96 21,001,165.23 23,354,478.36 Devices Flash Media Blank Media 3.00% 0.90% 1.80% 0.75% 1.75% 1.50% 1.59% 1.75% 1.59% External HDD 20.003 Hardware, PC, HDD Hardware, PC, HDD Consumer Electronics Consumer Electronics Optical Storage Media 23.188 +20.002 2485.99 2012 (2) 25.15 CZK 22,413.48 25,465.34 213,836.32 279,334.90 215,861.63 213,467.71 2271,758.40 2942,961.03 2669,971.18 2243,032.43 2705,771.81 2132,677.53 2272,555.34 23,369,593.08 E-book Video device with TV Video Video device without TV Video Audio device with radio HDD (internal only) Audio device without radio Memory card writer DVD writer Over 1TB CD writer 1 Euro = Up to 1TB Audio cassettes Video cassettes Video MiniDiscs CD DVD Memory card, flash disc External HDD CD writer DVD writer Memory card writer Internal HDD Audio Video e-book Total revenues Total Revenues 60 International Survey on Private Copying Law & Practice 2015 Contact information 7. Collecting society:Collectionanddistribution Legislation andfundamentalfacts Distribution process remunerations distribution ofprivatecopying Administrative costsfor private copyingremunerations Administrative costsforcollecting Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Website Name oforganization Currency Country appointed by: Collecting societyorCMOis Copyright law Liable forpayment Remuneration system Denmark Manufacturers, importersandretailers(ifnolevyhasbeenpaidpreviously). proceeds onDVDsbetweenagivenyearand2005.Articles39-46a+executive order. Remuneration leviedonmediaandadditionalstatefundingtocompensateforthedifferencein closest circleofacquaintances. analog copies,thedefinitionisbroaderinsensethatitincludesmanufacturerandhis Digital copiesarerestrictedtothemanufacturer’s personaluseorthatofhishousehold.For Article 12–ReproductionforPrivateUse.Thisprovisionappliesonlywhenthe sourceislegal. Consolidated ActonCopyrightNo.202ofFebruary27,2010,withsubsequent amendments. +45 35441403 +45 35441495 København Ø 2100 Bryggervangen 8,1. [email protected] [email protected] Jade Yang Helle Moalem http://www.cdkp.dk/ Copydan KulturPlus DKK 21.00=7.46 Denmark organizations. rightholders –individualdistribution occursthroughthedifferentrightholder Remuneration isdistributedtorightholder organizationsandnottoindividual Approx. 2348,525,forbothcollectinganddistributingtorightholderorganizations. Approx. 2348,525,forbothcollectinganddistributingtorightholderorganizations. Copydan KulturPlusisobligedtoprovidetheMinistrywithallrequested information. Copydan KulturPlushasalegalmonopolybyauthorizationofthe Ministry ofCulture. International Survey on Private Copying Law & Practice 2015 61 There is a social and/or cultural deduction, 1/3 of which is mandated by law. There is a social and/or cultural deduction, 1/3 of which is mandated by The organizations representing the different categories of rightholders are responsible. 1/3 or approx. 21,242,180 in 2013 and 21,107,238 in 2014. The funds can be used as grants, production support, support for festivals, etc. Distribution happens annually to more than 20 rightholder organizations. Distribution happens annually to more than Annually. All categories of rightholders in audio-visual and musical works. The distribution schemes are determined by the individual organizations, subject to a distribution manual prepared by Copydan KulturPlus. A distribution key has been agreed between categories of rightholders. Where possible, individual distribution is based on statistical surveys of private copying, covering both audio and video. Levies/remuneration are determined by law and are payable only for certain determined by law and are payable only Levies/remuneration are by law. blank media specified of the government at the time of implementation. The general IT policy Copydan be exempted through an agreement with Professional users can a refund can be made. KulturPlus. Alternatively, provided educational institutions, are exempted, Professional users, including with Copydan KulturPlus. they have a valid agreement named in the legislation. All products not specifically their sales during the month The liable parties have an obligation to report are sold. following the month in which the blank media publicly authorized accountant Copydan KulturPlus may choose an external who has an undisputed or an administrative employee within the organization inspections. During an right to make both announced and unannounced employee has the right to inspection, the accountant or administrative the to have any value for examine any accounting material which is believed purposes of the inspection. of export documentation showing Exports are refunded upon the presentation the payment of the levies. brings the media into the The importer is the natural or legal person who country. 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? Is there a social and/or cultural deduction? If so, how is this determined? Frequency of distribution Which rightholders? How are the distribution schemes determined? Distribution keys Who distributes the collected remunerations Who distributes the collected remunerations to rightholders? 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 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 Social and cultural funds for collective purposes Distribution process Collection process Rate setting 62 International Survey on Private Copying Law & Practice 2015 Legal developmentsandcourtcases 22 Applicable nationalrates Memory card USB, U3 Flash media DVD, Blu-Ray, HDDVD CD R/RW MiniDisc Analog videocassette Analog audiocassette Legal developments http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62012CA0463&qid=1446981614130&from=EN. 22 Båndkopi vNokiaDanmarkA/S. On March5,2015,theCJEUrendereditsjudgmentinC-463/12– internal memoryofmobilephones. whether theCourtofAppealswilldeliberateonabsencealevy case mainlyconcernsthelegalityofleviesonSDcards,soitisunclear The casewillnowshortlyresumebeforetheDanishCourtofAppeals. many opinionsthatstrengthentheEuropeanremunerationschemes. In additiontothecentralissuesofcase,CJEUissuedandrestated phones. that alevyshouldalsobeimplementedontheinternalmemoryofmobile levy onSDcardsincompatiblewithEULaw. Onthecontrary, theCJEUhinted lack ofalevyoninternalmemorymobilephoneswouldmaketheparticular memory inmobilephonestoalevy. However, CJEUdidnotindicatethatthe whether therearelegitimateobjectivereasonsfornotsubjectinginternal Secondly, theCJEUruledthatcourtsinmemberstatesmustdetermine a deviceismultifunctionalonlyaffectsthesizeoflevy. copying isenoughtojustifyalevyandthattheactualorfact Firstly, theCJEUruledthatfactadevicecanbeusedforprivate 2. 1. main argumentsfromNokiawereasfollows: had arguedthattheDanishlevyonSDcardswasinviolationofEULaw. The article 5(2)(b)oftheInfoSocDirectivewasinconformitywithEULaw. Nokia The centralissueinthecasewaswhetherDanishimplementationof principles ofequaltreatment. not oninternalmemoryinmobilephones,constitutesaviolationofthe The factthatthereisalevyonSDcardsusedinmobilephones,but are multifunctional,soimplementingalevyisnotallowed. Copying onSDcardsconstitutesminimalharm,especiallybecausethey 2014 21

20.6997 20.6997 20.6997 20.4906 20.3097 20.3097 20.0137 20.0098 Per unit Per unit Per unit Per unit Per unit Per unit Per minute Per minute Copydan International Survey on Private Copying Law & Practice 2015 63 26.09 2302.22 2014 (2) 26,060.61 7.446 DKK 2243,178.34 2202,665.10 2403,163.09 2310,429.42 22,667,767.04 23,833,571.90 2736.57 2013 (2) 21,077.41 7.457 DKK 216,391.70 2396,593.89 2464,538.81 2507,175.58 2410,162.32 22,373,431.40 24,170,107.68 2102.61 2012 (2) 23,212.73 7.443 DKK 262,257.88 2526,359.95 2620,318.37 2544,546.51 2405,424.08 22,320,372.61 24,482,594.74 Media/devices Blank Media Analog audio cassette Analog audio cassette Analog video cassette MiniDiscs CD R/RW HD DVD DVD, Blu-Ray, DVD compensation Flash media USB, U3, memory card Total 1 Euro = Revenues 64 International Survey on Private Copying Law & Practice 2015 Contact information 8. 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 copying remunerations Administrative costsfordistributing private Collecting societyorCMOisappointedby: Copyright law Liable forpayment Remuneration system Estonia +372 6684361 + 3726684360 Tallinn 10614 Lille 13 [email protected] [email protected] Lillemäe Viive Kalev Rattus www.eau.org Estonian Authors’Society EURO Estonia into Estoniahasnotpaidsuchremuneration. storage mediaandrecordingdevicesfromtheEuropeanCommunitycustomsterritory The sellerpaystheremunerationwhenmanufacturer, importerorpersonwhobrings responsible forpayment. Manufacturers, importers,sellersofstoragemediaandrecordingdevices are private useofaudio-visualworksandsoundrecordingsworks. Remuneration providedforinarticle26oftheCopyrightActordertocompensate Copyright Actarticles26and27;MinisterialRegulationNo.14(January17, 2006). expenses werehigherthanthecollected remuneration. The distributionofcollectedamounts in2014didnottakeplacebecausethe the remunerationcollected. deduct expensesrelatedtothecollectionandpaymentofremuneration from Society) asthecollectorofremunerationandorganizationhas therightto Under thelaw, theMinisterofJusticeappointsaCMO (EstonianAuthors’ Justice. The CMOistheEstonianAuthors’Society, appointedbytheMinistry of International Survey on Private Copying Law & Practice 2015 65 3% of the value of the goods in the case of recording devices; of the goods in 3% of the value the case of storage media. of the goods in 8% of the value which, due to their technical characteristics, do not enable the which, due to their technical as works and sound recordings of works reproduction of audio-visual single copies; European Community exported or transported from Estonia into the customs territory; of specified in the articles (which are used in the course of the activities association of the undertaking; which the result of the main which are used in an activity in the case of requires the manufacture activity of the person who makes the recording stage; of an audio or video recording as an intermediate in educational and research which are intended for recording activities research; and institutions for the purpose of teaching or scientific of disabled persons. used for making recordings for the benefit − − Any manufacturer, importer or person who brings recording devices and importer or person Any manufacturer, the European Community into storage media from the customs territory of to collect remuneration of the Estonia must inform the organization appointed and storage media within a quantity and purchase price of recording devices form month, in writing or in a period of 20 days from the end of each calendar The organization appointed to that is capable of being reproduced in writing. fee. collect the remuneration can negotiate a different of remuneration and has the The CMO has been appointed the collector right to obtain necessary information from customs authorities, statistical organizations, manufacturing and importing organizations and sellers. The information submitted is confidential and the collector of remuneration has the right to use and disclose the information only in connection with such collection. is repaid on storage media The remuneration Exports are exempted by law. and recording devices exported or transported from Estonia into the European Community customs territory. Manufacturers, importers and sellers of storage media and recording devices are responsible for payment. importer or The seller pays the remuneration when the manufacturer, person who brings storage media and recording devices from the European Community customs territory into Estonia has not paid such remuneration. The amount of remuneration is calculated on the basis of article 27(7) of the is calculated on the basis of article 27(7) The amount of remuneration follows: Copyright Act and is as − − according to a survey of people. Copying behavior, on storage media and recording devices: The remuneration is repaid 1. 2. 3. 4. 5. 6. 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? exempt from levies? Are there any products How are levies/remuneration determined? How are levies/remuneration Collection process Rate setting 66 International Survey on Private Copying Law & Practice 2015 Distribution process Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution keys determined? How arethedistributionschemes Which rightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremunerations Court cases devices? responsibility orpaymentforcertainmedia/ Are thereliablepartieswhodeny Legal developments and/or culturalfundin2014? What istheamountdedicatedtosocial Is thereasocialand/orculturaldeduction? 10% –producersofphonograms 27% –performers; 63% –authors; Distribution scheme,video: 33.33% –producersofphonograms 33.33% –performers; 33.33% –authors; Distribution scheme,audio: consultation withaworkinggroupofrightholders. Distribution schemesaresetandapprovedbytheMinistryofJusticeafter phonograms accordingtotheuseofworksandphonograms. The remunerationisdistributedamongauthors,performersandproducersof Yearly. producers ofphonogramsandarepresentativetheMinistryJustice. year, proportionallycomposedofCMOsrepresentingauthors,performersand preparation ofwhichtheMinisterJusticeshallappointacommitteeevery The remunerationshallbedistributedbasedonadistributionplanforthe 2014, for831,416euros. compensation fordamagesfromthestateincomenotreceived for2010- Constitution ofEstonia.Furthermore,theabovesocietieshaverequested private copyingoftheirworks,shouldbeconsideredinconsistent withthe State calculatesremunerationforincomenotreceivedasaresult of obsolete listofrecordingdevicesandmeans,onthebasiswhich the Court inFebruary18,2013requestingthatthestillvalidbutbasically Phonogram Producers(EFÜ)filedacomplainttothe Tallinn Administrative the EstonianPerformersAssociation(EEL)and of Given thelackofanypositivechanges,EstonianAuthors’Society (EAU), rightholders. list ofproductssubjecttopayment,despiteconstantpressureonbehalf Unfortunately, thegovernmentofEstoniahasnotupdatedorchanged analog devicesandaudio-videocarriersblankCDsDVDs. The EstonianAuthors’Societycanthuscollectremunerationonlyfrom recording devicesandmeanssubjecttopaymenthasnotchangedsince. A privatecopylevyhasbeencollectedinEstoniasince1996.Thelistof The situationinEstoniadidnotchange2014. In 2014,thedistributionfundwas0euros. exceeding 10%oftheremunerationsubjecttodistribution. or forusethereofothersimilarpurposes,butonlyinanamountnot and filmcultureinordertofinanceeducationalresearchprograms Remuneration mayalsobepaidtoorganizationsforthedevelopmentofmusic International Survey on Private Copying Law & Practice 2015 67 Capacity Capacity Per unit Per unit Per unit Per unit Per unit Per unit 2014 29,438.00 3% 3% 8% 8% 8% 8% Tariff Tariff Tariff Tariff 2013 223,993.00 2015 2012 224,883.00 Devices Blank Media Hardware, PC, HDD Media/Devices VHS and DVD recording devices devices Audio cassette, CD-R and CD-RW recording Audio cassettes cassettes Video DVD-R and DVD-RW discs CD-R, CD-RW, MiniDiscs (MD) Revenues Applicable national rates Applicable 68 International Survey on Private Copying Law & Practice 2015 Contact information 9. Legislation andfundamentalfacts Phone City Postcode Address Government Phone City Postcode Address TEOSTO E-mail 2 E-mail 1 Contact Person(asof2015) (as of2015) Name oforganization Contact Person1 Website Name oforganization Currency Country Liable forpayment Remuneration system Copyright law Finland +358 295330004(switchboard) Helsinki FI –00023GOVERNMENT Meritullinkatu 1 00358 9681011 Helsinki 00100 Urho KekkosenKatu2C [email protected] [email protected] Mr. JormaWalden, Director, Copyright,MinistryofEducationandCulture Ministry ofEducationandCulture Mr. Turo Pekari,Researcher www.teosto.fi Finnish Composers’CopyrightSociety, TEOSTO Euros Finland As ofJanuary1,2015:TheGovernment ofFinland. or themanufacturer. do so.However, theretailercouldclaim thepaymentbackfromimporter had topaytheremunerationincaseimporterormanufacturer failedto In 2014,themanufacturerorimporterwasliableforpayment. Theretailer replaced byfinancingfromtheannualstatebudget. device-based leviesfromconsumers, which hadbeenappliedsince1984,was introduced anewfinancingsystemforfaircompensation.Collection of 2014. ThenewlawenteredintoforceonJanuary1,2015.amendment compensation wasratifiedbythePresidentofRepubliconDecember 19, The billtoamendtheprovisionsofCopyrightActpertaining fair 46(3)(a) andsection49(3). Amendments tosection26(a)and26(b),45(7),46(3), section December 19,2014:CopyrightActsections26(c)-26(f)and26(h)repealed. International Survey on Private Copying Law & Practice 2015 69 2014 a maximum by The Ministry of Education and Culture, for TEOSTO is appointed through TEOSTO is responsible for distribution period of 5 years (2011-2016). organizations of rightholders. 2015 2015. state budget financing on January 1, System replaced by annual were 7.5% in 2013, 2480,000. The administrative costs through organizations of rightholders. The remuneration is distributed scope of the remuneration. The Finnish Government sets the level and the importers and Before the decision, negotiations with manufacturers, by the Ministry of Education and organizations representing authors are held Culture. TEOSTO has in December. The negotiations have traditionally been held importers, resellers and invited a group of interested parties, such as issues relating to the level and rightholders, to an informal meeting to discuss quarterly. scope of the remuneration. This group meets the remuneration should be The Finnish Copyright Act expressly states that the main goals of the informal based on the available research data. One of of the compensation includes body is to provide this information. The scope to be distributed to the audio or video carriers manufactured or imported the reproduction of a work general public and other equipment that enables Illegal use. private for copies make to used extent significant a to is which and private copying. Research on copying and licensed copies are not considered since 1999. digital private copying has been conducted financing January 1, 2015. The system was replaced by annual state budget and supervised by a Annual surveys on private copying are designed advisory board for research working group, operating under Finland’s private copying remuneration. The delegations represented in the advisory board for private copying remuneration are the copyright organizations, manufacturers and importers, as well as the Ministry of Education, the and the Ministry of Transport the Ministry of Employment and the Economy, Communications and Consumer Agency. The research working group is responsible for designing and monitoring the surveys. In 2013, it had representatives from the Confederation of Finnish Industries EK, the Finnish Composers’ Copyright Society TEOSTO, the Copyright Society Kopiosto, the Copyright Association for Audio-visual Phonogram Producers and Performers Gramex, producers in Finland Tuotos, IFPI Finland, the Electronic Wholesalers Association ETK, Nokia and the Ministry of Culture and Education. Criteria taken into account include the copying behavior of consumers, the volume of private copying onto different devices and carriers, the original source of the copy and DRMs. The system was replaced by annual state budget financing January 1, 2015. How are levies/remuneration determined? Administrative costs for collecting/ Administrative costs for remunerations distribution private copying Distribution process Which criteria are used for determining the levies/remuneration? Collecting society or CMO is appointed by: Collecting society or CMO Rate setting Collecting society: Collection and distribution society: Collection Collecting 70 International Survey on Private Copying Law & Practice 2015 Collection process Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? The systemwasreplacedbyannualstatebudgetfinancingJanuary1,2015. tablets, gameconsolesandUSBsticks. There isnoprivatecopyinglevyonmobilephones,computers,navigators, − − − − remuneration whentheproductsare: The CopyrightActprovidesanexemptionfromtheprivatecopying The systemwasreplacedbyannualstatebudgetfinancingJanuary1,2015. for withinthreemonthsoftheendpurchaseyear. Professional usersmayapplyforrefundsafterwards.Refundsmustbeapplied and manufacturers,whohaveasalescontractwiththePrivateCopyingUnit. receive auniqueIDthatentitlesthemtopurchasecarriersfromimporters states thatcarriersarenotusedforprivatecopying.Professionalusers exemption, onemustsignadeclarationforthePrivateCopyingUnit,which carriers withoutpayingprivatecopyingremuneration.To receivethe Companies/communities maybegrantedtherighttobuyrecordablemedia/ remuneration. back-up offilesisconsideredajustificationforexemptionprivatecopying included intheprivatecopyingremunerationscheme.Forexample,user related copyingcanbeconsideredprofessionaluse,andthereforeitisnot Professional usersareexemptedfromthelevy. Allcompanyorcommunity- The systemwasreplacedbyannual statebudgetfinancingJanuary1,2015. importers andresponsibleforpaying thelevy. Verkkokauppa.com (2013),TEOSTOconsiderscross-borderretailerstobe C-462/09), andtheHelsinkiCourtofAppealsrulingincase Based ontheCJEUrulingStichtingdeThuiskopievOpusGmbH (Case The systemwasreplacedbyannualstatebudgetfinancingJanuary 1,2015. their monthlyreport.Theydonotneedtofillinarefundapplication. to retailers,orexportthem,canreporttheproductstheyhaveexported in Clients ofaPrivateCopyingUnitthatimportproductsandsellthem inFinland need tobeenclosedwiththeapplication. application form.Acopyofthepurchaseinvoiceandanexportdocument Exports areexempted.Theexportercanapplyforarefundbyfilling inthe The systemwasreplacedbyannualstatebudgetfinancingJanuary1,2015. party liabletopaytheremuneration.Thisinstrumentisveryseldomused. government hastherighttoconductaninvestigationonpremisesofa If thereisaneedtoauditnon-contractualcustomer, theprovincial monthly reportsandverifyingcompliancewithitscontractualobligations. in thecompany’s premisesforthepurposesofauthenticatingcompany’s The contractgivesaprivatecopyingunittherighttoconductaninspection The systemwasreplacedbyannualstatebudgetfinancingJanuary1,2015. annually orbienniallyforthebiggestcustomers. Liable partieshavetoreportmonthly. Customerswithcontractsareaudited − − − − example, alldigitalstoringofdatathatispartnormalbusinesspractices). used asamemoryforstoragedevicesinprofessionaldataprocessing(for used tostorematerialfordisabledpersons; and made forprofessionaluse, teachingorscientificpurposes; used tostorematerialthatisprotectedbytheCopyright Act ifthecopyis exported; TEOSTO v International Survey on Private Copying Law & Practice 2015 71 There is a social and/or cultural deduction of Audio: 35%, Video 50%. It is Audio: 35%, Video There is a social and/or cultural deduction of mandated by ministerial decree. with the Promotion Centre for Responsibility for the allocation of funds lies The Finnish Performing Music Promotion Centre Audio-visual Culture AVEK, of Finnish Music LUSES. ESEK and The Foundation for the Promotion in 2012 to promote and The Finnish Music Foundation (MES) was founded creative. It continues the funding support Finnish music, both performing and their activities. activities of ESEK and LUSES, which have ceased 22,684,000 was distributed to social/cultural funds in 2014 (from 2013 revenues). Examples: promotion of recording, music production, audio-visual production. Gramex, Kopiosto, TEOSTO, Tuotos distribute to rightholders yearly. These are distribute to rightholders yearly. Tuotos Gramex, Kopiosto, TEOSTO, authors phonogram producers and performers, film composers, publishers, schemes are determined by governmental/ and other authors. Distribution ministerial decree. Yearly film publishers, phonogram producers and performers, These are composers, authors and other authors. decree. are determined by governmental/ministerial Distribution schemes Distribution scheme, audio: 65% individual rightholders via copyright societies: 51% – Gramex (phonogram producers and performers) (musical authors) 44% – Teosto 5% – Kopiosto (other authors) Distribution scheme, video: 50% individual rightholders: 69.4% – Kopiosto (other authors) (musical authors) 11.4% – Teosto (film producers) 11% – Tuotos performers) 8.2% – Gramex (phonogram producers and 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 2013? How can social and cultural funds be used? Frequency of distribution Which rightholders? schemes How are the distribution determined? Distribution keys Who distributes the collected remunerations Who distributes the collected to rightholders? Social and cultural funds for collective purposes Social and cultural funds for collective Distribution process Distribution 72 International Survey on Private Copying Law & Practice 2015 Legal developmentsandcourtcases Rates applicableuntilDecember31,2014;statebudgetfinancingfrom January1,2015. Applicable nationalrates devices? responsibility orpaymentforcertainmedia/ Are thereliablepartieswhodeny Legal developments and MiniDisc Recordable CD,DVD,Blu-raydisc VHS C-Cassette Blank Media Audio Rate applicablefromJanuary1,2013to imported fromEstoniawithoutprivatecopyingleviesforFinnishconsumers. levies duesince2006.Verkkokauppa.com offeredblankmediaanddevices company Verkkokauppa.com toHelsinkiDistrictCourtfortheprivatecopying 2008, Teosto suedtheEstoniancompanyArctechoOüandFinnish products includedintheFinnishPrivateCopyingLevyscheme.InOctober of 23.5millionplusinterestforneglectingtopayprivatecopyinglevies for Arctecho OüandVerkkokauppa.com areobligedtopayacompensation the verdictofHelsinkiCourtAppeal(March5,2013)accordingtowhich In itsverdictonMarch9,2015,theHighestCourtofFinlanddidnotchange all responsibilitieswillbetakenoverbytheMinistry. which timeTeosto willcontinuetoadministertheremainingtasks.Thereafter The phase-outperiodofthedevice-basedsystemwillbethreemonths,during committee willbeestablishedtoassisttheMinistryindesigningstudies. responsibility forconductingsurveysonprivatecopying.Aconsultative be conductedbytheMinistryofCulture.Thewillalsoassume of faircompensationtoCMOsbefurtherdistributedrightholderswill all device-basedlevieswillbeannulledasofthebeginning2015.Allocation reviewed onthebasisofdevelopmentprivatecopying.Consequently, and 2016willbe11millioneuros.Asof2017,thesituationannually model areasfollows:Annualfaircompensationfromthestatebudgetin2015 was replacedbyannualstatebudgetfinancing.Themainfeaturesofthenew device-based leviesfromconsumers,whichhadbeenappliedsince1984, introduces anewfinancingsystemforfaircompensation.Thecollectionof 2014. ThenewlawwillenterintoforceonJanuary1,2015.amendment compensation wasratifiedbythePresidentofRepubliconDecember19, The billtoamendtheprovisionsofCopyrightActpertainingfair December 31,2014 1.824 1.368 0.912 Rate 0.45 1.8 1.2 0.6 0.2 0.6 0.3 Memory over25GB Memory over10GB,max.25GB Memory over1GB,max.10GB Memory uptomaximumof1GB 240min 180min 120min 120min 90min 60min Capacity International Survey on Private Copying Law & Practice 2015 73 n/a 211,200 223,000 210,100 2014 (2) 2256,000 2466,000 2257,000 22,441,000 21,414,000 24,878,300 Capacity n/a 214,700 212,700 2013 (2) 2405,000 2695,000 2475,000 227,7002 22,661,000 22,116,000 26,407,100 Memory minimum 50GB, max. 250GB Memory minimum 50GB, 1TB Memory over 250GB, under max. 3 TB Memory minimum 1TB, max. 1GB Memory over 512MB, 20GB Memory over 1GB, max. 50GB Memory over 20GB, max. Memory over 20GB, max. 50GB Memory over 50GB, max. 150GB Memory over 150GB, max. 250GB Memory over 250GB, max. 500GB Memory over 500GB, max. 750GB Memory over 750GB n/a 219,300 226,100 211,900 2012 (2) 2774,000 21,075,000 21,998,000 22,644,000 2525,0002 27,073, 300 9 4 7 12 18 10 12 15 18 25 30 36 Blank Media December 31, 2014 Consumer Electronics Consumer Electronics Consumer Electronics Optical Storage Media Devices, Hardware, PC, HDD Rate applicable from January 1, 2013 to from January 1, Rate applicable Devices Hardware, PC, HDD C-Cassette VHS CD DVD Blu-ray disc MiniDisc External hard disc Digital video recorder (set-top boxes) MP3-player Revenue Total External Hard Discs (including Flash/ External Hard Discs (including SSD) integrated Digital recorders with mp3- storage capacity – e.g. with recorders and set-top-boxes hard discs. Note: For 2014, the total revenue, including December 2014 sales, was 5,200,000 euros (annual revenue is calculated from December is calculated from (annual revenue sales, was 5,200,000 euros including December 2014 Note: For 2014, the total revenue, to November). State budget financing started on January 1, 2015. Revenue 74 International Survey on Private Copying Law & Practice 2015 Contact information 10. 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 copying remunerations Administrative costsofdistributing private copying remunerations Administrative costsofcollectingprivate 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 only distributestocollectingsocieties, whichthendistributetorightholders. Copie Franceisnotresponsiblefor distributingPCRdirectlytorightholders. It 0.80% Copie France Importers andmanufacturersofliablemedia/devices. capacity. Levy onmediaandequipmentwithinternalstoragecapacity, according toits 2. 1. Articles L311-1toL311-8CPI,BookIII,PartI,oftheIntellectualProperty Code. decisions excludeDAT, C10andC15tapes,8cmDVDs. administrative commissioninchargeofsettingtherates,andspecific All kindsofmedianotincludedwithinthescopedecisions and whicharenotpresumedtobeusedforprivatepurposes; shall notapplytostoragemediaordevicesacquiredforprofessionaluse 2011, enactedonDecember23,2011):theobligationtopayremuneration was amendedlastDecember(IPC,L311-8II-lawdated20, The scopeoftheexception,inaccordancewithPadawandecision, International Survey on Private Copying Law & Practice 2015 75 Payment is due monthly. or through court decisions. The market is controlled on a voluntary basis and importers that sell media or Exports are exempted. French manufacturers equipment abroad do not have to pay levies. When distributors/retailers export levied products bought in France, they must provide Copie France with proof that the levied product has been exported Copie France verifies and that the remuneration has been paid by its supplier. refunds the that the remuneration has effectively been paid by the supplier, and then informs the exporting company that its incurred costs to the supplier, supplier will, in turn, refund its 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 ‘general interest’. Decisions are discussed, represents the state and upon and officially published. level of commission the obligation to determine the IPC, L 311-4 gives the usage. remuneration based on in accordance with the Padawan decision was The scope of the exception 20, 2011, 2011 (IPC, L 311-8 II- law dated December amended in December to pay remuneration shall not enacted on December 23, 2011): the obligation for a professional use and which apply to storage media or devices acquired are not presumed to be used for private purposes. professionals are entitled to a refund, and may apply for According to the law, an exemption agreement. a refund or an exemption Any end-user of liable media may apply for prove that they are the end- agreement. They are also exempt if they can to presume usage of such users of the storage media, making it impossible media for private copying. of the scope of the decisions All categories of media are not included within C10 &C15 decisions exclude DAT, the administrative commission, and specific 8cm DVD. Tapes, How do you monitor or intervene in the market? Are exports exempted? Who is considered an importer? How frequently is payment due? Are there any consumers or buyers exempt Are there any consumers from paying the levies? Are there any products exempt from levies? How are levies/remuneration determined? How are levies/remuneration Collection process Rate setting 76 International Survey on Private Copying Law & Practice 2015 Distribution process Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution key How isthedistributionpatterndetermined? Who aretherightholders? Frequency ofdistribution to rightholders Who distributesthecollectedremuneration Court cases media/devices?) responsibility orrefusetopayforcertain Are thereliablepartieswhodeny Please giveexamples. How cansocialandculturalfundsbeused? and/or culturalfundsin2013? What wastheamountallocatedtosocial social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsiblefortheallocation deductions? Are thereanysocialand/orcultural 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 mainly totheexemptionofprofessionalusersliablemedia. the Europeandirectiveonprivatecopying(2001/29).Thechallenges relate There arechallengestothelegalbasisofFrenchPCRsystem, relativeto especially thecriteriaandlegalbasisforsettingtariffs. manufacturers/importers whochallengetheentireFrenchPCRsystem, Copie Franceisfacingdifficulties(non-payment,courtcases)with some provides informationonhowPCRisusedforculturalpurposes. For completeinformation,visitwww.copieprivee.org, aspecialwebsitethat 25% allocations Authors’, producers’andperformers’organizationsareresponsibleforsuch There aresocialand/orculturaldeductionsdeterminedbylawIPCL321-9. 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 2015 77 250.00 219.15 245.73 20.015 2125.77 228.51 242.84 in euros Private copying remuneration in euros Private copying remuneration Private copying remuneration 212 218 225 230 245 26.30 237.50 21/GB 21.50/GB 20.88/GB 20.50/GB 20.35/GB 20.33/GB 21.50/GB Private copying remuneration in euros Remuneration in euros per gigabyte (2/GB) Remuneration in euros per gigabyte (2/GB) Recording duration Recording duration or storage capacity Per 100,000MB (i.e. 20.35 per 700MB) Per 100GB (i.e. 20.90 per 4.7GB) Per 100 hours (i.e. 20.56 per 74 mins) Per 1.44MB Per 100 hours (i.e. 23.77 per 180 mins) Per 100 hours (i.e. 21.29 per E180 item) Per 100 hours (i.e. 20.43 per C90 item) Storage capacity Storage capacity Storage capacity Carrier Carrier Video tapes (VHS) Video Audio tapes Up to 8GB Over 8GB and up to 40GB Over 40GB and up to 80GB Over 80GB and up to 160GB Over 160GB and up to 250GB Over 250GB and up to 320GB Over 320GB and up to 500GB Data CD R and RW Up to 4GB Over 4GB and up to 8GB Over 8GB and up to 16GB Over 16GB and up to 32GB Over 32GB and up to 96GB Up to 8GB Over 8GB up to 32GB 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 Applicable national rates Applicable 78 International Survey on Private Copying Law & Practice 2015 − − cards Memory keys USB − hardMultimedia external discsormemories: Note:  Discs Hard External Standard Over 8GB Over 4GBupto8GB Over 2GBupto4GB Up to2GB Over 8GB Over 4GBupto8GB Over 2GBupto4GB Up to2GB Over 500GBandupto1000GB Over 320GBandupto500GB Over 120GBandupto320GB Up to120GB Over 5000GBandupto10,000GB Over 1000GBandupto5000GB Over 1TBandup to2TB Over 500GBandupto1TB Over 320GBandupto500GB Over 250GBandupto320GB Over 160GBandupto250GB Over 80GBandupto160GB Over 40GBandupto80GB Over 8GBandupto40GB Up to8GB − − − content (boxwithmultimediaHDDorrecording capacities). Which are integratedinorconnectedtoa decoderandare notexclusivelyusedforrecording video of audio/videocontentwithoutaPC;and audio/videoand/orrecordingWith jackoutputinterfacesandinputthatallow the recording without aPC; audio/videoand/orrecordingWith jackoutputinterfacesthatallowtheplayblackofaudio/video content Network storagesystems(NASandNDAS)forhouseholds(desktopversions) SSD (solidstatedrive)systems hardExternal discswithUSBorFirewire interface Included inthiscategoryare: Storage capacity Storage capacity Storage capacity Storage capacity Remuneration ineurospergigabyte(2/GB) Remuneration ineurospergigabyte(2/GB) Remuneration ineurospergigabyte(2/GB) Private copyingremunerationineuros Private copyingremunerationineuros 20.06/GB 20.07/GB 20.08/GB 20.09/GB 20.10/GB 20.13/GB 20.16/GB 20.20/GB 212.50 20.012/GB 20.015/GB 29.30 26.30 232 231 230 227 223 216 29.60 28.40 220 211 International Survey on Private Copying Law & Practice 2015 79 2014 2014 2 129,000 2223,000 24,808,000 26,272,000 26,495,000 24,937,000.00 21.25/GB 20.8000/GB 20.5250/GB 20.3281/GB 20.1969/GB 20.7000/GB 20.5000/GB 20.3095/GB 20.2360/GB 2013 2013 2 567,000 2535,000 28,384,000 28,951,000 28,990,000 29,525,000 Remuneration in euros per gigabyte (2/GB) Remuneration in euros per gigabyte (2/GB) Remuneration in euros per gigabyte (2/GB) Remuneration in euros 2012 2012 285,131 211,504 2191,066 28,307,802 28,595,503 22,796,901 216,381,548 219,178,449 Storage capacity Storage capacity Storage media for music playback Audio Revenue Video Revenue Video The rate applicable to recording devices sold with one or several data storage media (e.g. memory card, external hard The rate applicable to recording devices sold combined (“bundle”), or sold separately or several packagings disc) in the same transaction, in the same packaging (“complimentary offer”), is determined by calculating the total recording but obviously intended to be used together and applying the relevant rate of the device to the resulting total capacities of the storage media and the device capacity. offer” with a device No remuneration shall be paid for storage media sold as part of a “package deal” or “complimentary whose recording capacity is not subject to a private copying levy. Any capacity Up to 8GB Over 8GB and up to 16GB Over 16GB and up to 32GB Over 32GB and up to 64GB The rate applied to the device is calculated by taking into account: (a) the storage capacity of the carrier; and (b) the storage The rate applied to the device is calculated capacity of the device. 1. 2. Data CD R/RW Up to 8GB Over 8GB and up to 16GB Over 16GB and up to 32GB Over 32GB and up to 64GB Video cassette Video Audio cassettes Audio CD DVD data MiniDiscs “Audio” Total Total “Video” Total Multimedia touchscreen tablets running on a specific operating system or a mobile device operating system. tablets running on a specific operating system or Multimedia touchscreen Memories and hard discs for audio storage and playback integrated in a global positioning system (GPS) or integrated in a global positioning discs for audio storage and playback Memories and hard and road elements such as navigation software storage media used for other from a car radio and separate map information. Revenue Data storage media sold as part of a “package deal” or “complimentary offer” with a recording device. with a recording “package deal” or “complimentary offer” Data storage media sold as part of a Mobile phones with music and video playback functionality video playback with music and Mobile phones 80 International Survey on Private Copying Law & Practice 2015 (2) I (1)  Additional Information into a digital audio (mp3) player Hard discsormemoryfitted recorder Hard discfittedintoavideo devices into amultimediaWalkman or Memory orharddiscfitted and TVset Hard discinsertedadecoder USB sticks Hi-Fi devices Memory orharddiscfittedinto multimedia harddisc Multimedia boxesor Removable memorycards External harddiscs Walkman phones Tablets car radio positioning system(GPS)ora Memories fittedintoaglobal Total “Devices” For memoryorhard discsinsertedinto multimediadevices,revenue issplitbetweenaudioandvideoremunerations. written andvisualartsworksremunerations. For hybriddevices,dataCD-R,DVD,USBkey, hard external discsandmemorycards, revenue are splitbetweenaudio,video, n France,revenue iscollectonmedia insertedintodevices,notondevicesthemselves. Device Revenue stick data) (in 2012includedinUSB 2146,103,773 211,816,912 212,354,452 223,147,754 232,461,189 252,184,074 24,535,756 22,499,869 26,421,319 2671,246 211,202 2012 Others 2207,972,000 221,673,000 217,512,000 235,036,000 255,219,000 231,890,000 22,994,000 29,678,000 27,285,000 27,369,000 2840,000 2013 2216,861,000 218,793,000 212,200,000 218,592,000 227,487,000 279,437,000 229,641,000 21,959,000 25,525,000 29,821,000 21,974,000 2014 International Survey on Private Copying Law & Practice 2015 81 ZPÜ (Zentralstelle für Private Überspielungsrechte) collects private copying remunerations for media and devices, which can be used for copying private copying and VG Bild-Kunst collect audio and video works. VG Wort remunerations for media and devices which can be used for copying text and pictures, but not for audio or video works. ZPÜ is appointed by its member societies (collecting societies), which represent their rightholders. ZPÜ distributes to member societies. Member societies distribute to their rightholders. Distribution has to be agreed upon by all member societies. ZPÜ makes no distinction between the collection costs and distribution costs of private copying remunerations. Copyright Act of September 9, 1965, amended on June 26, 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 54(2) and (3) UrhG. applies to all the above copies. the term “private copies” In Germany, There is no remuneration for copies made from illegal sources. Remuneration is levied on media and devices. Importers, manufacturers, resellers and retailers. Germany Euro Überspielungsrechte Zentralstelle für private www.zpue.de Till Zimmer Dr. info@zpue [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 1 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Collecting society: Collection and distribution Legislation and fundamental facts Contact information 11. 82 International Survey on Private Copying Law & Practice 2015 Rate setting Applicable nationalrates Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution process Collection process Legal developments deductions? Are thereanysocialand/orcultural Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt remuneration? What criteriaisusedtodeterminelevies/ How arelevies/remunerationdetermined? determined? How arethedistributionschemes Who aretherightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremuneration Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? Business PC Consumer PC Internal CD/DVD-writer Small mobilePC PCs Rate validfromJanuary1,2011 There isageneralagreementPCsfor2011-2016(seerates). Lawsuits inprogressforalltypesofmediaandequipment. No levies. All devicesandmediausedforprivatecopyingaresubjecttoremuneration no exemptionsforconsumers. There arevariousexemptionsforprofessionalandindustrialusers. are Empirical studiesontheusageofdevicesandstoragemedia. by thecourts. new andvalidrateisultimatelysuggestedsetbythearbitrationboard or market researchdata.Thisregularlyleadstojudicialproceedingssuchthat a and importers.Ifnegotiationsfail,thentheratesaresetbyZPÜbasedon Levies aresetbyZPÜthroughnegotiationwithassociationsofmanufacturers member societies. Distribution schemesaredeterminedthroughnegotiationsamongZPÜ there isnoregularfrequency. Distribution isdoneatthediscretionofZPÜandpartners.Atmoment, rightholders. ZPÜ distributestomembersocieties.Membersocietiesdistributetheir private consumer. commercial entity. ThepartyabroadisliableiftheGermanrecipienta In cross-bordersales,theGermanpartyisliable,ifrecipienta Exports areexemptedbylaw, article54IIUrhG. manufacturers arecheckedagainstthefiguresreportedbyretailers. reasonable doubtabouttheaccuracyofreports.Thereportsimportersand Importers andmanufacturerscanbeinvestigatedbyaccountantsincasesof Monthly ortwiceayear, dependingoncontract/generalagreement. e13.1875 e10.250 e4.0000 e0.00 per unit per unit per unit per unit International Survey on Private Copying Law & Practice 2015 83

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 hour per hour per hour per hour Capacity e7.00 e5.00 e7.00 e9.00 e0.91 e1.56 e0.91 e1.95 e13.00 e34.00 e19.00 e17.00 e0.062 e0.197 e0.139 e0.271 e0.550 e1.264 e0.117 e0.386 e1.8750 e0.0870 e0.0614 e0.0614 e0.0614 e17.0625 e15.1875 December 31, 2010 Rate valid from July 1, 2012 Rate valid from January 1, 2008 Rate valid from January 1, 2010 Rate valid from January 1, 2008 Rate valid from January 1, 2008 Rate valid from January 1, 2010 Rate valid from January Rate valid from January 1, 2008 Rate valid from

PCs HDDs Flash Media Blank Media Consumer Electronics Optical Storage Media Set-Top-Box with external HDD Set-Top-Box External CD/DVD-writer Multi-media HDD with recording function Multi-media HDD without recording function Network HDD < 1TB Network HDD ≥ 1TB External HDD < 1TB External HDD ≥ 1TB PC with CD/DVD-writer PC without CD/DVDVD-writer Internal CD/DVD-writer CD-R up to 900MB CD-RW up to 900MB DVD+/-R GB DVD+/-RW 4.7GB DVD-RAM 4.7GB DVD-RAM 9.4GB DVD double sided 9.4GB DVD double layer/dual layer 8.5GB USB sick ≤ 4GB USB stick > 4GB Memory card ≤ 4GB Memory card > 4GB VHS Audio-CD-R/RW DAT/MD Audio cassette 84 International Survey on Private Copying Law & Practice 2015 The figures show revenue, notpayments.Onaccountoflawsuits,thefullamountshavebeenpaid. Revenue Total Tablets HDDS PCs +CD/DVDWriter Mobile Phones Consumer Electronics CD/DVD/Audio /Video blankMedia USB/Flash Media 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 Reserve forbaddebt/allowance Mobile phoneswithouttouchscreen Mobile phoneswithtouchscreen≥8GBstorage Mobile phoneswithtouchscreen<8GBstorage Collected Amounts Mobile Phones

2130,267,000 2-87,781,000 274,117,000 218,135,000 23,841,000 21,079,000 27,580,000 2996,000 2012 0 Media/Devices Rate validfromJanuary1,2010 Rate validfromJanuary1,2011 e15.00 e13.00 e25.00 e34.00 e34.00 e34.00 e49.00 e39.00 e30.00 e22.00 e15.00 e12.00 e36.00 e16.00 e5.00 e5.00 e7.00 2102,546,000 2129,232,000 2-99,360,000 215,470,000 211,226,000 226,454,000 211,649,000 27,756,000 2119,000 2013 2-151,063,000 2281,204,000 2253,781,000 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 299,544,000 226,472,000 217,761,000 230,994,000 23,627,000 288,000

2014 International Survey on Private Copying Law & Practice 2015 85 The reproduction of a “LAWFULLY PUBLISHED WORK” for private use is The reproduction of a “LAWFULLY the object of the exception (See Article 18 (1) of the Law below). Definition of private use: according to Article 18(1): “Without prejudice to the provisions laid down in the following paragraphs, it shall be permissible for a person to make a reproduction of a lawfully published work for his own private use, without the consent of the author and without payment. The term private use shall not include use by an enterprise, a service or an organization.” AEPI is an organization responsible for collecting remuneration for authors, composers and rightholders of musical works WHO ARE MEMBERS OF AEPI. Standard 8% upon distribution of the collected income. – i.e. authors, composers and right TO ITS MEMBERS AEPI distributes ONLY owners of musical works. It distributes directly to individual rightholders. Article 18 of Law No. 2121/1993 on Intellectual Property and Neighboring Property and Neighboring Article 18 of Law No. 2121/1993 on Intellectual still 3049/2002, and 3207/2003, is Rights, as amended by Laws Nos. 2435/1996, in force a. b. Remuneration is a levy (%) on recording media and/or equipment. Importers or manufacturers. Greece Euro AEPI www.aepi.gr Christine Mergoupi [email protected] [email protected] & Fragoklissias 51, Samou Str. 15125 Athens Amaroussio, 0030-21110-29001 0030-210 – 6851576 Greece Collecting society or CMO is appointed by: Administrative cost of collecting private copying remunerations Distribution process Remuneration system Liable for payment Copyright law Currency Name of organization site Web Contact Person 1 E-mail 1 E-mail 2 Address Postcode City Phone Fax Country Collecting society: Collection and distribution Legislation and fundamental facts Contact information 12. 86 International Survey on Private Copying Law & Practice 2015 Rate setting Collection process Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? media/devices hereunder. Levies areimposedonconsumerproductsasperthenon-restrictivelistof include usebyanenterprise,aserviceororganization.” consent oftheauthorandwithoutpayment.Thetermprivateuseshallnot reproduction ofalawfullypublishedworkforhisownprivateuse,without the in thefollowingparagraphs,itshallbepermissibleforapersontomake According toArticle18(1):“Withoutprejudicetheprovisionslaiddown authoritative. As therateoflevyissetbylegislators,criteriaarelegislative and By law Article 18(3). Theremunerationispayablethreemonthsafterimportation.” that thesalespriceincludesfeecalculatedonstatedvalueasper invoice ofthesaidrecordingsandtechnicalmeansshallsimplystate provided forbythisarticleshallbeestablishedonthebasisofsales the valuestatedininvoiceofforeigncompany, andtheinvoicenote referred toinArticle18(3),theremunerationshallbecalculatedbasedon procurement ofsoundand/orimagerecordingsorothertechnicalmeans required topayanequitableremunerationfortheimportorinter-community According toArticle18(10)ofthenationallaw:“Whereimporteris Exports areexempted(notbyLaw). to theapplicantCollectingSociety. Provisionismadeforfurthersanctions. statutory statement,failingwhichthatpartypaysafineof23,000to30,000 injunction hearing,orderstheliablepartytoimmediatelysubmitabove to submitsuchastatement,thesingle-judgedistrictcourt,sittingatan imported orproducedinGreece.Incaseswhichtheliablepartyfails of equipment/mediafittoreproducemusicaland/oraudio-visualworks, Intellectual PropertyOrganization(IPO),toascertainthetruetotalvalue of anystatutorystatementbyacertifiedaccountantappointedthe Each collectingsocietyisentitledtorequestverificationoftheaccuracy contractually regulatedbetweentheorganizationsandimporter. It isusuallydonebysubmittingstatutorystatements,andpaymentsare The lawstipulatesthatpaymentmustbemadethreemonthsafterimportation. International Survey on Private Copying Law & Practice 2015 87 No Mobile phone importers: legal proceedings initiated in 2013 were terminated 2014. A few importers and one manufacturer deny the responsibility of paying but there is a very limited chance of their winning. PCR altogether, All organizations collecting private copying remuneration for various private copying remuneration for various All organizations collecting distribute remuneration to their members. categories of rightholders other of the distribution of collected levies by The manner and frequency to their members is not known. AEPI distributes rightholder organizations every six months. and of right holders: creators, producers There are three big categories performers. By legislators. to scheme (applicable Legislators has settled for the following distribution both audio and video): 55% to creators (all categories of rights owners) 25% to interpreters and performers 20% to producers of audio and video works. to creators is distributed Distribution scheme for audio: the 55% awarded for AFTODIAXEIRISI (music as follows: 85% for AEPI (music authors), 7% THESPIS (playwrights/ authors), 5% OSDEL (writers/publishers), 1.5% (directors/scriptwriters). translators of plays) and 1.5% ATHINA to creators is distributed Distribution scheme for video: the 55% awarded 1.5% for AFTODIAXEIRISI (music as follows: 19.1% for AEPI (music authors), THESPIS (playwrights/ authors), 4% OSDEL (writers/publishers), 5.4% 3% for OSDEETE (directors/scriptwriters), translators of plays), 52.5% ATHINA (fine artists) and 11.5% FIVOS (photographers). to creators for audio and 19.1% *(AEPI collects the 85% of the 55% awarded of the 55% awarded to creators for video.) products is awarded to The remaining 45% in both categories of levied agreed formulae. producers and performers according to their Court cases Are there social and/or cultural deductions? Frequency of distribution Who are the rightholders? schemes How are the distribution determined? Distribution key Who distributes the collected remuneration 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 88 International Survey on Private Copying Law & Practice 2015 Applicable nationalrates CD-RW data CD-R data Travan disc DDS tapes PC diskettesover100mb DVC, Blu-rayDiscs DVD-R, DVD+RW, DVD+R,RAM,Mini Cassettes (VHS,HI8,MiniDV, Video8) Video Carriers Music mobilephones Mini-micro systems Hi-Fi MiniDisc Micro PA ICDs (digitalvoicerecorders) Music servers(jukeboxes) Car Hi-Fiharddiscormemoryslots Hi-Fi taperecorderMidi Hi-Fi CDwriter(consumer) Digital audiorecorders–MP3-players Audio Devices MiniDisc, DVD-Audio Audio CD-RW, DAT Cassettes (MC),audioCD-R Audio Carriers Blank Media 6% oftheimportpriceallproducts/devices 6% oftheimportpriceallproducts/devices 6% oftheimportpriceallproducts/devices Rate International Survey on Private Copying Law & Practice 2015 89 2014 (2) 2132,028.17 2204,626.28 2336,654.45 2013 (2) 2135,489.57 2162,175.77 2297,665.34 6% of the import price of all products/devices 6% of the import 2012 (2) 253,910.00 2191,788.60 2245,698.60 Video Devices Video DVD writer PC (external) (external) CD-ROM recorder PC disc) TV with recorder (hard without hard disc) DVD recorders (with or video recorders (video cameras) Hard disc inserted into MP4-players, etc.) Digital recorders (iPods, VHS recorders disc (PVR) Digital receiver with hard Hard drive media players Blu-ray recorders (external) Digital camcorders Digital cameras with SD cards Game consoles Digital recorders for IPTV and VOD services Media boxes MiniDiscs Compact flash memories USB flash, memory sticks, cards Smart media memory cards, (Sony Data Portable hard disc (external) ZIP drives, USM USB) jazz drives Mobile phones (except music mobiles) Audio revenue Video revenue Video Total Additional Comments: allocated to AEPI (85% in the audio the percentage The audio and video categories both comprise media and devices only regarding Also, the sums mentioned in each category include sector respectively). and 19.1% in the video sector out of the 55% for creators, retroactively. collected past royalties Revenue 90 International Survey on Private Copying Law & Practice 2015 Contact information 13. Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Web site Name oforganization Currency Country Remuneration system Copyright law Hungary + 3612121542 + 3614882660 Budapest 1016 Mészáros u.15-17. [email protected] [email protected] Brigitta Puskas David Kitzinger www.artisjus.hu ARTISJUS Hungarian forint(HUF)12=314.89HUF(1/1/2015) Hungary rates chartthatissubjecttogovernmentapproval. and soundrecordingproducers.Remunerationratesaretobeincluded ona societies representingfilmauthors,producers,visualartists, performers society (Artisjus)inagreementwiththeotheraffectedcollective management Remuneration isdeterminedbythecompetentcollectivemanagement distribution onaudio-visualoraudiocarriers.” to thepublicthroughprivatecabletelevisionnetworks,andreleasedfor of suchworksbroadcastbyradioandtelevisioncompanies,disseminated and soundrecordingsshallbepaidtotheauthors,performersproducers “Private copyremunerationforprivatecopyingofworks,performances,films Act readsasfollows: Copyright ActLXXVIof1999.Thedefinitionin§20(1)and(2)the International Survey on Private Copying Law & Practice 2015 91 professional users under the CA (Art. 20 (3)); 20 (3)); the CA (Art. professional users under 20 (3); the CA (Art. export exemption under with the in accordance extended professional use, upfront exemption for stipulations in accordance with as well as reimbursement decision, Padawan and detailed Artisjus, rate chart of relevant Amazon decision under the the of the statutory exceptions. stipulations on the application − − − Initial rates are set by rights owners’ organizations. These are approved annually by the Ministry of Justice via the Hungarian Intellectual Property Office, after a consultation process. also monitor We conduct user surveys, focusing on media usage patterns. We prices and technology trends. approach to a harm-based are moving from a purely user-behavior We approach. This approach incorporates user patterns and market trends. Furthermore, we applied a general fee reduction of 30% to reflect the impact of the ACI Adam decision. chart in accordance offer exemption to professional users under the rates We from paying the provide upfront exemption with the Padawan ruling. We levies. The rates chart indicates the relevant products, and the current list does not include PCs, notebooks, ultrabooks or CD-DVD writers. Artisjus. Registration by the competent public administration agency. The administration agency. Artisjus. Registration by the competent public and distributes private copy Hungarian Intellectual Property Office collects remuneration. by apply in distributions The administrative cost is 17%. No further deductions share from Artisjus in a statutory Artisjus. The other CMS, which receive their proportion, may apply a further deduction. total. Other rightholders might Administrative cost of distribution: 10% of the apply further deductions. owners. No further Distribution schemes are determined by rights governmental approval is required. Artisjus distributes directly to the individual musical and literary rightholders it represents, but has been mandated in the CA to transfer statutory shares to other collective management societies of sound recording producers, performers, film right holders and visual artists. Manufacturers and producers of liable devices and media are liable for liable devices and media and producers of Manufacturers payment. for: There are exemptions − − − (8) shall under CA Art.35 (1), (4), (5), (7) and The private copy remuneration through various instances of free reproduction: remedy the harm caused persons, LAMS free reproductions, reproductions private copying by natural and ephemeral reproduction by made in schools for teaching/exam purposes broadcasting entities. of the exemptions For more information, see the terms and conditions provided for in the Rates Chart. http://www.artisjus.hu/wp-content/uploads/2013/04/aktualis_ jogdijkozlemeny_u.pdf a joint and several liability. Resellers, wholesalers and retailers also bear How are levies/remuneration determined? 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? The collecting society or CMO is appointed by: Administrative cost of collecting private copying remunerations Administrative cost of distributing private copying remunerations Distribution process Liable for payment Rate setting Collecting society: Collection and distribution 92 International Survey on Private Copying Law & Practice 2015 Collection process Distribution process Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? Distribution key determined? How arethedistributionschemes Who aretherightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremunerations domestic marketorfromoutsidetheEU. on Hungarianterritory, regardlessofwhethertheproductcomesfrom The importeristhelegalpersonwhofirstputsgoodsintocirculation rates chart. submitted inconjunctionwiththeclearance.Thedetailsareprovided and deliverynotes(EUexports),orstatementsofcustomsclearance,are In dailypractice,Artisjusacceptsrefundclaimswhenauthenticinvoices Exports areexemptedbylaw. ThereisnorefundschemeundertheCA. 3. 2. 1. Control ofliableparties: warehousing thegoodspriortodistribution(forproducers). The liabilitymomentistheeighthdayafterimportation(forimporters),or after 25% performers(EJI) 20% authorsofmusicandliterature(ARTISJUS) 16% scriptwriters(FILMJUS) 4% visualartists(HUNGART) 22% cinematographiccreators(FILMJUS) 13% Filmproducers(FILMJUS) 80% rightsowners,suchas: 20% authors(ARTISJUS) Distribution scheme,audio-visualworks: 25% producers(MAHASZ) 30% performers(EJI) 45% authors(ARTISJUS) Distribution schemeforaudioworks: mechanical reproduction,etc. private copyremunerationtootherlicensedusessuchasRTVbroadcasting, Distribution schemesaredeterminedthroughanalgorithmthatconnects management entitiesdistributetotheirrightholders. Musical andliteraryrightholdersarerepresentedbyArtisjus.Othercollective Annually. entities distributetotheirrightholders. musical andliteraryrightholdersitrepresents.Othercollectivemanagement Artisjus isresponsiblefortheannualdistributionofremunerationsto Regular spotchecksinshops,markets,shoppingmalls,etc. IMEI registrationnumberformobilephones Hologram stickersontheproducts International Survey on Private Copying Law & Practice 2015 93 4.7GB 4.7GB < 4.7GB < 9.4GB Per unit Per unit Per unit Per unit < 300MB < 700MB > 700MB Capacity e0.25 e0.05 e0.15 e0.21 e0.21 e0.21 e0.05 e0.25 e0.08 e0.20 e0.60 Rate valid from [January 1, 2013] Optical Storage Media At present we are not aware of any planned copyright reform. At present we are not aware of any planned do have a We refuse to pay. Some mobile phone importers/manufacturers one of the biggest importers, final decision of the Supreme Court against the payment of remuneration, which holds that mobile phones are liable for as unfair contractual terms. and the relevant rates charts cannot be qualified the Supreme Court, which Artisjus won the case against Nokia before the defendant. In accordance dismissed all the arguments put forward by a settlement under which the with the final verdict, the parties entered into The essence of the decision defendant had to make the necessary payments. of remuneration, and was that mobile phones are subject to the payment the integrated memories of that the applicable rates chart, which considered also defense of unfairness was mobile phones as MP3-players, was valid (the rejected). No practical difficulties. There is a social and/or cultural deduction. There is a social and/or cultural plan on the provision of the CA and the social The deduction is based has to be meeting. 7% covers cultural support that decided by the delegates’ (3%) support Cultural Fund. Artisjus provides social transferred to the National via its foundation. the fund Hungarian forints was allocated to In 2012, the sum of 184,176,688 for music composers and songwriters. from the amount collected rules of in accordance with the law and the internal Cultural funds are used decisions to support the purposes, applications and the National Cultural Fund authors have to account for of the executive body of the Fund. Supported is used within the framework the financial support granted. The social fund detailed rules governing the of a foundation set up by Artisjus, which has and also defines who can application for and granting of financial grants of social and cultural funds is apply for a social grant. All data on the use the Artisjus Pension Fund. public. 40 % of the Social Fund is used to support The remaining 60% is open for applications. Blank Media Legal developments Are there liable parties who deny responsibility or payment for certain media/ devices? Court cases Implementation problems Which body is responsible for the allocation Which body is responsible productions or of funds to artists, cultural social schemes? allocated to the social What was the amount 2013? and/or cultural fund in funds be used? How can social and cultural Are there any social and/or cultural Are there any social and/or deductions? DVD-R/+R/RW DATA CD-R/RW DATA CD-R/RW DATA Audio CD MiniDisc DVD-R/+R/RW DVD RAM CD-R, CD-RW Audio cassette cassette Video DVD double layer Applicable national rates Legal developments and court cases Social and cultural funds for collective purposes cultural funds for Social and 94 International Survey on Private Copying Law & Practice 2015 Memory card MP3-player External HDD USB stick,pendrive,externalSSD Other highcapacityopticaldiscs(e.g.Blu-raydisc) Hardware, PC,HDD Flash Media Devices Rate validfromJanuary Rate validfromJanuary e23.301 e29.70 e26.40 e19.80 e13.20 e3.301 e13.66 e8.201 e5.161 e1.162 1, 2015 1, 2015 e1.48 e0.89 e0.44 e0.36 e0.30 e0.24 e0.12 e9.90 e5.94 e4.95 e1.98 e1.32 e6.68 e3.64 e8.32 e6.97 e3.48 e1.74 e0.58 e0.29 e2.83 e2.66 e2.33 e1.66 e1.33 e1.00 e0.60 e0.25 -- -- 256MB –512MB 128MB –256MB 256MB –512MB 128MB –256MB 64MB –128MB 64MB –128MB 250GB –500GB 100GB –200GB 32MB –64MB 50GB –100GB 4.7GB –9.4GB 512MB –1GB 512MB –1GB 9.4GB –15GB 16GB –32GB 40GB –80GB 16GB –40GB 25GB –50GB 15GB –25GB 500GB –1TB 8GB –16GB 8GB –16GB 2GB –4GB 1GB –2GB 4GB –8GB 2GB –4GB 1GB –2GB 4GB –8GB 2GB –4GB 1GB –2GB 1TB –2TB Capacity < 250GB > 200GB < 64MB < 32MB < 4.7GB > 32GB > 80GB < 1GB > 2TB International Survey on Private Copying Law & Practice 2015 95 272.58 230.77 > 32GB < 80GB > 80GB 2014 (2) > 250GB 21,321.06 21,946.40 210,357.63 308.60 HUF 4GB – 8GB 1GB – 2GB 2GB – 4GB 4GB – 8GB 2567,741.11 2416,476.56 8GB – 16GB 8GB – 16GB 22,598,704.66 16GB – 32GB 16GB – 40GB 40GB – 80GB 512MB – 1GB 80GB – 160GB 160GB – 250GB 64MB – 128MB 128MB – 256MB 256MB – 512MB 2 - -- e2.37 e4.75 e9.50 e1.69 e2.53 e6.75 2013 (2) e10.65 e13.32 e18.65 e23.97 e1.013 e3.041 e5.071 e11.82 e13.51 e15.20 21,963.54 28,375.26 22,476.34 e10.101 e10.131 297.01HUF 214,520.75 2703,806.11 2491,811.81 22,184,860.38 Flash Media Blank Media Mobile Phones Consumer Electronics Optical storage media 2288.67 2012 (2) 23,181.61 211,143.95 246,837.42 222,992.97 289.23 HUF 2595,656.38 22,038,576.19 21,082,805.62 Media/Devices USB Stick, Pendrive, External SSD Other high capacity optical discs (e.g. Blu-ray) DVD+/-/R/RW, DVD RAM DVD+/-/R/RW, MiniDisc Audio CD Data-CD R/RW Video cassette Video Audio cassette 1 Euro = Storage capacity integrated into electronic devices for storing audio and/or audio-visual content* into electronic devices for storing audio Storage capacity integrated (and tablets from 2014) Revenue Additional Comments: televisions with integrated memory, with integrated memory, DVD recorders/burners integrated memory, with *e.g. video recorders with integrated memory. set-top boxes and satellite receivers 96 International Survey on Private Copying Law & Practice 2015 External HDD MP3-player Memory card audio and/oraudio-visualcontent* electronic devicesforstoring Storage capacityintegratedinto Mobile Phones** Tablets Total Hardware, PC,HDD Devices 212,570,229.42 22,127,554.41 26,850,598.20 24,087,374.26 21,632,256.96 2586,526.89 2335,034.06 2012 (2) 20.00 Consumer Electronics 210,729,939.82 219,468,925.19 21,047,329.35 21,776,040.57 24,498,755.71 28,303,367.29 2435,618.08 2013 (2) 20.00 210,118,040.11 213,079,048.24 227,950,011.84 21,259,851.86 22,070,892.61 23,190,644.87 21,115,462.28 23,637,461.21 2014 (2) International Survey on Private Copying Law & Practice 2015 97 S.I.A.E. – Società Italiana degli Autori ed Editori, Italian Copyright Law (L. 633/41 – art. 71-septies) the amount collected minus the SIAE must distribute According to Italian law, costs incurred. In 2012 SIAE kept a percentage of 7%. SIAE applies a rate of 3% for distribution to the authors. Organizations of rightholders apply their own percentages. SIAE distributes both directly to individual rightholders (authors) and through organizations of rightholders. Copyright Law (L. 633/41 art. 71-septies); Legislative Decree No. 68 of April 9, Decree No. 68 of April Copyright Law (L. 633/41 art. 71-septies); Legislative Minister of Culture and National 2003 (effective April 29, 2003); Decree of the Heritage of June 20, 2014 (effective July 7, 2014). The exception applies only when the source is legal: Italian Copyright Law are allows private copying of protected works if the sources of those works legal. Italian Copyright Law (art. 71-sexies) allows reproductions made by a natural person for private use, for non-profit making use and for purposes that are neither directly nor indirectly commercial. Remuneration is levied on media and devices that enable the recording of audio and video. Manufacturers and importers have to pay the private copy levy on their sales. The liability moment is when the goods are put on the market. Italy Euro degli Autori ed Editori S.I.A.E. – Società Italiana http//www.siae.it Daniela Amodeo Maria Assunta Blanchi daniela.amodeo@siae.it [email protected] Viale della Letteratura ,30 00144 Roma +39 06 59903577/2686 Italy Collecting society or CMO is appointed by: Administrative costs for collecting private copying remunerations Administrative costs for distribution of private copying remunerations Distribution process 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 Country Collecting society: Collection and distribution Legislation and fundamental facts Contact information 14. 98 International Survey on Private Copying Law & Practice 2015 Rate setting Distribution process Collection process Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? Distribution keys determined? How arethedistributionschemes Which rightholders? Frequency ofdistribution to rightholders Who distributesthecollectedremunerations Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? 0-32MB. Video gameconsoles(untilMarch2016);memorycardswithacapacityof For professionaluse,thereisbotharefundsystemandupfrontexemptions. unlicensed copies,thesourceofcopyandharmcausedbycopying. other criteriaaretakenintoaccount,e.g.thedifferencebetweenlicensedand and marketresearchonthesalesofsubjectedproducts.Furthermore, there wasapollregardingconsumerbehaviorinrelationtoprivatecopying Among theelementsconsideredinapprovalprocedureofdecree, in 2014. the CopyrightLaw).Thelastdecree,whichsetcurrentrates,wasissued of thePermanentConsultativeCommitteeforAuthors’Rights(article190 National Heritage(subjecttoathree-yearlyupdate)andissuedontheadvice 71(2) oftheItalianCopyrightLaw, setbydecreeoftheMinisterCultureand The remunerationforprivatecopyingisdeterminedinaccordancewitharticle producers ofvideogramsandperformingartists. 70% inthreeequalpartsfororiginalproducersofaudio-visualworks, 30% totheauthors Distribution schemeforvideo: 50% producersandperformers(halftobepaidperformers) 50% authors; Distribution schemeforaudio: Distribution schemesaresetanddeterminedbylaw(art.71-octies L.633/41). performers. Audio andvideoauthors,audioproducers, Every organizationofrightholdershasitsownterms. SIAE distributesthecollectedremunerationssemiannuallydirectlytoauthors. audio andvideoperformersdirectlythroughorganizationsofrightholders. the remunerationstoaudioandvideoauthors,producers According toItalianCopyrightLaw(art.71-octiesL.633/41),SIAEdistributes to finalusers(e.g.viae-commerce). levies andsellstheminItaly, oraforeigncompanythatsellsproductsdirectly The importeristhepersonwhobuysforeignproductsthataresubjectto who paidprivatecopyleviesinItalycanclaimarefund. Manufacturers orimportersthatselldirectlyabroadareexempted.Exporters Entrate) regardingimportdata.Bylaw, SIAEhastoconductinspections. SIAE madeanagreementwiththeInternalRevenueService(Agenziadelle Manufacturers andimportersmustreporttheirsalespayleviesquarterly. International Survey on Private Copying Law & Practice 2015 99 25 GB 1 hour 1 hour 1 hour 1 hour 1 hour 4.7 GB 4.7 GB 4.7 GB 700 MB 0-32 MB Capacity 0-256 MB 5 GB and more 4 GB and more >32 MB to <5 GB >256 MB to <4 GB 2014 20.23 20.10 20.22 20.22 20.10 20.22 20.20 20.20 20.20 20.20 20.00 20.00 20.09/GB 20.09/GB 20.10/GB 20.10/GB Flash Media Optical Storage Media Rate valid from July 7th, 50% of the video distribution share assigned to performing artists is allocated is allocated share assigned to performing artists 50% of the video distribution and activities as well as the promotion, training to study and research by law artists and performers. This is determined professional support of (art. 71-octies L. 633/41). of and performers is responsible for the allocation The association of artists funds. the and National Heritage set In 2014, a new decree of the Minister of Culture rates. the industry appealed against In September 2014, the biggest companies in the new decree before the Administrative Court. Court (Consiglio di In February 2015, the Second Instance Administrative the old decree (2010), Stato) issued the judgment for the appeals against but made two applications Italy, confirming the system of private copying in professional uses and the refund to the European Court of Justice relating to system. Blank Media Legal developments Which body is responsible for the allocation Which body is responsible productions or of funds to artists, cultural social schemes? Court cases Is there a social and/or cultural deduction? Is there a social and/or Audio cassette Data CD-R/RW Audio CD-R/RW MiniDisc cassette Video D-VHS DVD+R/RW DVD-R/RW DVD Ram/DL Blue-Ray/RW Memory card USB stick Applicable national rate Legal developments and court cases Legal developments Social and cultural funds for collective purposes cultural funds for Social and 100 International Survey on Private Copying Law & Practice 2015 TV set Memory orharddiscbuiltintoavideorecorder, decoder or Hi-Fi device for recordingandplaybackofaudio/videocontentonaTVsetor Multimedia externalharddiscwithAudio/Video IN&OUTports the playbackofaudio/videocontentonaTVsetorHi-Fidevice Multimedia externalharddiscwithAudio/Video OUTportsfor Hi-Fi devices Memory orharddiscinsertedintoMP3musicplayerother Walkman orothermultimediadevices Memory orharddiscinsertedintoamultimedia(audio/video) External HDD Hardware, PC,HDD Devices 20.01/GB Rate validfromJuly7,2014 214.81 willincreaseby 21.84 every200GB Canceled 232.20 228.98 222.54 216.10 212.88 214.81 212.88 210.42 212.88 232.20 228.98 222.54 216.10 212.88 29.66 26.44 27.73 26.44 24.51 29.66 27.73 26.44 25.15 23.22 22.21 20.64 29.66 26.44 25.15 24.51 23.86 23.22 1GB andmore > 400GBto<700GB > 250GBto<400GB > 128MBto512MB > 400GBandmore > 250GBto400GB > 160GBto250GB > 120GBto160GB > 250GBto400GB > 160GBto250GB > 120GBto160GB > 160GBto250GB > 120GBto160GB > 15GBto<20GB > 80GBto120GB > 80GBto120GB > 80GBto120GB 700GB andmore 400GB andmore > 512MBto1GB > 40GBto80GB > 10GBto15GB > 40GBto80GB > 20GBto40GB > 10GBto20GB 20GB andmore > 5GBto10GB > 5GBto10GB > 1GBto5GB > 1GBto5GB up to128MB up to40GB up to80GB Capacity to 1GB International Survey on Private Copying

Law & Practice 2015 101 per unit per unit per unit per unit up to 8 GB up to 256MB > 1GB to 5GB > 5GB to 10GB > 8GB to 16GB > 10GB to 20GB > 20GB to 40GB > 40GB to 80GB > 16GB to 32GB > 512MB to 1GB > 80GB to 120GB > 32GB and more > 120GB to 160GB > 160GB to 250GB > 250GB to 400GB > 400GB and more > 256MB to 384MB > 384MB to 512MB 20.64 20.97 21.29 21.61 21.93 22.25 22.58 23.22 24.83 26.44 28.05 25.20 25.20 20.50 23.00 24.00 24.80 25.20 24.00 211.27 214.49 216.10 5% of price Mobile Phones Memory or hard disc built into other devices not included in devices not included hard disc built into other Memory or recording and playback of audio or previous categories, for video content Computer with built-in burner Computer without built-in burner or hard disc Recording devices with no built-in memory and tablet Memory or hard disc built into smartphone Memory or hard disc built into devices primarily used for Memory or hard disc built into devices primarily communication (mobile phone) TV set with no internal HDD and with recording function TV set with no internal HDD and with recording maximum levy applicable for each unit is 25.00. *Memory card: *USB stick: maximum levy applicable for each unit is 29.00. *External HDD: maximum levy applicable for each unit is 220.00. 102 International Survey on Private Copying Law & Practice 2015 Revenue recording function. Other videorecording equipmentincludesmemory/hard disksbuiltintodecoders/TVsets,mediacenters,MP4 playersandTVsetswith Audio cassette CD-R Video cassette DVD-R Memory card Blu-ray USB stick External HDD Computer +tablet DVD writerandrecorder CD writerandrecorder MP3-player Other audiorecordingequipment Mobile phones+smartphones Other videorecordingequipment TOTAL Hardware, PC,HDD Blank media Devices Optical StorageMedia Media/Devices Mobile phones Flash Media 215,638,909 271,738,387 218.,48,990 23,039,825 24,454,814 22,806,217 26,010,678 27,766,264 29,259,014 23,540,019 2368,076 2592,170 2012 (2) 2012 (2) 298,628 265,245 234,535 215,003 212,834,119 214,716,563 214,751,707 267,086,699 22,331,500 23,327,293 22,229,195 25,925,234 27,517,916 22,511,780 2375,787 2409,416 2013 (2) 2013 (2) 273,616 249,728 224,612 28,233 215,682,040 2210,529.19 211,032,932 227,886,151 277,986,505 21,496,601 22,282,487 24,469,291 26,397,571 26,501,732 21,447,736 2457,777 2014 (2) 2014 (2) 251,348 234,212 219,121 216,978 International Survey on Private Copying

Law & Practice 2015 103 Japan Yen Home recording for Audio Remuneration of Administration for the Society (SARAH) 31, 2015 due to the termination of video SARVH disbanded by March loss of a court case (see Q8). compensation collection following the (SARAH) www.sarah.or.jp Norio Kobayashi (SARAH) [email protected] (SARAH) Bldg., 3-6-5, Kasumigaseki, Chiyoda-ku, Kazumigaski 3-chome 3F, 100-0013 Japan Tokyo, +81-3-6205-4701(SARAH) +81-3-6205-4702(SARAH) Japan Currency Name of organization site Web Contact Person E-mail Address Postcode City Phone Fax Country Contact information 15. 104 International Survey on Private Copying Law & Practice 2015 Legislation andfundamentalfacts Collecting society:Collectionanddistribution Liable forpayment system Remuneration Copyright law Distribution process copying remunerations Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: requested tocooperateinthecollectionofcompensationatpointsale. Users/purchasers areliableforthepaymentofcompensation,whilemanufacturersandimporters with manufacturers/importers. compensation chargedatthepointofsaleondigitalrecordingmediaanddevices,incooperation No leviesorstatefunding.Organizationsappointedbythegovernment(sarah/SARVH)collect reasonable amountofcompensationtothecopyrightownersconcerned.” incidental totheirprimaryfunction(suchastelephoneswithsoundrecordingfunction)shallpaya but forprofessionaluse(asinbroadcasting),anddeviceswithaudioorvideo recordingfeatures in thesameOrder(excludingdeviceswithspecialefficiencygenerallynot intendedforprivateuse recording mediaspecifiedintheCabinetOrderandusingdigitaldevices (2) Anypersonwhomakesaudioorvideorecordingsforprivatepurposes onthetypeofdigital copyright ifmadeinthiscountry); interactive transmissionmadeoutsidethiscountryandwhichwouldconstitute aninfringementof is madeuponreceptionofaninteractivetransmissionwhichinfringescopyright (includingan (iii) whereadigitalaudioorvideorecordingismadebypersonwho aware thatsuchrecording shall applyinArticle120bis(i)and(ii)); (“reversion” doesnotincludeanyreversiondeliberatelymadebythecopyright holder, etc.);thesame diffusions asconvertedinaccordancewithaspecificconversionrequiredmentionedthatitem by reversionofsuchworks,performances,phonograms,orsoundsimages ofbroadcastsorwire as isconditionalupontechnologyinvolvedintheconversionofrecordingortransmissionsystems) mentioned inArticle2(1)(xx)(“removal”or“alteration”doesnotincludesuch removaloralteration the outcomesofactsdeterredbysuchmeasures,eitherthroughremovaloralterationsignalsas the committalofactspreventedbytechnologicalprotectionmeasuresorpreventingobstruction obstruction oftheoutcomesactsdeterredbysuchmeasures(“circumvention”meansfacilitating through circumventionoftechnologicalprotectionmeasuresorthatsucheliminates (ii) wheresuchreproductionismadebyapersonwhoawarethatthecopying wascarriedout parts ofreproducingdevicesareautomatic)soldforpublicuse; reproducing machine“meansamachinehavingfunctionsandinwhichallor themain (i) wheresuchreproductionismadebymeansofautomaticreproducingmachines(“automatic “private use”),exceptinthecase: personal use,familyuseorothersimilaruseswithinalimitedcircle(hereinafter referredtoas matter ofcopyright(hereinafterinthisSubsectionreferredtoasa“work”)forthepurposehis “Article 30.(1)Itshallbepermissibleforausertoreproducebyhimselfwork formingthesubject member entitledtocompensation.SARVHusedfollowthesame process. in turn,re-distributethemoneyreceivedtoeachindividualorcorporate compensation tothreerightholderorganizationsandtheorganizations, Distribution isdonebythecollectingsocietiesthemselves.SARAH distributes and distributioncosts. 20%. SarahandSARVHareunabletosplitadmincostsintocollection costs for Culturalaffairs)andhasnogovernmentfunding. SARAH isappointedbythegovernment(bycommissionerof Agency compensation collection,followingthelossofacourtcase(seeQ8). SARVH disbandedbyMarch31,2015duetoterminationofvideo Home recording). Audio: SARAH(SocietyfortheAdministrationofRemunerationAudio International Survey on Private Copying

Law & Practice 2015 105 analog cassette tape recorders and tapes; studios; devices used for recording sessions at recording telephones and smartphones. personal computers, − − − Sarah distributes compensation to three rightholder organizations which, in turn, re-distribute the received funds to each individual/corporate member entitled to compensation. SARVH used to follow the same process. Every half-year. Audio: authors of musical works, writers, performers, producers of phonograms. producers of cinematographic works, broadcasters, writers, authors of Video: musical works, performers, producers of phonograms. By negotiation in the past. Not reviewed on a regular basis. Every half-year. of manufacturers. Sometimes Basically SARAH/SARVH rely on the good faith valid reasons if there is a they communicate with manufacturers to request remarkable change in the reporting. are not liable for the payment Exports are legally exempted. Manufacturers persons) are not Japanese. of levies since the users (i.e. primarily liable they do not report exported products. There are no upfront Consequently, payments or refunds. Normally an entity There is no definition provided in the Copyright Law. (corporation) which imports recording media or devices subject to levy is considered to be an “importer”. Although the law does not exempt private imports, it is practically difficult to collect levies from individuals. Rates are determined based on past negotiations at the initial stage between based on past negotiations at the initial stage Rates are determined cycle manufacturers. Basically there is no regular organizations representing prices the criteria for determining the market for reviewing rates. Sometimes changed during the review process. of recording media are are factored into market prices. No consideration Market circumstances are not or copying behavior because the rates is given to damages, harm basis. reviewed on a regular (devices recording sessions at recording studios “Professional use” means or No exemption for the government are different from CE products). handicapped persons. The following are exempt from levies: − − − of levies are determined by of devices that are subject to payment Types such as personal computers or General-purpose devices, Cabinet Order. smartphones, are exempted. to the payment of levies are also of recording media that are subject Types labeled as “for audio” or “for video” Only media determined by Cabinet Order. are mentioned in the Cabinet Order. 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 levies/remuneration? or buyers exempt Are there any consumers from paying the levies? Are there any products exempt from levies? How are levies/remuneration determined? How are levies/remuneration Distribution process Collection process Rate setting 106 International Survey on Private Copying Law & Practice 2015 Social andculturalfundsforcollectivepurposes Distribution keys How cansocialandculturalfundsbeused? and/or culturalfundin2014? What istheamountallocatedtosocial social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsiblefortheallocation Is thereasocialand/orculturaldeduction? 32% 32% 1. for theRightsofAuthors,ComposersandPublishers. 36% copyrightholdersofmusicalworksandliteraryworks,JapaneseSociety Distribution schemeforaudio: 4. 3. 2. 1. above (commoninterestsfund): SARAH/SARVH conductsthefollowingactivitieswithfunddescribed 2014: 5,703,639Japaneseyen(240,592),or20%ofcollection. rightholders, anditwouldserveasindirectdistribution. 20% tosuchactivitiesisbeneficialforallrightholders,includingunidentifiable and disseminationofworks.Thissystemisbasedontheideathatallocating of copyrightandneighboringrightsaswelltothepromotioncreation compensation isallocatedtosuchactivitiesascontributingtheprotection It hasbeendecidedthatanamountcorrespondingto20%ofthe on copyrightlaw. 20% of the compensation received. This rate is set by the Cabinet Order based b. a. Writers GuildofJapan(1.5%) recordings. Study ontechnicalprotectionmeasuresrelatedtodigitalaudio/video and International cooperationoncopyrightsystemsandprotection; Promotion anddisseminationofworks; copyright law; Education aboutthecopyrightsystemorawareness-raising Japanese Writers’ Guild Japanese Writers’ Association Japan. Producers ofPhonograms,RecordingIndustryAssociation Arts Organizations. Performers, JapanCouncilofPerformers’RightsandPerforming International Survey on Private Copying

Law & Practice 2015 107 Capacity Capacity Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Rate Rate Audio As regards audio, the devices/media specified in the Cabinet Order do not devices/media specified in the Cabinet Order As regards audio, the being used for private recording. Consequently, include the products actually is declining dramatically. the compensation revenue in an effort recording media is challenging SARAH One manufacturer of audio rate. There has been no court case. to obtain a lower levy Video: the transition from analog to digital broadcasting Japan decided to complete liability denied cooperation manufacturer Toshiba on July 2011. The Japanese that devices used for digital broadcasting, insisting in 2009 for its recording specified by the Cabinet such devices were not covered by the provisions manufacture the same kind of devices Other manufacturers which Order. example. followed Toshiba’s recording (SARVH) negotiated The designated association for visual private SARVH sued Consequently, but could not reach an agreement. with Toshiba The transition from analog demanding cooperation or compensation. Toshiba, lawsuit has not yet been settled. to digital was completed in July 2011, but the devices and media After the transition, all manufacturers of recording SARVH has received no denied cooperation or payment. As a consequence, 2011, and the distribution to compensation from manufacturers since July rightholders has stopped. It was recognized as a matter There is no pending case. SARVH lost the case. no consensus to date on reform of the there has been of legislation; however, compensation system. 3% of wholesale price 3% of wholesale price 3% of wholesale price 3% of wholesale price 2% of wholesale price 2% of wholesale price 2% of wholesale price 2% of wholesale price Blank Media Audio Devices MD CR-R/RW DAT Digital Compact Cassette Are there liable parties who deny Are there liable parties for certain media/ responsibility or payment devices? Court cases Legal developments MD recorder CD recorder Digital Compact Cassette recorder recorder DAT Comments Audio products actually being used for reflect the but they do not specified by Cabinet Order, The devices/media subject to compensation are is declining dramatically. compensation revenue Consequently, private recording. Video has practically ended with the disbanding of SARVH following the loss of a lawsuit. The compensation system for private recordings Applicable national tariffs Legal developments and court cases and court Legal developments 108 International Survey on Private Copying Law & Practice 2015 Revenue manufacturer (see‘Otherdevelopments’). The compensationsystemforprivaterecordings lostalawsuitagainst isnotfunctioning,havingpracticallycollapsedafterSARVH Video: private recording. Consequently, thecompensationrevenue isdecliningdramatically. The devices/mediasubjecttocompensationare specifiedbyCabinetOrder, buttheydo not reflect the products actuallybeingusedfor Audio: 1 Euro= MD CR-R/RW DAT Digital compactcassette Total “Video media” Blu-ray Disc DVD-RAM/R/RW Digital VHS Digital Video cassette Total “Audiomedia” MD Audio CD-R/RW DAT DCC Total “Audio” Total “Video devices” Blu-ray discrecorder DVD recorder D-VHS recorder Digital videocassetterecorder Total “Audiodevices” Total Revenue Total “Video” Hardware, PC,HDD Blank Media Devices Media/devices 21,023,390.73 21,429,952.69 21,527,872.22 21,628,097.49 23,271,539.97 24,158,138.61 24,038,314.10 21,743,667.74 28,859,631.27 25,588,091.30 2501,963.86 2623,798.44 2806,033.17 2115,600.53 2119,824.51 102.52 Yen 22,517.64 2012 (2) 2012 (2) 2-30.27 Audio Audio 238.34 282.74 Video Video 2 – 2 – 2 – 2 – 21,076,645.05 21,493,997.69 21,493,997.69 2275,555.89 2799,724.55 2369,823.27 2417,352.64 247,529.37 129.58 Yen 21,364.61 2013 (2) 2 – 2 – 2 – 2145,265.77 2152,728.09 2100,882.73 2253,610.82 2253,610.82 245,042.81 255,839.92 140.56 Yen 27,462.32 2014 (2) 2 – 2 – 2 – 2 – International Survey on Private Copying

Law & Practice 2015 109 Copyright Law, Cabinet Regulation No.321. Copyright Law, Remuneration levied on media and equipment; importers and manufacturers are liable for payment. Importers/manufacturers. AKKA/LAA, appointed by rightholders, by approval of the Ministry of Culture. The collecting society is responsible for distribution to rightholders through organizations of rightholders. Deducted from copying remunerations, after prior approval by rights holder organizations. Deducted from the distributable amount. AKKA/LAA collects for all rightholders (copyright and neighboring rights) and distributes to copyright owners based on the distribution rules approved by the AKKA/LAA authors’ council. Latvia Euro AKKA/LAA www.akka-laa.lv Anita Sosnovska Ivars Maculis [email protected] [email protected] 97 A.Caka Street 1011 LV- Riga +371 67506131 +371 67315620 Latvia 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 remunerations 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 16. 110 International Survey on Private Copying Law & Practice 2015 Rate setting Social andculturalfundsforcollectivepurposes Distribution process Collection process Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? How cansocialandculturalfunds beused? and/or culturalfundin2013? What wastheamountallocatedtosocial social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsiblefortheallocation Is thereasocialand/orculturaldeduction? Distribution keys determined? How arethedistributionschemes Which aretherightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremunerations Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? analog devicesandmediaarenotlevied. Hard discs,memorycardsandmobilephoneswithmp3functionalityall Professional usersareentitledtoarefund. No criteriaareused. of Culture. negotiations betweenallinterestedpartiesundertheguidanceofMinistry Levies aredeterminedbyCopyrightLaw, CabinetRegulationNo.321,through For educationalandculturalpurposes only. Not deducted. The Authors’Councilisresponsibleforthisallocation. 10% deductionsfortheCulturalandEducationalFundarepossible. For musicauthors,accordingtothereciprocalrepresentationagreements, Film producers–6.67% Phonogram producers–24% Performers –30.67% Authors –38.66% owners andimporters. by theMinistryofCultureafterconsultationwithworkinggrouprights phonogram producersandfilm–aredeterminedapproved Distribution schemesfordifferentrightholders–authors,performers, Authors, performers,phonogramproducersandfilmproducers. Annually. producers andfilmproducers). in turn,distributetotheirrepresentedrightholders(performers,phonogram (authors) andalsodistributesthefeestoneighboringrightssocietieswhich, AKKA/LAA distributesthecollectedremunerationyearlytoitsrightholders All companiesthatimportleviedgoodsintoLatvianterritory. Exports areexemptedandexportersreceivearefund. storehouses. SometimesAKKA/LAAcooperateswithpoliceauthorities. AKKA/LAA carriesoutregularinspectionsofbusinessplacesand Payment isduemonthly. International Survey on Private Copying

Law & Practice 2015 111 0 0 0 2014 (2 ) 231,903.03 211,624.42 210,386.64 2383,952.00 2437,866.09 Capacity Capacity 0 0 0 2013 (2 ) 27,119.74 29,000.49 228,418.35 2222,942.00 2267,480.58 Rate Devices 2.85% ** Flash Media Flash Media Hardware, PC, HDD 6%* 6%* 4%* Consumer Electronics Optical Storage Media Optical Storage Media Each year consultations in a working group about including new devices into in a working group about including new Each year consultations the levy scheme. importers. Strong opposition from 0 210.54 2299.91 2209.62 2 359.99 2012 (2 ) 21,580.81 22,445.16 270,235.80 213,160.14 230,958.84 231,231.00 257,496.76 2124,592.63 Rate valid from November 1, 2013 Rate valid from November Devices Hardware, PC, HDD Blank Media Blank Media All types of PCs Digital jukebox, MP3-players DVD hard disc recorder CD writer internal/external DVD writer internal/external tape recorder Video Total USB flash drive CD-R/RW DVD-R/RW MiniDiscs Video cassettes Video CD DVD USB flash drive Audio cassettes All types of PCs Implementation problems Legal developments Revenue *Percentage from sale prices. from *Percentage National rates Legal developments and court cases and court Legal developments 112 International Survey on Private Copying Law & Practice 2015 Contact information 17. 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 Lithuania +370 52639466 +370 52778899 Vilnius LT-09130 S. Žukauskostr. 39 [email protected] [email protected] Senior SpecialistofMusicLicenseDepartmentLinasEžerinis Managing Director AgnėMasalskyt www.agata.lt Lithuanian NeighboringRightsAssociation(AGATA) Litas; Euros asofJanuary1,2015 Lithuania territory isliableforpayment. The firstsellerofimportedormanufacturedmediaanddevices on Lithuanian by theLawonCopyrightandRelatedRights(hereinafter–Law). Remuneration forprivatecopyingandleviedblankmediadevices isset communicated tothepublicinanymode. and fornon-commercialpurposes,acopyofworklawfullypublishedor any othercopyrightowner, reproduce,exclusivelyforhisindividualuse Scope: Anaturalpersoncan,withouttheauthorizationofauthoror http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=471807 payment andrefundsystemforprivatecopyingremuneration. Resolution No.699of13/06/2012,whichregulatesthecollection,distribution, Article 20oftheLithuanianLawonCopyrightandRelatedRights.Government International Survey on Private Copying

Law & Practice 2015 113 Levies are determined by law. consumers, the harm caused by The criteria used are the copying behavior of copying and the source of the copy. If the levied media or devices are used for professional purposes, the remuneration may be refunded. Those entitled to that privilege are exporters, professional users and the disabled. Media for professional uses are not included: Internal and external non-integrated solid state discs (SSD) and hard disc drives; drives (HDD), which are bigger than 2.5-inch SATA drives and with SCSI, iSCSI, Hard disc drives (HDD), bigger than 2.5-inch SATA interfaces, usually used for servers, data arrays and FATA SAS, FC, SATA, similar professional engineering purposes; and PC Solid state disc (SSD) and hard disc drives (HDD), which are built into the at the time of sale. The Lithuanian Neighboring Rights Association (AGATA) is appointed by the is appointed Rights Association (AGATA) The Lithuanian Neighboring accordance with the Law. Minister of Culture in of remunerations were 232,754.87 (113,096 litas). Costs incurred for collection the distribution costs of private copying remuneration This sum also includes owners management associations, which represent to other collective rights rights. Furthermore, the organs of each collective of copyright and related their which make further distribution to rights management association, costs set aside a percentage for administrative represented rightholders, annually. applies to the collection The same sum of 232,754.87 (113,096 litas) collective rights of remuneration and the main distribution between organs of each collective right management associations. Furthermore, the distribution to their represented management association, which make further costs annually. rightholders, set aside a percentage for administrative of remuneration to collective rights is responsible for the distribution AGATA owners of copyright and related management associations, which represent rights. rights management Remuneration is distributed through the collective associations. paying is prepared by AGATA, The main distribution of collected remuneration related rights. out remuneration to authors and holders of and associations (LATGA-A Remuneration is determined by two authors’ (for performers and phonogram (for music authors)) and AGATA NATA to their represented producers). These associations, in turn, distribute by works is carried out rightholders. Distribution to producers of audio-visual AVAKA. 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? How are levies/remuneration determined? Administrative costs for collecting private Administrative costs for copying remuneration distribution of Administrative costs for private copying remuneration Distribution process Collecting society or CMO is appointed by: Collecting society or CMO Rate setting Collecting society: Collection and distribution society: Collection Collecting 114 International Survey on Private Copying Law & Practice 2015 Collection process Distribution process Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? Distribution keys determined? How arethedistributionschemes Which rightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremunerations manufactured leviedmediaordevices. arises whenthefirstsellerexecutessaleofimportedor In Lithuania,liabilityforthepaymentofremunerationprivatecopying countries. The importeristhepersonwhoimportsfromEUandthird-party(non-EU) Exports areexemptedandexporterscanclaimarefundforpaidlevies. import, productionandsalesdocumentsoftheliablepartyatworkplace. devices soldintheRepublicofLithuaniaforfirsttime,andinspect association hasarighttoverifytheaccuracyofreportsonleviedmediaand Furthermore, accordingtotheResolutionofGovernment,competent claim islodged(thishasnotyetbeenputintopractice). which alsofilesaclaim.Thefinalstepiscourtprocedureinthecivil claim. TheliablepartyisthenreportedtoalawfirmrepresentingAGATA, of theirdutiesandlegalliabilities.Ifthisisnoteffective,AGATA filesaformal competent associationcontactsthembytelephoneoremailtoinform the ResolutionofGovernment.Ifliablepartyisnotcompliant, the competentassociation(AGATA) andpaythislevyinaccordancewith If theyareliableforthepaymentofremuneration,makecontactwith Monitoring ofthemarket,anddirectcontactwithcompaniesorindividuals. Payment period:Onceaquarteroroncemonth. Legal liabilitymoment:WhenthefirstsaletakesplaceonLithuanianterritory. devices arecalculated onthebasisofanindependent survey). (The audioandvideosharesofremuneration collectedforleviedmediaand 1/3 –Producersofaudio-visualworks 1/3 –Performers 1/3 –Authors Levies forblankvideomediaand devices: 1/3 –Phonogramproducers 1/3 –Performers 1/3 –Authors Levies forblankaudiomediaanddevices: distribution andpaymenttotherepresentedrightholders. the relevantsharestocollectiverightsmanagementorganizations forfurther On thebasisofthisdata,AGATA distributestheremuneration, transferring 2. 1. According totheResolution: Resolution oftheGovernment. remuneration betweenthegroupsofrightholders,aredeterminedin rules, andhowthecompetentassociationhastodistributecollected The distributionsharesofrightholdersareindicatedintheLaw. Basic Distribution isyearlyandincludesremunerationscollecteduptoMarch1. phonograms. who areauthors,performersandtheproducersofaudio-visualworks related rights.Theseassociations,inturn,distributetotheirrightholders, management associations,whichrepresentownersofcopyrightand AGATA isresponsibleforthedistributionofremunerationtocollectiverights remaining amount. After thesedeductions,administrativecostsaredeductedfromthe remuneration; to relatedrightsprotection,havebedeductedfromthecollected The sumsforprogramsrelatingtocreativeactivitiesandcopyright, International Survey on Private Copying

Law & Practice 2015 115 Capacity < 1GB for 1-2GB for 2.1-4GB for 4.1-8GB for 8.1-16GB for 16.1-32GB for > 32GB Per unit Per unit Per unit Per unit Per unit Per unit 20.14 20.29 20.58 20.87 21.44 22.02 22.89 Rate valid from March 1, 2012 Flash Media Optical Storage Media 6% of first sales price 6% of first sales price 6% of first sales price 6% of first sales price 6% of first sales price 6% of first sales price 25% from collected remuneration is assigned to programs relating to creative is assigned to programs relating 25% from collected remuneration are and related rights protection (these programs activities and copyright of Culture). administered by the Ministry The sum for programs of creative In 2014, some 2949,544.10 were allocated. and for related rights protection was transferred activities and copyright the This is because for the first time this year. to the Ministry of Culture came into force on the March 1, 2012. Consequently, amendments to the Law after tender, is currently preparing the conditions of the the Ministry of Culture can submit their projects. which interested parties in force since March 1, 2012. The new amendments to the Law have been there are no court cases in this area yet. Consequently, Blank Media USB and non-integrated memory cards Blu-ray All types of CD All types of DVD MiniDisc Video cassette Video Legal developments What is the amount allocated to the social What is the amount allocated 2013? and/or cultural fund in Is there a social and/or cultural deduction? Is there a social and/or Audio cassette Applicable national rates Legal developments and court cases Social and cultural funds for collective purposes cultural funds for Social and 116 International Survey on Private Copying Law & Practice 2015 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: PC External andinternalnon-integratedSSD,HDD players, MP4-players,HDmediaplayersandotherplayers; Blu-ray players,hometheatre,musicalcenters,carradio,radioset,MP3- video recordingcapability:audiocassettes,VCRs,CDs,DVDs,HD-DVDdrive, Digital andanalogaudiovideoplayerwithamemorydevice TV withamemorydeviceandaudiovideorecordingcapability; Set-top boxwithamemorydeviceandaudiovideorecordingcapability Mobile phoneswithamemorydeviceandaudiovideorecording Hardware, PC,HDD Devices Consumer electronics Mobile Phones Rate validfrom March 1,2012 211.58 210.14 211.58 210.14 25.79 24.34 22.89 22.31 21.44 21.01 20.43 24.34 28.69 27.24 25.79 28.69 27.24 25.79 24.34 21.44 21.01 20.43 for 750.1GB-1TB for 750.1GB-1TB for 250.1-500GB for 500.1-750GB for 250.1-500GB for 500.1-750GB for 250.1-500GB for 32.1-250GB for 32.1-250GB 500.1GB-1TB for 8.1-32GB for 8.1-32GB for 2.1-8GB for 2.1-8GB for 1-2GB for 1-2GB Capacity < 250GB Per unit < 1GB < 1GB > 1TB > 1TB > 1TB International Survey on Private Copying

Law & Practice 2015 117 2014 21.37 219.14 2405.12 21,222.03 219,971.96 215,404.54 235,074.10 220,959.22 2210,493.92 2201,493.92 2122,729.05 2953,211.42 21,227,517.67 22.808.503,46 2013 260.44 210.34 2346.29 22,555.46 223,922.65 220,016.52 221,311.54 227,253.12 2225,551.21 2203,102.67 2133,718.25 2786,494.03 21,197,863.17 22.642.205,69 2012 230.90 2146.77 2279.06 23,401.60 225,788.60 229,604.38 210,804.03 287,839.95 238,931.74 2176,249.12 2163,989.19 2883,309.64 2552,531.13 21.972.906,11 Devices Flash Media Hardware, PC, HDD Consumer Electronics Optical Storage Media Blank Media Audio cassette cassette Video CD DVD Blu-ray MiniDisc USB SSD Non-integrated Memory Cards HDD PC TV with a memory device and audio and video recording TV with a memory device and audio and video and video recording Set-top box with a memory device and audio capability Mobile Phones TOTAL Digital and analog audio and video player with a memory device and Digital and analog audio and video player with cassettes, VCRs, CDs, audio and video recording capability: audio theatre, musical centers, DVDs, HD-DVD drive, Blu-ray players, home HD media players and car radio, radio set, MP3-players, MP4-players, other players Revenue Note: The amounts (net of debts) shown in the table are inclusive of collection and/or distribution costs. In Lithuania the collected inclusive of collection and/or distribution costs. Note: The amounts (net of debts) shown in the table are 1, 2012, after the deduction of 25% for the March distributed, after the deduction of administrative costs (and from is remuneration rights protection). activities and copyright and to related to creative relating programs or (b) collection/distribution costs. to the Ministry of Culture; Note. These numbers do not include: (a) the 25% transferred 118 International Survey on Private Copying Law & Practice 2015 Contact information 18. 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. made thereproduction. exclusively forpersonalexercise,studyorusebythenaturalpersonwho without anydirectorindirectcommercialmotivationandisintended scientific orartisticwork,providedthatthereproductioniscarriedout shall notberegardedasaninfringementofthecopyrightinaliterary, Art. 16coftheCopyrightAct:Reproductionworkoranypartthereof Royal decreeofOctober28,2014. Copyright Act,lastamendedin2015. International Survey on Private Copying

Law & Practice 2015 119 Stichting de Thuiskopie distributes on a quarterly basis to organizations of rightholders. Thuiskopie does not distribute to individual rightholders. The distribution scheme is set by rightholders within the board of Stichting de 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 on the law, the obligation to pay arises directly upon import or when Based on the law, 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 audited by Thuiskopie. Yes The first commercial seller on the Dutch market is considered to be the Foreign sellers can be considered importers if they deliver directly importer. to consumers in a cross-border situation (see the 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 7.5%. 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 remunerations by Thuiskopie to organizations of rightholders. remunerations are distributed in which rightholders and The law appoints a negotiating body (SONT) the level of the rates. An the 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 the rates by royal decree. Other is commissioned yearly. A market survey of consumer copying behavior in the other EU member states, criteria are: the private copying contribution acceptability to the public and the relation to the sales price of the product, for industry. the desire 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. Who distributes the collected remunerations to rightholders? Frequency of distribution Which rightholders? How are the distribution schemes determined? 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 2015 Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution keys devices? responsibility orpaymentforcertainmedia/ Are thereliablepartieswhodeny Legal developments Is thereasocialand/orculturaldeduction? 40.75% producers–Sekamvideo(33.75%)andbroadcastingorganizations(7%). 25.50% performingartists–Norma(video) 34.96%, Vevam 30.22%,Pictoright4.3%) 33.75% authors–Stemra(distributionStemra-part:30.52%,Lira Distribution schemeforvideo: 30% producers–STAP 30% performingartists–NORMA 40% authors–Stemra(distributionStemra-part:92.5%,Lira7.5%). Distribution schemeforaudio: the supervisoryboardinstitutedbylaw. The distributionschemesaresetbyrightholdersandhavetobeapproved of theremunerations. judgment, theseproceedingsintensified, andsomecompaniespaidonly50% claiming thattheleviesaretoohighforvariousreasons.After ACI importers andmanufacturersofthesedevicesstartedlegalproceedings, After theintroductionofleviesonhardware,mobilephonesetc., some devices. use exemption(bothupfrontandrefund)wasextendedtoallmedia and by 30%.Ontheupside,alevyone-readerswasintroduced.Theprofessional issued bytheStateSecretaryforJusticethatloweredprivatecopying levies rightholders hasalwaysbeenillegal.OnJanuary1,2015anewdecree was private copyingexception.Thereproductionofworkswithoutthe consentof copying fromillegalsourcesbyaconsumerwasalsowithinthescope of the consumers. Inthepast,Dutchgovernmenthadalwaystaken the viewthat to compensatethecreatorsofprotectedworksforprivatecopiesmadeby copyright-protected workforone’s ownuse.Theaimoftheremunerationis Copying Regulation.IntheNetherlandsitispermittedtomakeacopyof that downloadingfromanillegalsourceisnotwithinscopeofthePrivate In April2014theEuropeanCourtofJusticeincaseACI-Thuiskopieruled settlement withThuiskopiefordamagesandpaid2 for theharmsustained.Foryears2007-2012,stateconcludeda guarantee thattherightholdersactuallyreceivepaymentoffaircompensation Member Statethatimplementsaprivatecopyingexceptioninitsnationallawto Court ofAppealheld,followingtheECJinitsOpusdecision,thatitisupto copying leviesintheNetherlandswererestrictedtoblankCD-RandDVD-R.The consumers currentlyuseforcopying.Intheyearsprecedingthisruling,private the leviesschemehadtobeexpandedincludemediaanddevicesthat case ofDutchperformingrightsorganizationNORMAagainstthestate, As aresultoftherulingDutchCourtAppealonMarch27,2012in cannot exceed15%. The percentageisdeterminedbyrightholders,butitstatedinthelaw that it and/or culturalpurposes. remunerations toindividualrightsownerscanmakeadeductionforsocial However, therightholders’organizationsthatdistributeprivatecopying (social and/orcultural)purposes. There iscurrentlynodeductionbyStichtingdeThuiskopieforcollective 33.5 millionin2015. International Survey on Private Copying

Law & Practice 2015 121 Unit Unit Unit Unit Unit Unit Unit Unit Unit Capacity Capacity 20.02 20.02 23.50 23.50 20.70 21.40 23.50 20.70 23.50 Mobile Phones Consumer Electronics Optical Storage Media Rate valid from January 2015 Rate valid from January 2015 decision, several companies in the Netherlands companies in the Padawan decision, several After the CJEU system of mutualization (as existed until January argued that the Dutch their with Directive 2001/29/EC and suspended 1, 2013) was inconsistent against Imation . Thuiskopie started legal proceedings payments to Thuiskopie of blank CDs and DVDs. Europe, a large importer that held of The Hague, in an interlocutory judgment, In 2013, the District Court was in conflict with Padawan, because it involved the system of mutualization for of levies to blank CDs and DVDs intended the indiscriminate application had to the Court judged that Imation only professional use. Consequently, indirectly for the blank media that are directly or pay private copying levies and not for blank media delivered to professional delivered to consumers, users. that Imation was not In 2015 the Court of Appeal of the Hague held for blank media delivered to entitled to a refund for levies that it had paid the levies in the sales professional users, because Imation had included according to the Court of Appeal, it would be against EU price. Consequently, Only the as explained by the CJEU in Copydan, to refund the importer. law, a refund. professional end-user would be able to get Devices Blank Media Hardware, PC, HDD Audio/Video (mp3) player Audio/Video Smartphone/phone mp3 function PC/Laptop Tablet External hard disc drive Set-top box/Hard disc recorder E-reader Court cases DVD-R/RW CD-R/RW Applicable national rates 122 International Survey on Private Copying Law & Practice 2015 *Including the233.5msettlementfor2007-2012. Revenue Smartphone/phone mp3function Audio/Video (mp3) player Total E-reader Set-top box/harddiscrecorder CD-R/RW TOTAL Analog video Analog audio DVD-R/RW External harddiscdrive Tablet PC/laptop Blank Media Blank Media Consumer Electronics Hardware, PC,HDD Mobile Phones Devices 213,483,000 230,831,000 25,375,000 23,434,000 21,819,000 21,110,000 28,039,000 24,451,000 22,445,000 271,0000 2012 (2) 2473,000 2829,000 251,000 2013 (2) 20 269,295,000* 216,803,000 22,640,000 28,194,000 25,890,000 2644,000 2785,000 2859,000 2014 (2) 20 International Survey on Private Copying

Law & Practice 2015 123 The rate is set unilaterally in the national budget each year. We also provide a We The rate is set unilaterally in the national budget each year. yearly statistical analysis of private copying. Criteria used are: the copying behavior of consumers, the source of the copy, etc. Section 12 of the Norwegian Copyright Act establishes, in line with article 5(2) establishes, in line with article Section 12 of the Norwegian Copyright Act to compensate rightholders for the (b) of the Copyright Directive, an obligation This compensation scheme private copying of publicly disseminated works. was first introduced in Norway in 2005. State-funded. The remuneration is funded by the Norwegian government as an item on the national budget. Norwaco is owned by our 35 member organizations, which represent different are also approved and appointed by the We groups of rightholders in Norway. Norwegian Government to represent rightholders in Norway and to distribute the compensation. A deduction is made to cover the administrative costs of distribution. The government defines the criteria for distribution, for example as a three- way split, with 1/3 for authors, 1/3 for performers and 1/3 for producers. Further distribution is determined through negotiations between our members. Norway NOK – Norske kroner NORWACO www.norwaco.no Simen Halsan Øien [email protected] Møllergata 8 0179 Oslo (+47) 23 31 68 00 Norway How are levies/remuneration determined? Which criteria are used for determining the levies/remuneration? Collecting society or CMO is appointed by: Remuneration system Liable for payment Administrative costs for distribution of private copying remunerations Distribution process Copyright law Currency Name of organization site Web Contact Person 1 E-mail 1 Address Postcode City Phone Country Rate setting Collecting society: Collection and distribution Legislation and fundamental facts Contact information 19. 124 International Survey on Private Copying Law & Practice 2015 Distribution process Collection process Revenue Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Distribution keys determined? How arethedistributionschemes Which rightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremuneration market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? Implementation problems Legal developments Is thereasocialand/orculturaldeduction? Total (inkrone) Total (ineuros) annual survey. Subject tointernalnegotiation,basedonbackgroundinformationfroman Further distributionisdeterminedthroughnegotiationsbetweenourmembers. way split,with1/3forauthors,performersandproducers. The governmentdefinesthecriteriafordistribution,exampleasathree- guidelines oftheNorwegiangovernment. Every rightholders’groupreceivescompensation,inaccordancewiththe Annually. rightholders. Theyarealsoresponsiblefornon-members. rightholders’ groups.Thereare35intotal,representingapproximately60,000 same. InNorwaytherearedifferentorganizationsthatrepresent We payouttheremunerationonceayear, andmemberorganizationsdothe final distributiondecisionsaremade. Annual surveysofprivatecopyingbehaviorestablishpatternsbasedonwhich Annually, throughthestatebudget. by theappropriateauthorities. is low, consideringthefullscaleofprivatecopying.Thisshouldbeaddressed The issueof“faircompensation”isnotdefinedanywhere.compensation increase incompensationforprivatecopying. advocated that(duetoasignificantincreaseincopying)thereshouldbean the economicsituationofNorwegianartists,atwhichwehavestrongly documented increaseinprivatecopying.Therehasbeenahearingon The compensationwasreducedfor2015.Thisisincontrasttothe No 25,675,556.42 42,423,000 2012 25,438,514.38 43,823,000 2013 25,074,136.85 45,357,000 2014 International Survey on Private Copying

Law & Practice 2015 125 Law No. 1.328/98 on copyrights and neighboring rights, art. 34 to 37; definition rights, art. 34 to 37; definition Law No. 1.328/98 on copyrights and neighboring art. 34. of private copy according to law, Levy system: According to the provisions of the regulatory decree. Importers and manufacturers are liable for payment. entities; the regulatory decree by agreement of the three AIE-Paraguay, Appointed by states that the society of performers is the collecting agency. rightholders. Generally it is no more Cost is unlimited. It is variable and changes monthly. than 30%. Phonogram producers’ entity: 0%. Artists’ entity: discount to term archive and social assistance: 20%. Authors entity: 10% for social assistance and 30% for administrative costs. The collecting society transfers 10% (after expenses) to the state for the promotion of intellectual property rights. The balance is shared into three equal parts for authors, producers and performers. Paraguay Guaraní del Paraguay Fonográficos de Gestión de Productores Sociedad SGP, www.sgp.com.py Maria Elena Ojeda Fabian Arguello [email protected] [email protected] España 2221 Av. 1438 Asuncion +595 21 – 233787 +595 21 – 233788 Paraguay Collecting society or CMO is appointed by: Remuneration system Liable for payment Administrative costs for collecting private copying remunerations Administrative costs for distribution private copying remunerations 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 20. 126 International Survey on Private Copying Law & Practice 2015 Rate setting Social andculturalfundsforcollectivepurposes Distribution process Collection process Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? How cansocialandculturalfunds beused? and/or culturalfundin2013? What istheamountdedicatedto thesocial social schemes? of fundstoartists,culturalproductionsor Which bodyisresponsiblefortheallocation Is thereasocialand/orculturaldeduction? determined? How arethedistributionschemes Which rightholders? to rightholders? Who distributesthecollectedremuneration Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? works, providedthatsuchequipmentisusedexclusivelyfortheseactivities. on behalfofanythem,forlegitimateproductionorreproductionthose compulsory studiesofsyncsoundorsoundsandimages)companiesworking phonograms andpublishers,orbytheirrespectivelicensees(basedon to: equipmentandmaterialstobeusedbyproducersofaudio-visualworks, Article 35o–Exemptionsfrompaymentoftheabovecompensationapply Professional usersareexempted. The largerthesizeofcopy, thehigherrate. We believethattheauthoritiestakeintoaccountharmcausedbycopying. rates havebeendeterminedinRegulatoryDecreeNo.6780ofJune2011 Law No.1328/98providesthatthestateshallregulateright.Therefore medical tests,prescriptionglasses, prostheticaidsandhospitalization. For thepaymentofmedicalconsultations andassistancetowardsthecostsof 10% ofthecollection. The BoardofArtists. to LawNo.1.328/98. or culturaldeduction.Producersarenot.Themaximumrateis10% according The SocietyofAuthorsandtheArtistsaresubjecttoa socialand/ being, 100%isgenerallyallocatedtoaudio. Each ofthethreeentitiesdeterminesdistributionscheme.For thetime according toairplay. decides howtodistribute.Thesocietiesofartistsandproducersdistribute performances andphonographicproductionsarecompensated.Eachsociety According tothedecreeonlyproducersofmusicalworks, and producersofphonograms). Producers. Theythendistributethefundstotheirmembers(authors,artists The SocietyofArtistsdistributesmonthlytotheSocietiesAuthorsand of country. The importeristhepersonorcompanythatbringsmerchandiseinto No It isnotnecessary. Paymentmustbemadepriortorelease. or companythatbringsthemerchandiseintocountry. and domesticmanufacturerstopaycompensation.Theimporteristheperson the devicesandplayerswithoutpayment.Thedecreeonlyobligesimporters The mechanismisestablishedinthedecree.Noonecountrycanimport International Survey on Private Copying

Law & Practice 2015 127 There were claims of unconstitutionality against the Regulatory Decree. unconstitutionality against the Regulatory Decree. There were claims of claims prospered. the Unfortunately, initiated action, on the grounds of unconstitutionality, The 30 major importers as of Justice in July 2011. The Court has decided before the Supreme Court until a the decree does not apply to these companies an interim measure that for a final judgment two years ago. We were hoping final verdict is reached. absolutely unfair for rightholders. The current situation is Are there liable parties who deny Are there liable parties for certain media/ responsibility or payment devices? Court cases Legal developments Legal developments and court cases and court Legal developments 128 International Survey on Private Copying Law & Practice 2015 Contact information 21. Legislation andfundamentalfacts Phone City Postcode Address E-mail 2 E-mail 1 Contact Person2 Contact Person1 Web site Name oforganization Currency Country payment Liable for system Remuneration Copyright law Poland Producers andimportersofrecording mediaandequipmentareliableforpayment. 3. 2. 1. Article 20.1.Producersandimportersof: Article 20ofthePolishLawonCopyrightregulatesremuneration system: Remuneration iscollectedthroughleviesonmediaandequipment. 2. 1. Article 23. Law onCopyrightregulatesthescopeofpersonaluse: works, andontheirsaleslevies,whichareimposedproducersimporters. Article23ofthePolish amend theregulationonspecificationofcategoriesdevicesandmediausedforrecording further amendments).RegulationsoftheMinisterCultureJune2,2003andDecember15,2008,which Copyright LawandonNeighboringRightsofFebruary4,1994(Journal LawNo.24,item83with amount ofsuchdevicesandcarriers. producers ofphonogramsandvideograms, andpublishers,feesofnomorethan3%thesales organizations specifiedinparagraph 5,whichactforthebenefitofartists,artisticperformers, devices listedinsubparagraphs 1 and2–shallbeobligedtopaythecollective management blank mediausedforrecording, personaluse,ofworksorobjects relatedrights,withthe a publishedwork; photocopiers, scannersandothersimilarreprographicdevicesused tomakecopiesofallorapart tape recorders,videorecordersandothersimilardevices; personal relationships,andinparticularanyconsanguinity, affinityor social relationship. The scopeofpersonaluseshallincludesinglecopiesworks by acircleofpeoplehaving author, workthathasalreadybeen disseminated.[…] It shallbepermittedtousefreeofchargeandforprivatepurposes,withoutthepermission +48 (22)827606169 Warsaw 00-092 Stowarzyszenie AutorówZAIKSul.Hipoteczna2 [email protected] [email protected] Biuro ZAIKS,SAWP, ZPAV ds.czystychnośników ZAIKS GrzegorzBurakiewicz www.zaiks.org.pl ZPAV ofblankmedia) Biuro ZAIKS,SAWP, ZPAV ds.czystychnośników(headofficeofZAIKS,SAWP, Polish zloty Poland International Survey on Private Copying

Law & Practice 2015 129 Producers and importers of devices and blank media shall be obliged to pay Producers and importers of devices and blank levies within two weeks of the end of each quarter wherein the sales took place. Three collecting societies appointed by the Minister of Culture for the collection of levies recruit an external expert to check the accuracy of the settlements made by the enterprises paying levies. If the liable parties are not compliant, the collecting societies are obliged to take legal action to claim levies. Export refund procedures are not implemented in Polish legal regulations. The definition of an importer is specified in the Civil Code. Under the art. 449 (5), paragraph 2 CC, an importer is any entity that introduces a product of foreign origin into the domestic market within the scope of its business within the European Community Import covers deliveries of goods activity. as well as deliveries from non-EU countries. Stowarzyszenie Autorów ZAIKS – creators Stowarzyszenie Autorów Utworów Muzycznych i Słowno- Wykonawców Stowarzyszenie Artystów – performing artists Muzycznych SAWP phonograms and – producers ZPAV Związek Producentów Audio-Video videograms by the copying remunerations are directly incurred Costs for collecting private collect levies. appointed to ZPAV) CMOs (ZAIKS, SAWP, 6.18% of for collecting private copying levies were The administrative costs collected. in 2013, and in 2014 were 8.88% of the amount the amount collected determines by regulation the list The Minister of Culture and National Heritage paid for them. of devices and media and also the rate of levy defines, by regulation, the The Minister of Culture and National Heritage the fees, based on the capacity of categories of devices and media as well as and their intended use other than the devices and media to reproduce works, for the reproduction of works. the collection of levies on sales The basic criterion in the Polish system for is their intended use – whether of devices/media by producers and importers they are used for the purposes of private copying. destined for the private use of Levies can be collected on devices and media the purchaser only. tablets, with MP3 functionality, Laptops, PCs, smartphones, mobile phones MP4-players and devices with MP4 functionality. 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 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 Collection process Rate setting Collecting society: Collection and distribution society: Collection Collecting 130 International Survey on Private Copying Law & Practice 2015 Distribution process Social andculturalfundsforcollectivepurposes Distribution keys determined? How arethedistributionschemes Which rightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremuneration Is thereasocialand/orculturaldeduction? place. between theproductsleviedandcategoryinwhichdistributiontakes results. Thesurvey, commissionedbytheorganizations,indicatesrelation organizations thatrepresentrightsownersaftertakingintoaccountsurvey sector) divideleviesonthebasisofagreementsconcludedbyall (ZAIKS, SAWP, ZPAV intheaudiosectorandSFP, ZASP, ZPAV inthevideo Collective managementorganizationsresponsiblefordistributionoflevies Other distributionschemes: ZASP andZPAV. In thissectortheorganizationsresponsiblefordistributionofleviesare:SFP, Video producers: 40%. Performers: 25% Authors: 35% Distribution schemeforvideo: ZAIKS, SAWP andZPAV. In thissectortheorganizationsresponsiblefordistributionofleviesare: Phonogram Producers:25%. Performers: 25% Authors: 50% Distribution schemeforaudio: percentage sharesoftheaudioandvideosectors. the distributionofleviesforvariouscategoriesrightsowners,and Article 20(2)oftheCopyrightLawandonNeighboringRightsdetermines of CultureandNationalHeritage. Neighboring RightsofFebruary4,1994,andbytheRegulationMinister The distributionschemesaredeterminedbytheCopyrightLawandon producers ofphonogramsandvideograms. There arethreecategoriesofrightholders:creators,performingartistsand creators). all organizationsrepresentingrightsownersoftherelevantcategories(e.g. The frequencyofdistributionisdeterminedbytheagreementsconcluded sector. are ZAIKS,SAWP, ZPAV intheaudiosectorandSFP, ZASP, ZPAV inthevideo The collectivemanagementorganizationsresponsiblefordistributionoflevies they aremadeinaccordancewiththestatutesofrelevantsociety. distribution totheirmembers.Thedeductionsarenotdetermined bystatelaw; for socialorculturalpurposesareappliedbysocietiesresponsible for representing variouscategoriesofrightholders)possibledeductions between twosectorsandthesecondbeingdistributionmadeby societies In thePolishtwo-tierdistributionsystem(thefirstbeingstatutory distribution International Survey on Private Copying

Law & Practice 2015 131 Capacity Per unit 1.72% 2.89% 3.00% 3.00% 3.00% 0.47% 0.76% 0.76% 0.70% 0.17% 1.04% 0.19% 0.74% 0.69% 0.96% 0.98% 0.54% 0.05% 0.94% 1.71% 1.00% 1.00% 1.54% 2.28% 2.03% 3.00% of the equipment or carrier The percentage (%) of the fee deducted from the sales price In 2014, the collective management organizations submitted to the Minister of of Minister management organizations submitted to the In 2014, the collective the list of proposed amendments to, inter alia, Culture and National Heritage by the amendments have not yet been considered media and devices. These representing manufacturers in response, the organizations However, Minister. which action against these proposed amendments, and importers initiated campaign against private copying levies. has turned into an active for the organizations collecting private copying Another crucial problem the ambiguous position of the tax authorities regarding levies in Poland is the system. within the value added tax (VAT) inclusion of such organizations collected. have an effect on the total amount The foregoing circumstances Device or carrier Implementation problems CD-R 12 cm CD-RW 12 cm cassette DAT MD record (MiniDisc) Audio cassette semiconducting massive Memory card (including pen drive and other storage devices) Stacking Hi-Fi with tape recorder and CD player Stacking Hi-Fi with tape recorder and DVD player with a recording Stacking Hi-Fi with tape recorder and CD player function Stacking Hi-Fi with DVD/CD player with FLASH recording function Stacking Hi-Fi with tape recorder and DVD player with a recording function Stacking Hi-Fi with hard disc/FLASH Radio-cassette recorder with CD player Radio-cassette recorder with CD player with a recording function Radio-cassette recorder Radio with MD player with a recording function Radio with CD player with a recording function Radio with CD player with a recording function FLASH CD player with a MD player with a recording function MD player with a recording function Computer hard disc STANDARD Other computer hard discs included in the remaining devices which can be used to record works or subjects under the neighboring rights, including audio or audio-visual Computer CD recorder Computer DVD recorder recorder Tape MP3 single function Applicable national rates Legal developments and court cases and court Legal developments 132 International Survey on Private Copying Law & Practice 2015 Revenue Total revenue Total “Video” Total “Audio” DVD-R 12cm TV setcomprisingDVDrecorderandharddisc TV setcomprisingDVDrecorder TV setcomprisingharddisc TV setcomprisingvideorecorder with harddisc Disc memorywhichregistersAV stream(includingdigitalTVdecoder High definitionplayerwithrecordingfunctionandharddisc High definitionplayerwithrecordingfunction disc DVD andVHSprofessionalplayerwithrecordingfunctionhard DVD andVHSplayerwithrecordingfunction DVD playerwithrecordingfunctionandharddisc DVD playerwithrecordingfunctionintoothermediaviaUSB DVD playerwithrecordingfunction Video playerwith recordingfunction Video recorder HD DVDorBlu-raycomputerrecorder VHS/D cassette VHS cassette HD DVD-RW12cm HD DVD-R12cm Blu-ray RE12cm. Blu-ray R12cm DVD RAM12cm DVD-RW 12cm on othercarriers Car stereosetcomprisingaCDplayerwiththecapabilitytorecord Car stereosetcomprisingaCDplayerwithrecordingfunctions Multifunctional multimediaplayerofMP3format 1 Euro= Device orcarrier 4.1842 zlotys 21,642,848 21,355,024 2287,824 2012 (2) deducted fromthesalesprice The percentage(%)ofthefee of theequipmentorcarrier 4.1965 zlotys 22,118,237 21,987,412 2130,825 2.53% 0.87% 0.35% 0.51% 0.51% 0.87% 1.85% 1.21% 1.86% 2.23% 2.23% 0.27% 1.46% 2.35% 2.14% 1.89% 3.00% 3.00% 2.44% 2.10% 2.10% 2.10% 3.00% 2.95% 0.30% 1.08% 1.14% 2013 (2) Per unit 4.1852 zlotys 21,531,470 21,376,128 2155,342 2014 (2) Capacity International Survey on Private Copying

Law & Practice 2015 133 The new Portuguese Law on Private Copy (No. 49/2015) was published on 49/2015) was published on The new Portuguese Law on Private Copy (No. 5, 2015. It amends the current June 5, 2015 and entered into force on the July devices subject to private copying private copying law by extending the list of for private copy is levies. The collection and management of remunerations works both for audio-visual and reprographic made by AGECOP, which benefit music and Concerning levies on equipment and blank media, manufacturers of such items are audio-visual rightholders, all importers and obliged to collect the levy when the first sale of the product takes place. As for remunerations that benefit reprographic rightholders, the collection is made by all public and private entities that sell photocopies and have signed contracts with AGECOP. Importers, manufacturers, traders and others are liable for payment. AGECOP: The incorporation of AGECOP was mandatory and occurred in 1998. Our members are all the collecting societies that exist in Portugal and represent authors, artists and performers, publishers and music and video producers. Portugal euro para a Gestão da Cópia Privada AGECOP – Associação www.agecop.pt [email protected] Estados Unidos da América, 94, 7.º B Av. 1700-178 Lisboa +351 21 848 66 05 +351 21 848 66 07 Portugal Collecting society or CMO is appointed by: Remuneration system Liable for payment Copyright law Currency Name of organization site Web E-mail 1 Address Postcode City Phone Fax Country Collecting society: Collection and distribution Legislation and fundamental facts Contact information 22. 134 International Survey on Private Copying Law & Practice 2015 Collection process Rate setting Distribution process from payingthelevies? Are thereanyconsumersorbuyersexempt How arelevies/remunerationdetermined? Distribution keys determined? How arethedistributionschemes remuneration torightholders? Who distributesthecollected Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? 50% forcollectingsocietiesrepresentingpublishers. 50% forcollectingsocietiesrepresentingauthors;and Remunerations fromphotocopies: 30% forcollectingsocietiesrepresentingmusicandvideoproducers. 30% forcollectingsocietiesrepresentingartistsandperformers; and 40% forcollectingsocietiesrepresentingauthors; media: AGECOP distributesasfollows:remunerationsfromequipmentand blank rightholders. are eligibletomembershipofAGECOP, sotheydistributeremunerationto Distribution schemesaredefinedinthelaw. Onlycollectingcompanies by law. distribute remunerationtorightholders.Distributionschemesaredetermined Only collectingcompaniesareeligibleformembershipofAGECOP, sothey public interest.Professionaluserscanobtainarefund. Culture; orbyculturalnon-profit-makingentitiesforuseinrelevantprojects of impairment, pursuanttoajointorderoftheMinistersFinanceand connected toprovidingassistancepersonswithvisualorhearing for theirownproductions;bybodiesthatusethempurposesexclusively visual communicationbodiesorbyproducersofphonogramsvideograms Levies arenotpaidwhentheequipmentormediaprocuredbyaudio- The legislatordeterminesthelevies. refund. same documentsthataresubmittedtoVAT serviceswhenapplyingforaVAT To getarefundforexports,importersandmanufacturersmustpresentthe with theregulationsgoverningprivatecopying. administrative andpoliceauthoritiesarecompetenttosupervisecompliance contracts topaytheremunerationaddedsalespriceofphotocopies.All contracts. Itcanalsodosameforpublicandprivateentitiesthathavesigned AGECOP canaudittheaccountsofallimporterswithwhomithassigned report thenumberofcopiesworksmadeeachyear. Culture. Furthermore,publicandprivateentitiesthatsellphotocopieshave to and totheInspectorateofCulturalActivities,anentityunderMinistry exemptions forprofessionaluses.AllthedatahastobereportedAGECOP Importers andmanufacturersalsohavetoreportdataonexports price). collected foranalogequipmentandcorrespondsto3%ofthenetselling remuneration iscalculatedbasedonsuchdata(remunerationonly media sold;theyalsohavetoreportthesalespriceofequipmentas the privatecopyremunerationareobligedtoreportquantityofblank Importers andmanufacturersofequipmentblankmediasubjectto

International Survey on Private Copying

Law & Practice 2015 135 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 GB limit 215.- per GB limit 215.- per GB limit 215.- per GB limit 215.- Per GB limit 27.50 Per GB limit 27.50 per GB limit 215.- per GB limit 215.- per GB limit 215.- 2015 Rate e0.10 e0.05 e0.05 e0.10 e0.05 e0.10 e0.10 e0.10 e1.00 e0.20 e0.20 e0.20 e1.00 e2.00 e3.00 e3.00 e0.10 e0.10 e0.20 e0.20 e0.12 e0.12 e0.016 e0.016 e0.016 e0.016 e0.004 e0.004 Rate as of July VIDEO LEVIES AUDIO LEVIES Support and Storage Devices There is a social and/or cultural deduction. The law establishes an obligation obligation cultural deduction. The law establishes an There is a social and/or amount collected for collective purposes. to deduct 20% of the total are invested in cultural activities, such as workshops, The amounts retained and the in activities to promote public awareness scholarships, etc., and matters. investigation of copyright-related Digital Devices without Memory or Hard Drive Blank Media Analog Devices How can social and cultural funds be used? How can social and cultural Is there a social and/or cultural deduction? Is there a social and/or Audio cassette MiniDisc Data-CD-R Data-CD-RW CD 8 cm Video cassette Video DVD-R DVD-RW DVD RAM Audio recorders Blu-ray disc recorders Video CD-recorder DVD-recorder CD and DVD recorder Blu-ray recorder Analog audio media such as cassettes and tapes Analog video media such as cassettes/tapes USB flash drives Memory cards Memory/HD integrated in devices with copy functions External hard drive with audio/video in/out Memory/HD in television sets and devices with interface broadcasting signal and TV including set-top box, decoders etc. Memory devices and HD integrated in computers External or internal hard drive used on a computer or other device for audio/video reproduction Memory/HD built into devices that reproduce, playback and store phonograms or any musical work in compressed format (MP3) Memory/HD built into mobile phones Memory/HD built into multimedia tablet devices Applicable national rates Applicable national Social and cultural funds for collective purposes cultural funds for Social and 136 International Survey on Private Copying Law & Practice 2015 Revenue TOTAL Blank Media 21,179,084 2012 (2) 2880,490 2013 (2) 2680,209 2014 (2) International Survey on Private Copying

Law & Practice 2015 137 Private copying is subject to a compensatory remuneration established by Private copying is subject to a compensatory Decision No.107/2005 contains the list of Law No. 8/1996 (14.03.1996). ORDA’s devices and media. Law No.329/2006 contains new percentages for devices Decision No.61/2009 contains new devices and media. and media. ORDA’s Decisions The relevant article is Article 130(1)(h) of Law No. 8/1996; ORDA’s are entirely relevant. The private copying levy is compensatory remuneration established by Law No.8/1996. The levy is paid by business entities that manufacture or import into Romanian territory: Storage media used for analog or digital sound and audio-visual recordings; Devices for making analogical or digital copies. Importers and manufacturers (including intra-community purchases). Romania (2014) 2 1.00 = 4.4446 LEI in Romania Producers The Union of Phonogram www.upfr.ro Adina Scriosteanu Simona Isac [email protected] [email protected] 88b Nicolae Titulescu Blvd. Sector 1. Postal Code 011145 Bucharest 021.222.20.45/3 021.222.20.43 Romania 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 23. 138 International Survey on Private Copying Law & Practice 2015 Collecting society:Collectionanddistribution Collection process Rate setting Distribution process private copyingremunerations Administrative costsfordistributionof copying remunerations Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? this right. collected fromprivatecopyingtotheothersocietiesentitledbenefit The UnionofPhonogramProducersinRomaniadistributestheamounts collecting privatecopyingremunerations). distribution toUPFRmembers(thisincludestheadministrativecostsfor The administrativecostsofdistributionare15%UPFR’s sharefor distribution costsforothercollectingsocieties–authors,performers,etc.). Administrative costsforcollectionare2%ofthetotalamount(thisincludes other societiesentitledtobenefitfromthisright. UPFR annuallydistributestheamountscollectedfromprivatecopyingto society forprivatecopyingaudio-visualworks.Ithasalegalmonopoly. appointed bytheCopyRightOfficeinRomania(ORDA)assolecollecting The UnionofPhonogramProducersinRomania(UPFR).In2005,UPFRwas community productsareconsideredtobeimports). into Romanianterritory, regardlessoftheoriginmerchandise (intra- Importers areconsideredtobecompaniesthatintroducetheirmerchandise declaration arenotedanddeductedfromthenextmonth’s payments. monthly exportfigures;iftheyaredeclaredinagivenmonth,anychanges Yes, exportsareexempted.Generally, manufacturersdonotdeclareintheir documents ofcompanies. Part ofUPFR’s roleistoverifyreportsregularlybyinspectingtheaccounting Payment isduemonthly. updated everythreeyears. compensatory remunerationisestablishedbydecisionofORDAandcanbe There arenospecificproductsexcluded.Thelistofdevicesandmediafor Professional useisnottakenintoaccount. for storagepurposes,theremunerationis3%oftaxvalue. recording purposes,theremunerationis0.5%oftaxvalue;ifdevice is There isonlyonecriterion:thepurposeofdevice.Ifdevicefor list ofmediaanddevices. representatives andanarbitrationcourtnominatedbyORDAestablishedthe The rateissetbylaw;thecollectingsocietiesnegotiatedwithusers’ International Survey on Private Copying

Law & Practice 2015 139 Capacity Capacity Per unit Per unit Per unit Per unit Capacity Per unit Per unit 7% of the entire computer value Per unit Per unit 7% of the entire computer value Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit 3% 3% 3% 3% 3% 3% 3% 3% Levy Levy Levy 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% The Union of Phonogram Producers in Romania distributes. The Union of Phonogram Monthly. producers. Authors, performers and are determined by law. The distribution schemes Analog copy: 40% – Authors 30% – Performers 30% – Producers Digital copy: 33.33% – Authors 33.33% – Performers 33.33% – Producers There is no social and/or cultural deduction. Nothing planned for 2015. Video Levies Video Audio Levies Video cassette Video DVD + R/RW Blue ray HD-DVD Device levies MP3-player CD writer (internal) Built-in CD writer CD recorder (external) DVD writer (internal) Built-in DVD writer DVD recorder (external) Computer hard disc Memory card USB stick Audio recorder MiniDisc recorder recorder Video Audio cassette MiniDisc Audio CD-R/RW Data – CD-R/RW Legal developments Is there a social and/or cultural deduction? Frequency of distribution Which rightholders? schemes determined? How are the distribution Distribution keys Who distributes the collected remuneration to rightholders? Who distributes the collected Tariffs own country Tariffs Legal developments and court cases Social and cultural funds for collective purposes Social and cultural funds for collective Distribution process Distribution 140 International Survey on Private Copying Law & Practice 2015 Additional information:Allratesare percentages ofCIFvalue(importor baseprice). Revenue * includespenaltiesandcourtcosts. Total “Audio” Data CD-R/RW CD blank MiniDisc Audio cassette Mobile phonewithinternalmemory(>64MB) SVCD, DVD,ACC,WMA,WMV, ASF, MP3,MP4,WAV, IMODoranylaterversion. media playerwithAVI. MPEG-1,MPEG-2,MPEG-4.XVID,DIVX,XVID/VCD, TV anddigitalrecorderswithHDDorbuilt-instoragemedium.MP4player. iPod Built-in harddisc External HDDwithaudio-videoin/outsocket HD-DVD recorder(external) Blu-ray recorder(external) MP3 recorder Total “Video” Blu-ray disc DVD+R/RW Cassettes Total “Devices” Built-in harddisc External harddisc Built-in DVDwriter Built-in CDwriter TV anddigitalrecorders MP3 recorder Mobile phones DVD writer/recorder CD writer/recorder Video recorder Audio recorder HD DVDrecorder USB stick Memory card Total Revenue Device Revenue Video Revenue Audio Revenue 21,767,842.94 21,478,802.25 22,001,661.60 2194,281.07 2192,633.13 246,600.34 224,393.13 224,763.12 259,450.88 214,429.49 215,093.46 289,544.81 239,537.59 239,126.60 21,616.94 21,146.96 28,192.71 21,863.93 23,120.89 2012 (2) 2012 (2) 2012 (2) 2126.00 2314.99 2012 (2) 2253.99 2144.99 231.00 212.00 22,419,723.25 22,012,992.44 22,533,338.10 2127,225.20 257,887.32 257,325.02 267,789.34 237,078.36 223,127.86 288,140.84 220,795.22 223,619.37 227,346.99 225,800.72 24,864.57 22,506.53 28,479.25 22,789.05 2013 (2)* 2013 (2) 2013 (2) 2475.09 2315.21 2013 (2) 2792.63 2751.08 287.21 20.00 22.56 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% Per unit Per unit 10% oftheentirecomputervalue Per unit Per unit Per unit Per unit 23,177,522.67 22,381,622.03 23,370,395.20 2162,892.72 2105,237.49 2117,842.68 2289,499.04 261,190.19 257,761.71 229,660.26 220,366.85 252,537.42 246,513.27 245,955.69 22,660.34 23,617.05 23,298.14 27,005.82 22,637.29 2014 (2)* 2014 (2) 2014 (2) 2768.14 2340.58 2965.30 2014 (2) 2416.63 2141.90 2-0.95 International Survey on Private Copying

Law & Practice 2015 141 The Russian Union of Rightholders (RUR). The RUR is the sole organization within Russian territory that is responsible for the collection and distribution of private copying remunerations to all rights owners. Appointed by the Ministry of Culture, pursuant to the Civil Code, the RUR is a monopoly organization. Administrative costs for collection and distribution of private copying can be up to 15%. The Deductions remunerations are determined by law. current rate is 15%. The RUR distributes remuneration directly to rightholders. Article 1245 of the Civil Code of the Russian Federation. Article 1245 of the Civil Code of the Russian recordings and audio-visual Authors, performers and manufacturers of sound works are entitled to receive a fee for free reproduction/playback of the sound recordings and audio-visual works exclusively for personal purposes. Such a fee is compensatory in nature and payable to rightholders from the funds collected from manufacturers and importers of devices and storage media used for reproduction/playback. The levy system was established by the Russian government. Importers and local manufacturers are liable for payment. Russia Ruble Russian Union of Right-holders www.rp-union.ru Erik Valdes-Martines Krichevskiy Andrey [email protected] [email protected] Blvd. 73/1. Novoslobodskaya 127055 Moscow +7 495 988 50 89 Russia Administrative costs for collecting private copying remunerations Distribution process 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 Country Collecting society: Collection and distribution Legislation and fundamental facts Contact information 24. 142 International Survey on Private Copying Law & Practice 2015 Rate setting Distribution process Collection process Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? Distribution keys determined? How arethedistributionschemes Which rightholders? Frequency ofdistribution to rightholders? Who distributesthecollectedremuneration Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? professional usedonotfallwithinthescopeofprivatecopyingsystem importing andproducingprofessionalequipment.Productsmadefor There arenospecificgroupsthatdonothavetopayexceptforthecompanies private use.Thenumberofsuchmanufacturersislimitedbylaw. of exportedproductsandprofessionalequipmentthatarenotintendedfor in Russia(seeart.1245oftheCivilCode)exemptsfromleviesmanufacturers equipment isnotlevied.Thisdoesaffecttherate.Thecurrentlegislation Professional usedoesnotcountasprivatecopyinginRussia. purposes. behavior ofconsumers;(2) reproduction/playback;and(3)copyingforprivate The criteriafordeterminingthelevies/remunerationare:(1) copying Levies/remuneration aredeterminedbytheRussiangovernment. 3. 2. 1. Distribution schemeforvideo: 3. 2. 1. Distribution schemeforaudio: digital sales,etc. is allocatedfromtherelevantcollectingsocietiesonphysicalmedia sales, According totheCivilCode,distributionisbasedonstatisticaldata. Data 3. 2. 1. year (thefrequencyofpaymentisdeterminedbytheorgansRUR). According totheRURstatute,remunerationisdistributednolessthanoncea It isthelegalobligationofRUR. and Kazakhstan. imported goodstothecustomsunion,whichcomprisesRussia,Belorussia According tothelaw, theimporterispersonresponsiblefordeclaring Federation. that theequipmenthasnotbeenusedwithinterritoryofRussian Exporters havetherighttoclaimarefundforpaidleviesiftheyconfirm legal action. The RURsuestheliablepartieswhoarenotcompliantand/ortakesother quarter unlesstheagreementstatesotherwise. importation intotheterritoryofRussianFederation.Paymentisdueoncea The termsofpaymentbyliablepartiesdependonthefrequency 30% tomanufacturersofaudio-visual works. 30% toperformersofaudio-visual works;and 40% toauthorsofaudio-visualworks; 30% tomanufacturersofmusicalworks. 30% toperformersofmusicalworks;and 40% toauthorsofmusicalworks; Manufacturers ofsoundrecordingsoraudio-visualworks Performers (singersandactors); Authors ofmusicalandaudio-visualworks; International Survey on Private Copying

Law & Practice 2015 143 2014 (2) 50.92 RUB 252,543,705.21 2013 (2) 42.27 RUB 280,478,161.90 2012 (2) 39.62 RUB 227,276,782.10 None. to an understanding with the For the time being we have managed to come biggest users. but they are not significant. have some We The RUR is obliged to deduct an amount for social and cultural purposes that deduct an amount for social and cultural purposes The RUR is obliged to of the total collection. should not exceed 20% should cultural purposes is established by law and Deduction for social and Council (art. 1243 (4) of the Civil Code). The be approved by the rightholders by which must subsequently be implemented of the RUR takes the decision, to the organization. All deductions are transferred the management of the action. relevant funds for further 2013 – 680,793,132.00 RUB 2014 – 533,080,530.00 RUB and cultural purposes, such as Social and cultural funds are used for social to young rightholders and work musical festivals, cinema production, support with Russian heritage, etc. Media/Devices Equipment having a sound-recording or video-recording function and using magnetic, optical or semi- function and using or video-recording Equipment having a sound-recording units, memory units on discs, magnetic tapes and other media; conductor media (central memory function and cassette players) having a sound-recording equipment (including sound-reproducing equipment or video-reproducing using magnetic, optical or semi-conductor media; and video-recording etc.). combined or not combined with video-tuner on magnetic tape, DVD-players, Magnetic tapes and magnetic discs. Optical media. Semi-conductor media. Are there liable parties who deny responsibility or payment for certain media/ devices? Court cases Legal developments Which body is responsible for the allocation Which body is responsible productions or of funds to artists, cultural social schemes? dedicated to the What was the amount fund in 2013? social and/or cultural How can social and cultural funds be used? Is there a social and/or cultural deduction? Is there a social and/or Total collections Total RUR does not split the allocated compensation between types of equipment. Only the final figures of the total collection can be RUR does not split the allocated compensation between types of equipment. Only the final provided. 1 Euro = Revenue 1. 2. 3. 4. The list contains equipment and storage media with the following features: The list contains equipment and storage The list of equipment and storage media is determined by the government.The list of equipment and storage media The fee is 1% of the production price per unit of equipment and storage media. price per unit of equipment and storage media. The fee is 1% of the production Applicable national rates Legal developments and court cases Social and cultural funds for collective purposes cultural funds for Social and 144 International Survey on Private Copying Law & Practice 2015 Contact information 25. 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 Slovak Republic +421 255569409 +421 255569363 Bratislava 821 08 Rastislavova 3 [email protected] [email protected] Mgr. Tomáš Mikš Mgr. Marek Očkay www.soza.sk SOZA –SlovakPerformingandMechanicalRightsSociety Euro Slovak Republic devices forsaleontheSlovakmarket forthefirsttime. state; importersfromathirdcountry orotherpersonwhoplacesmedia Slovak Republicforallpurposes – i.e.producers;recipientsfromamember Persons whoplaceblankcarriers, devicesorequipmentonthemarketin Remuneration leviedonmediaandequipment(devices). 4. 3. 2. 1. Coll.: The privatecopysystemisdefinedinarticle24ofCopyrightActNo.628/2003 Act No.618/2003Coll.onCopyrightandRelatedRights above shallbeentitledtocompensatoryremuneration. The authorofanyworkwhichmaybecopiedpursuanttoParagraph 2 above shallbeentitledtocompensatoryremuneration. The authorofanyworkwhichmaybecopiedpursuanttoParagraph 1 shall notgiverisetoanobligationpayremunerationtheauthor. distributed throughsaleorotherformoftransferthetitle.Such usage equipment, withouttheauthor’s consent;suchacopymay bepublicly technical deviceformakingprintedreproductionsorother work bytransferringtheonpaperorothersimilarmediausing a A naturalpersonoralegalentitymaymakecopyofpublished remuneration totheauthor. consent; suchusageoftheworkshallnotgiverisetoanobligationpay and fordirectorindirectnon-commercialpurposeswithouttheauthor’s A naturalpersonmaymakeacopyofpublishedworkforpersonaluse International Survey on Private Copying

Law & Practice 2015 145 Payment is due quarterly. data with several state organs, Market control is carried out by exchanging especially the customs office. Exports are exempted. importers from a third country Producers; recipients from a member state; the on sale for the first time on or other persons who place media or devices Slovak market are considered importers. SOZA – appointed by rightholders. SOZA, OZIS, LITA, SLOVGRAM – collective SLOVGRAM – rightholders. SOZA, OZIS, LITA, SOZA – appointed by general representing different rightholders (by management organizations between the societies). representation agreement for collecting and distributing private copying Joint administrative costs 10% of the collected amount. remunerations represent for collecting and distributing private copying Joint administrative costs 10% of the collected amount. remunerations represent to the is responsible for distribution of remuneration The collecting society for collective societies, which are in turn responsible above-mentioned four distribution to rightholders. Act. The criteria used are Levies are set directly by the Slovak Copyright undisclosed by the legislator. intended for the personal use The remuneration is not paid for levied objects of the importer or recipient. intended for the personal use The remuneration is not used for levied objects of the importer or recipient. Each of the four above-mentioned collective societies distributes to the rightholders associated with each organization (society) on a yearly basis. Annually. dramatic, audio-visual, choreographic, photographic works and visual (literary, LITA arts) SOZA (musical works – writers, composers and publishers) OZIS (performers) SLOVGRAM (performers and producers of phonograms) Distribution schemes are agreed on between respective collective management societies (ergo the rightholders). dramatic, audio-visual, choreographic and photographic works (literary, 26.52% – LITA and visual arts) 24.48% – SOZA (musical works – writers, composers and publishers) 9.6% – OZIS (performers) 39.4% – SLOVGRAM (performers and producers of phonograms) 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? 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 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 146 International Survey on Private Copying Law & Practice 2015 Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Additional Comments:We haveonlythree accountingcategories–audio(media),video(media)anddevices. Revenue sale orimportpriceofthecomputer’s built-inHDD. import priceofanymediacapablecopyingprotected content.There isaseparaterateforpersonalcomputers,which0.5%ofthe The SlovakCopyrightActsetsafixedrateforthelevies,whichis3%ofsaleorimportpriceanydevice,and6% Additional Comments: Tariffs owncountry Mobile phones Consumer electronics devices? responsibility orpaymentforcertainmedia/ Are thereliablepartieswhodeny Legal developments Is thereasocialand/orculturaldeduction? Flash media Optical storagemedia Audio revenue(media) Total “devices” Video revenue (media) TOTAL REVENUE Hardware, PC,HDD Blank Media Devices 3% ofsalepriceorimportthedevice[January1,2004] 3% ofsaleorimportpricethedevice[January1,2004] 6% ofsalepriceorimportthemedia[January1,2004] 6% ofsaleorimportpricethemedia[January1,2004] Several partiesstillrefusetopayleviesfornewmediadevices. copy protectedworks. with clearobligationsregardingalldevicesonthemarketthatcanbeused to stakeholders. We believethatthenewCopyrightActwillincludeprovisions Act andrespectiveprovisionsattheMinistryofCulture,togetherwithother tablets. In2014,westarteddiscussionsonanewwordingfortheCopyright Several importersbegantopayprivatecopyingleviesformobilephones and There arenosocialorculturaldeductionsfromprivatecopyingremuneration. 2236,470.00 2120,557.00 2433,088.00 276,061.00 2012 (2) Devices revenue Rate Rate 2217,626.58 2155,878.23 2409,898.86 236,394.05 2013 (2) 2408,581.00 2210,619.01 2700,702.41 281,502.40 2014 (2) Capacity Capacity International Survey on Private Copying

Law & Practice 2015 147 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 under or video recording and for photocopying of his work, done for private or other internal use, to the preceding Article 50 of this Act. (2) Remuneration on audio or video recordings, pursuant for sound or visual paragraph, shall be paid: (a) upon first sale or importation of new appliances recording media.” fixation; and (b) upon first sale or importation of new blank audio or video the reproduction “Article 50: Private and other internal reproduction: (1) Subject to Article 37, provided that the of a published work shall be free, if made in no more than three copies and free to reproduce works: conditions of paragraphs 2 or 3 are fulfilled. (2) A natural person shall be (a) on paper or any similar medium through a photographic technique or other process having if the copies are not similar effects; and (b) on any other medium if this is done for private use, available to the public, and if the reproduction is not intended for direct or indirect economic or scientific advantage. (3) Publicly accessible archives and libraries, museums and educational own copies for internal establishments shall be free to reproduce, on any medium, works from their use, provided 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. 148 International Survey on Private Copying Law & Practice 2015 Rate setting Collecting society:Collectionanddistribution Social andculturalfundsforcollectivepurposes Distribution process Collection process Are thereanyproductsexemptfromlevies? from payingthelevies? Are thereanyconsumersorbuyersexempt levies/remuneration? Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? Collecting societyorCMOisappointedby: Is thereasocialand/orculturaldeduction? Distribution keys determined? How arethedistributionschemes Which rightholders? Who isconsideredanimporter? How frequentlyispaymentdue? No organization fromitsowncopyandnotintendedformaterialbenefit. individual forprivateuse;or(b) madebyalibrary, museumoraneducational Three copiesareexemptfromremunerationprovidedtheyare:(a) madebyan Copying behavior. Unilaterally bythegovernment. temporary license,issuedfor2008and2009. rightholders andIPOasaresultofthisdelay. Priortothat,theIPFhada tape leviessincetheendof2009.ThereisanongoingdisputebetweenCMOs, Intellectual PropertyOffice.However, nolicensehasbeenissuedforblank The licensesforcollectivemanagementareissuedbytheSlovenian No 40:30:30 forauthors,performersandproducersrespectively. By law. Authors, performers,producers. The personimportingintoSloveniafromanyforeignmarket. on aquarterlybasis. Depending onanagreement.In2008and2009,itwasagreedtoissueinvoices International Survey on Private Copying

Law & Practice 2015 149 0 2014 (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 2013 (2) 0 2012 (2) I. Equipment 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. Revenue 1. Revenue Applicable national rates Applicable 150 International Survey on Private Copying Law & Practice 2015 Contact information 27. Rate setting Collecting society:Collectionanddistribution Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 1 Contact Person1 Web site Name oforganization Currency Country levies/remuneration Which criteriaareusedfordeterminingthe How arelevies/remunerationdetermined? Collecting societyorCMOisappointedby: Remuneration system Copyright law Spain 913499631 913499573 Madrid 28004 VI.4 Fernando [email protected] Carlos Casado www.sgae.es SGAE euro Spain − criteria usedtocalculatethisdamageare: result ofreproductionworkswhichhavebeenaccessedlegally. Themain The amountisbasedonthedamageactuallycausedtorightholders asa included inthestatebudget. There arenolevies,onlyanamountdeterminedbytheMinistryof Cultureand corresponding amountfromtheSpanishgovernment. In accordancewiththenewregulations,collectingsocietiesreceive State-funded system. the statebudget. regulate theprocedureforpaymentofprivatecopyingremunerationfrom (Law 23/2006.of7July).RoyalDecreeNo.1657/2012December7,2012 to Art. 25oftheConsolidatedText oftheSpanishLawonIntellectualproperty − − − − − − − digital oranalogcharacterofrecordings made. average unitpriceofeachrecording category; and degree ofsubstitutiontheoriginal bythecopy; than private copying; not available to private users and which are clearly reserved for uses other number ofcopies, excludingcopiesmade usingdevicesandmediathatare International Survey on Private Copying

Law & Practice 2015 151 New Law No. 21/2014 of November 4 confirms State budget financing of New Law No. 21/2014 of November 4 confirms and 25): private copying remuneration (Articles 31(2) the Spanish Supreme Court Reference to Preliminary Ruling of CJEU by appeal v law in respect to Spanish Constitutional Court admits constitutional private copying regulation and Sony): Supreme Court Supreme Court Decisions of March 2015 (Nokia but not mobile phones, considers memory cards to be subject to levy, following the minimum harm doctrine. The Spanish government pays out once a year. The Spanish government audio: Distribution scheme for 25% – AIE (music performers) producers) 25% – AGEDI (phonogram and publishers) 50% – SGAE (authors video: Distribution scheme for 6.67% – AIE (music performers); 26.67% – AISGE (audio-visual performers) 1.7233% – DAMA (audio-visual authors) 33.33% – EGEDA (audio-visual producers) 30.2766% – SGAE (authors and publishers) 1.3333% – VEGAP (authors of visual arts) Court cases Distribution keys How frequently is payment due? How frequently is payment Revenue and the total amount paid by the government the state budget 1,559,489.76 from only 2 In 2012, we received the state budget 21,406,822.76 from only to all collecting societies was 25,000,000. In 2013, we received and the total amount paid by the government5,000,000. The amount for the to all collecting societies was 2 year 2014 has not yet been paid; it will also be 25,000,000. Legal developments and court cases Distribution process Collection process Collection 152 International Survey on Private Copying Law & Practice 2015 Contact information 28. 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 copying remunerations Administrative costsforcollecting private 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] Liselott Silwer Tanja Jalamo www.copyswede.se Copyswede 9,300,000 SEK Sweden The costofcollectingprivatecopying remunerationswas7.7%in2014. radio corporationsandwithorganizations offilmandphonogramproducers). performers aswellCopyswede havepartnershipagreementswithTVand remuneration. (Thememberorganizations representingSwedishauthorsand tasked byitsmemberorganizations andco-operativepartnerswithcollecting in thefieldconcernedisentitled tocollectremuneration.Copyswedeis a substantialnumberofSwedishauthorsandholdersneighboring rights According toarticle26moftheCopyrightAct,anorganizationrepresenting remuneration. Copyswede isresponsibleforthecollectionanddistributionof the responsibilitiesfromimportersandmanufacturers. Retailers havetheopportunitytoregisteratCopyswedeandthus takeover Importers andmanufacturersareliableforthereportingpayment. Levy system. Section 26k-moftheCopyrightRightAct. source. Theprovisionsoftheprivatecopyingremunerationareregulatedin purposes. Theprovisiondoesnotconferarighttomakecopiesfromanillegal make oneorafewcopiesofworksthathavebeenmadepublic,forprivate According toarticle12oftheCopyrightAct(1960:729)anybodyisentitled International Survey on Private Copying

Law & Practice 2015 153 Collected remunerations are distributed by Copyswede, STIM, SAMI/IFPI, film Collected remunerations are distributed by a monthly basis. producers and broadcasting organizations on Monthly. Authors, performers and producers. The revenue for each product is divided between audio and video copying. For this purpose. Copyswede commissions market research companies to carry out annual copying surveys. Revenue is distributed based on the results of the copying surveys. Following a distribution proposal from Copyswede, negotiations take place between Copyswede and organizations of rightholders. Both parties then set the distribution schemes. Distribution scheme for audio: 5.33% – Union of Broadcasting Organizations (UBOS) 33.3 % – STIM 33.3 % – SAMI 33.3% – IFPI Distribution scheme for video: 5.33% – Union of Broadcasting Organizations (UBOS). In 2008, an agreement with representatives from the US copyright holders was signed, allocating 20% of the total share of the collected private copying levy relating to video copying, net of the share accrued to UBOS. and film producers 33% – Video member organizations 67% – IFPI and Copyswede’s 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 determined by law. In practice, the rates are set through In practice, the rates are set through by law. The levies are determined claims directed to the importers. negotiations and in compensation this criteria for the reduction of levies (in practice The law contains certain example negotiations with the industry). One cited has been achieved through of compensation for private is if the authors have received some other form purposes than private copying. copying or if the products are used for other use sales for professional The law provides an explicit exception regarding persons. and sales to organizations for functionally disabled The cost of distributing private copying remunerations was 4.6% in 2014. remunerations distributing private copying The cost of directly to for the distribution of remuneration, both Copyswede is responsible and through organizations of rightholders. individual rightholders Frequency of distribution Which 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? How are levies/remuneration determined? How are levies/remuneration for determining the Which criteria are used levies/remuneration? Are there any consumers or buyers exempt from paying the levies? Administrative costs for distribution private costs for distribution Administrative copying remunerations Distribution process Distribution process Collection process Rate setting 154 International Survey on Private Copying Law & Practice 2015 Legal developmentsandcourtcases Social andculturalfundsforcollectivepurposes Tariffs owncountry > 80GB80SEK < 2GB–80GB1SEK/GB Court cases Legal developments Is thereasocialand/orculturaldeduction? DVD-R/+ RDoubleLayer8.5GB4.80SEK DVD-RAM 4.7GB4.25SEK DVD-RW/+ RW4.7GB4.25SEK DVD-R/+ R4.7GB2.65SEK(2002) CD-RW Allupto900MB0.95SEK CD-R Allupto900MB0.60SEK(2000) E-Cassette (VHS)0.025SEK CD-R Audio0.020SEK MiniDisc 0.020SEK C-Cassette 0.025SEK Blank Media was coveredbythecompensationsystem(aswereUSBsticks). which anArbitrationBoardhadreviewedthelawandfoundthatthisproduct despite theirparticipationinthesocalledUMA-proceedings(2013)during The companiesinquestionrefusedtopaytheremunerationonproducts In December2014,Copyswedesuedtwoimportersofexternalharddrives. tablets. Acourtdecisionisexpectedintheautumnof2015. In July2014,Copyswedesuedacompanyforitsimportsofcomputersand been filedagainstthejudgementsbeforeSupremeCourt(2015). both thefirst(2014)andsecondinstanceforitsclaims(2015).Anappeal has Copyswede hassuedtwoimportersofmobilephonesandgainedsupportin been initiated. liability topay, butothershaverefusedandseverallegalproceedings internal harddrivesandgamingconsoles.Someimportershaveadmittedthe Copyswede hasclaimedremunerationformobilephones,computers,tablets, product types,suchasmobilephones,tabletsandcomputers. industry havequestionedthesuitabilityofremunerationforcertain products throughagreements.Inrecentyears,stakeholderswithinthe industry representativesandregulatedtheremunerationfordifferent Over theyears,Copyswedehassignedmanyagreementswithvarious No. Optical StorageMedia Flash Media(2012) USB sticks 28.90/unit 20.53/unit 20.47/unit 20.47/unit 20.29/unit 20.11/unit 20.07/unit 20.11/GB 20.03 20.02 20.02 20.03 Rate

Per minute Per minute Per minute Per minute Capacity International Survey on Private Copying

Law & Practice 2015 155 214 2014 Capacity 26,180 25,591 24,976 22,036 242,802 230,236 2336,514 2267,222 2602,162 2176,057 21,340,636 22,248,400 21,353,251 26,650,787 213,066,866

Rate 259 2013 20.11/GB 20.11/GB 20.11/GB 20.11/GB 20.38/GB 20.11/GB 23,309 26,423 22,387 28.90/unit 28.90/unit 28.90/unit 28.90/unit 210,469 288,509 222,865 235.58/unit 2155,405 2180,442 2979,754 2857,914 2245,119 22,668,683 21,366,819 24,396,900 210,985,056 PC (2013) Tablets (2013) Tablets Mobile phones (2013) Internal hard drives (2013) External hard drives (2012) Consumer Electronics (2005) N/A N/A N/A N/A N/A 2012 2179 24,749 229,241 212,622 2773,785 2170,289 2335,858 21,265,159 21,277,398 22,731,755 26,601,036.67 Devices Hardware, PC, HDD Media/devices Total Mobile phones Game consoles Internal hard drives Tablets Computers External hard drives USB memory DVD-R/RW Hard disc video recorders MP3-players CD-R/RW Video cassette Video MiniDisc < 2GB – 80GB 1 SEK/GB > 80GB 80 SEK < 2GB – 80GB 1 SEK/GB > 80GB 80 SEK < 2GB-80 GB 1 SEK/GB > 80GB 80 SEK < 2GB – 80GB 1 SEK/GB > 80GB 80 SEK 3.50 SEK/GB DVD players, TVs, and other media players: hard drives, including set-top boxes, For MP3 players and all devices with built-in 0 – 320 GB 1 SEK/GB > 320 GB 320 SEK Audio CD Audio cassette Revenue 156 International Survey on Private Copying Law & Practice 2015 Contact information 29. 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 copying remunerations Administrative costsfordistributionprivate copying remunerations Administrative costsforcollectingprivate Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Switzerland +41 4448167 +41 4448566 Zürich 8038 Bellariastrasse 82 [email protected] [email protected] Anke Link Frank Dietiker www.suisa.ch SUISA Swiss francs Switzerland The restisdistributedthroughorganizationsofotherrightholders. SUISA distributesdirectlytoitsownmemberstheshareformusic copyrights. The collectingsocietyisalsoresponsiblefordistributiontorightholders. 2439,904 in2013. 2117,524 in2013. SUISA isappointedbyrightholders. Importers andmanufacturersareliableforpayment. Levies. Swiss copyrightcodeof1992,lastrevisedin2008. International Survey on Private Copying

Law & Practice 2015 157 the copying behavior; and iTunes); shop like purchased from a licensed download (i.e. already licensed copies copyright-protected. the share of works that are not (or are no longer) − − − Levies/remuneration are determined through negotiations between collecting societies and determined through negotiations between Levies/remuneration are the Arbitration settlement, media importers or producers. If there is no associations of blank by the Ministry of Justice decides. Commission appointed 10 percent of of maximum “Compensation shall normally amount to a Swiss law states that 3 percent for of cost of utilization for authors’ rights and a maximum the proceeds from or the levy on the basis of the private copying, we usually negotiate neighboring rights”. Regarding in consideration of the device the price consumers have to pay for costs of utilization (basically into account: device is used for private copying) and take the extent to which the − − − copying increases – levies – although private As decreasing device prices lead to decreasing argue that We the levy. a basis for the calculation of we started to bring up consumer savings as to Swiss law. consumer savings are “proceeds” according to save because of “consumer savings” as the amount of money a consumer is able define We have been purchased. not every copied work would the possibility of private copying. Of course we posed the following questions to a panel of Nonetheless, to determine an average saving consumers (exemplified with musical works): like from file that you received free of charge, Do you have any musical works on your device etc.? sharing services, recordings from radio or TV If yes, how many? of charge as promotion? Are there any musical works you received free If yes, how many? had if you hadn’t charge would you have purchased How many of the works you received free of the opportunity to receive them free of charge? had if you hadn’t would you have purchased How many of the works you received as promotion the opportunity to receive them as promotion? and this forms the the result by the most common price for this kind of work, then multiply We basis for calculating the levy. However, with our negotiating partner. still have not yet agreed on any calculation procedure We the outcome of our current consumer panel shows that consumer savings decreased and during this year’s will not lead to appropriate levies. Hence, we did not bring up this argument negotiations. rise to a Depending on the type of media, professional use is taken into account, and this gives been used for commercial copying, for instance when If media is ascertained to have lower levy. of their broadcasts, the Swiss Broadcasting Corporation imports blank DVDs to make copies During negotiations on the rate for tablets, then there is a possibility of getting back the levy. revealed that even a survey commissioned by Swiss associations of importers and producers professional users do make private copies. that When we first negotiated the rate for blank audio and video tapes, we exempted tapes five more rates for are obviously not meant for private copying but for professional use. With exemptions only apply to hard discs in personal more advanced technical media in place today, not they are if blank media are definitely not eligible for private copying, computers. However, levied. How are levies/ remuneration determined? Which criteria are used 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? Rate setting 158 International Survey on Private Copying Law & Practice 2015 Collection process Distribution process Who isconsideredanimporter? Are exportsexempted? market? How doyoumonitororinterveneinthe How frequentlyispaymentdue? rightholders? Which distribution Frequency of rightholders? remuneration to the collected Who distributes determined? schemes distribution How arethe − Rightholders (categories)whoreceiveprivatecopyingremunerationsare: Distribution toothercollectingsocietiesisquarterly;distributionSUISA’s rightholdersisyearly. through organizationsofotherrightholders. SUISA distributesdirectlytoitsownmemberstheshareformusiccopyrights. Therestisdistributed is stored,andtowhatextent. distribution schemepertariffbasedonstudiesconsumersuseofmedia;i.e.whatkindrepertoire is 3:1.Thedistributionofthecopyrightsharesamatterforrightholders. Thesocietiesnegotiatea According toarticle60oftheSwissCopyrightLaw, thesplitbetweencopyrightsandneighboringrights − − − − − − − − − holders ofneighboringrights. holders ofcopyrightsforaudio-visualworks; and holders ofcopyrightsfordramaticandaudio-visualworks; holders ofcopyrightsforliteratureandvisualworks; holders ofmusiccopyrights; purchase fromadomesticprovider. importer ifthehandlingofapurchaseforSwisscustomersisequalto As forcross-bordersituations,aforeignproviderisalsoregardedasan retailers ordirectlytoprivatecustomers. Switzerland, regardlessofwhetheritusesthemediaitselforoffersto The importerisanycompanyimportingblankmediaintotheterritoryof proved. Exports areexemptedandexporterscanclaimarefundifexportsbe will bebornebythepartywhorequestedthird-partyverification. incomplete, thelattershallbearverificationcosts;otherwisethose costs verifications showthattheproducer’s orimporter’s declarationswerefalseor auditors. Verification maybeentrustedtoanindependentthirdparty;ifthe may requestacorrespondingconfirmationfromtheproducer’s orimporter’s access totheirwarehousesandrecordsforverificationpurposes.SUISA At SUISA’s request,producersandimportersarerequiredtograntSUISA Payment isdue30daysaftertheinvoicedate. International Survey on Private Copying

Law & Practice 2015 159 There is no such deduction before distribution of shares to the respective societies. But each society makes a deduction of its own. SUISA deducts 10% for social and cultural purposes. The deductions are determined by rights owners. The total amount dedicated to social and/or cultural funds of all five Swiss the CMOs in 2013 was 702,766 Swiss francs (2565,397), representing 9.62% of collected amount. “Allocation to artists, cultural productions: SUISA Foundation for Music. pension fund for authors and Allocation for social purposes: SUISA’s publishers.” MP3-players, digital video recorders and the like (Common tariff 4d); (Common tariff digital video recorders and the like MP3-players, and 4e); mobiles (Common tariff 4f).” tablet PC (Common tariff − − − “At the moment we have four tariffs for blank media. However, one is only a combination of three a combination of three one is only for blank media. However, we have four tariffs “At the moment DVD). In addition we have separate (audio/video cassettes, blank CD and blank former separated tariffs tariffs for: − − − and tablet PCs are the most significant, digital video recorders, mobiles As the tariffs for MP3-player, for these three tariffs. we only describe the schemes common tariff 4d for audio: Distribution scheme for copyrights) 58.7% – SUISA (music and visual arts) 4.37% – Pro Litteris (copyrights for literature for dramatic and audio-visual works) 2.15% – SSA (copyrights works) 9.78% – SUISSIMAGE (copyrights for audio-visual 25% – Swissperform (neighboring rights) change in 2016 due to a video (the scheme will probably Distribution scheme for common tariff 4d for and another fixed rate consist of a fixed rate for copyrights modification of the tariff – the tariff will then for neighboring rights): 9.49% – SUISA 5.325% – Pro Litteris 2.66% – SSA 57.525% – SUISSIMAGE 25% – Swissperform Distribution scheme for common tariff 4e: another fixed rate for neighboring rights. The relation The tariff has a fixed rate for copyrights and studies on copying behavior and is approximately 75% between these two rates is determined by our The tariff rate for copyrights is distributed as follows: for copyrights and 25% for neighboring rights). 80.5% – SUISA 11% – Pro Litteris 3.5% – SSA 5% – SUISSIMAGE Is there a social and/or cultural deduction? 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? Distribution keys Distribution Social and cultural funds for collective purposes Social and cultural funds for collective 160 International Survey on Private Copying Law & Practice 2015 Legal developmentsandcourtcases Applicable nationaltariffs Court cases Legal developments tablet PCsandpersonalcomputers, e.g.digitalvideorecorder Flash mediaandHDinaudio-visual devicesotherthanmobiles, than mobilesandtabletPCs,e.g.MP3-players Flash mediaandHDinaudiodevicesallportableother BR DVD DL DVD-RAM DVD-R/-RW DVD+R/+RW VHS DVD RWBlu-ray/HD DVD RBlu-ray/HD DVD-RW/+RW/RAM DVD-R/+R CD-R/RW data Audio cassette Audio rates cameintoforceretroactivelyandcanbeappliedretroactively. acceptance ofanewratefor2015and2016.Fornon-members,theformer year 2014)tothemembersofassociationswenegotiatedwithand agreement includesthepaymentofalumpsumforpast(including associations ofproducersandimporterstowithdrawtheappeals.This In thesummerof2014,weconcludedamutualagreementwith was turneddown. group, thataimstoabolishtheleviesonblankmedia.Thislegislativeinitiative There hasalsobeenalegislativeinitiative,introducedbyparliamentary for considerationbytheendofthisyear. the SwissFederalCouncilwillsubmitfirstdraftofarevisedCopyright Law As anoutcomeoftheworkinggroupsetupbySwissMinistryJustice, copyright users,consumersandtheadministration. working grouparerepresentativesofartists,producers,associations possibilities ofoptimizingthecollectioncopyrights.Membersthis The SwissMinistryofJusticesetupaworkinggrouptoinvestigatethe the casealloverEurope. Levies forprivatecopyingarehighlydisputedatthemoment,asseems to be Consumer Electronics Video 1 euro=1.04Swissfrancs Valid in2015 220.40 20.07 20.08 20.24 20.31 20.40 20.55 20.60 20.44 20.89 20.32 20.84 20.30 20.05 20.32 Rate -per GB>250GB -250GB -per GB≤250GB -per GB>32GB -per GB≤32GB -per GB≤16GB -per GB≤8GB -per GB≤4GB 640 minutes/25GB 240 minutes/8.5GB 120 minutes/4.7GB 120 minutes/4.7GB 120 minutes/4.7GB 60 minutes 25GB 25GB 4.7GB 4.7GB 60 minutes/525MB 60 minutes Capacity International Survey on Private Copying

Law & Practice 2015 161 2014 (2) 234,596.79 255,263.38 2400,780.42 2951,722.70 21,047,504.76 21,083,280.50 22,987,059.92 24,907,219.58 211,467,428.06 -per GB ≤16GB -per GB ≤32GB -per GB > 32GB -per GB ≤4GB -per GB ≤8GB - per GB ≤16GB - per GB ≤32GB - per GB ≤64GB - per GB > 64GB Max. 2% of catalogue 1.215 Swiss francs

2013 (2) 242,012.29 266,050.08 2650,766.37 2569,747.42 20.14 20.12 20.10 20.12 20.10 20.08 20.07 20.06 20.06 21,540,272.48 21,708,077.07 21,357,873.61 25,934,799.32 1.231 Swiss francs

2012 (2) 254,097.97 2157,112.36 2759,415.99 2922,404.95 22,505,251.71 22,138,446.99 26,536,729.97 1.205 Swiss francs Consumer Electronics Optical Storage media Blank Media 1 euro = Mobile phones Flash media and HD in tablets Flash media and HD in Cassette, MiniDisc etc. VHS CD-R/RW data DVD-R/+R DVD-RW/+RW/RAM DVD R Blu-ray/HD DVD RW Blu-ray/HD Flash media and HD in audio devices and all and portable devices other than mobile, tablets PCs 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 Mobile phones* Total Revenue 162 International Survey on Private Copying Law & Practice 2015 Contact information 30. Rate setting 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 the levies/remuneration? Which criteriaareusedfordetermining determined? How arelevies/remuneration Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Turkey +90 2122924617 +90 2122924613 Istanbul Mahallesi No10.Beyoglu Turnacibasi Cad.Kuloglu [email protected] [email protected] Ahmet Asena Asli DevrimUgurlu www.mu-yap.org Phonogram Producers CollectingSociety(IFPInationalgroup Turkey) Turkish lira Turkey Statistic PositionNumber. The rateisdeterminedbyagovernment decisionbasedontheGeneralRate The amountofpaymentonblank media/devicesisdeterminedbythegovernment. (MOCT), whichhasthelegalmonopoly. None. RemunerationsarecollectedbytheMinistryofCultureand Tourism based uponthemanufacturingprices. after distributionofthedevicesandmediatolocalmarket,with anamount and blankmediabasedonCIFamount.Formanufacturers:within 15 days Legal liabilitymomentforimporters:beforethecustomdeclarationofdevices Levies. (MOCT). media anddevicestotheaccountofMinistryCultureTourism obligation onimportersandmanufacturerstopayacertainamountblank under article38,butleviesarenotregulatedinthelaw. However, thereisan Turkish CopyrightLaw, article38and44.Privatecopyingisallowed International Survey on Private Copying

Law & Practice 2015 163 Importers and manufacturers have to report their imports, manufacturing have to report their imports, manufacturing Importers and manufacturers the according to to the Ministry of Culture and Tourism quantities and prices decision of government. No distribution scheme. any fair compensation from these payments Rightholders do not receive of is used by the Ministry and all the revenue from blank media and devices Culture and Tourism. to use these amounts is fully authorized The Ministry of Culture and Tourism for cultural purposes. Private copying is regulated by the Turkish Copyright Law but fair compensation is not Private copying is regulated by the Turkish and There is an obligation on manufacturers included. Levies are not explicitly regulated. 3% of the manufacturing price or import costs) importers to pay an amount (not exceeding Articles these are not levies in the Copyright Law. for blank media and devices. However, Copyright Directive 2001/29 and international 38 and 44 must be amended according to the agreements. The articles are provided below: It is permitted February 21, 2001 – 4630/19): Article 38. (Amendment: July 7, 1995 – 4110/14; pursuing profit. for personal use without to reproduce all intellectual and artistic works prejudice the legitimate interests of rightholders such reproduction may not However, exploitation of the work. without good reason or conflict with the normal (Amendment: February 21, 2001 – 4630/23): Article 44 (second and other related paragraphs). or import for commercial purposes any kind of Natural and legal persons who manufacture DVDs recording media such as blank video cassettes, audio cassettes, computer discs, CDs, and all kinds of technical equipment used for the reproduction of intellectual and artistic bank in works shall collect and deposit into a special account to be opened with a national every month, not later than the middle of the the name of the Ministry of Culture and Tourism, 3% following month, an amount to be determined by the Council of Ministers, not exceeding A quarter of the of the manufacturing or importation costs. (Addition: July 14, 2004 – 5217/17): of amount collected in the special account shall be transferred to the account of the Ministry Culture Central Accounting Office and recorded as revenue in the budget. remaining in (Amendment: February 21, 2001 – 4630/23; July 14, 2004 – 5217/17): The amounts this account shall be used to strengthen the intellectual property system and execute cultural of these and artistic activities. The rules and procedures governing the distribution and use and Tourism. monies shall be laid down by a by-law to be issued by the Ministry of Culture the cultural heritage The allowance, which is necessary for activities relating to protection of in the budget of the Ministry. shall be included within and outside the country, the application of (Amendment: March 3, 2004 – 5101/15): Rules and procedures regarding by the this article and the fees to be collected shall be laid down by a by-law to be issued Ministry of Culture. Legal developments Is there a social and/or cultural deduction? Who distributes the collected remuneration Who distributes the collected to rightholders? Distribution keys How frequently is payment due? How frequently is payment Legal developments and court cases Social and cultural funds for collective purposes Social and cultural funds for collective Distribution process Collection process Collection 164 International Survey on Private Copying Law & Practice 2015 Contact information 31. Rate setting Collecting society:Collectionanddistribution Legislation andfundamentalfacts Fax Phone City Postcode Address E-mail 2 E-mail 1 Contact Person1 Web site Name oforganization Currency Country Are thereanyproductsexemptfromlevies? How arelevies/remunerationdetermined? Collecting societyorCMOisappointedby: Liable forpayment Remuneration system Copyright law Ukraine +38 (044)2720564 +38 (044)2720564 Kyiv 4053 Off. 614,1-5,ArtemaStr. [email protected] [email protected] Pavlo Kalenychenko,director www.uma.in.ua Ukrainian MusicAlliance hryvnya Ukraine purposes isliabletoalevy. Exports areexempted,andequipmentimportedbynaturalpersons forprivate Government ResolutiononEquipment. Levies aredeterminedbylaw;astrictlistofleviesisestablished by the rightholders andothercollectingsocieties. The allianceisresponsibleforcollectionanddistribution,itdistributes to Ministry ofScienceandEducation. The UkrainianMusicAllianceisappointedbylawandthedecision of the Importers andmanufacturersareliableforpayment. There isalevysystem. Article 42(2)oftheLaw. resolution andtheordersofministries).ItisstipulatedinArticle25(2) The LawofUkraineonCopyrightandRelatedRights(alsogovernmental International Survey on Private Copying

Law & Practice 2015 165 58,938 2012 (2) 186,438 2011 (2) There is a draft of a new Governmental Resolution that stipulates the rate There is a draft of a new Governmental Resolution draft that was prepared without and the list of levies. It is an unsatisfactory (it was inspired by big consulting rightholders and collecting societies an extremely complicated levy importers). In fact this draft would introduce collection system, if adopted. for SMART TV. Liable parties do not pay or deny responsibility to pay levies. have more than 50 cases against importers who refuse We Payment is due after import (manufacturing). Payment is due after import controlled by the Ukraine Music Alliance receiving The market used to be Ukraine), (State Service of Intellectual Property of information from SIPSU Ukraine. this information from the Custom Service of which in turn received providing us with this necessary information SIPSU has currently stopped for no reason. Exports are exempted. to authors, performers The Ukrainian Music Alliance distributes yearly The Ukrainian Music Alliance and producers, as well as their successors. is distributed determines the distribution schemes; the remuneration according to sales figures for music and films. Annually. as their successors. Authors, performers and producers, as well distribution schemes. The Ukrainian Music Alliance determines the figures for music and films. Remuneration is distributed according to sales 129,644 2010 (2) Blank Media Legal developments Are there liable parties who deny responsibility or payment for certain media/ devices? Court cases 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? Frequency of distribution Which rightholders? How are the distribution schemes determined? Distribution keys How frequently is payment due? How frequently is payment Revenue Applicable national rates the – 5% of rather simple and is by governmentalis established system Ukraine the rate In resolution contractual price of blank media and 3% of the contractual price of equipment. Legal developments and court cases Distribution process Collection process Collection 166 International Survey on Private Copying Law & Practice 2015 Contact information 32. 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”) $1.09 asofMay28,2015 United States for payment. imported, manufacturedordistributedintheUnitedStatesaretherefore liable audio recordingdevices,digitalinterfacedevicesand media distributed intheUnitedStates.Manufacturersand/ordistributors ofdigital digital audiointerfacedevicesandmediaimported,manufactured or paid bymanufacturersand/ordistributorsofdigitalaudiorecording devices, year forwhichtheroyaltiesarecollected–royaltyyear. Royaltiesmustbe Under AHRA,royaltiesmustbedistributedbasedonsalesintheUS duringthe sound recordingsforpersonaluse. AHRA definesprivatecopyingasbyconsumersoflegally obtained media makeroyaltypaymentsforeachdeviceormediumtheydistribute. manufacturers ofdigitalaudiorecordingdevicesand recording AHRA alsoestablishesaroyaltysystemthroughwhichimporters and digital copiesfromcopies. generation digitalcopyingofsoundrecordings,butpreventsthemaking or distributedintheUnitedStates.Suchasystemallowsunlimitedfirst recording devicesanddigitalaudiointerfaceimported,manufactured AHRA requiresaserialcopymanagementsystem(SCMS)foralldigitalaudio 1992), codifiedat17U.S.C.Article1001etseq. Audio HomeRecordingActof1992.Pub.L.No.102-563.106Stat.4237(Oct. 28. International Survey on Private Copying

Law & Practice 2015 167 The Alliance of Artists and Recording Companies distributes annually to Featured Recording Artists and Sound Recording Copyright Owners (Producers). The distribution methods are determined by the AHRA. Under AHRA, royalties must be distributed based on sales in the US during the Royalties must be year for which the royalties are collected – the royalty year. paid by manufacturers and/or distributors of digital audio recording devices and digital audio interface devices imported, manufactured or distributed in the United States. The AARC represents Featured Artists and Sound Recording Copyright Owners (Producers). AARC distributes directly to rightholders and through collectives based on bilateral agreements. The distribution schemes are determined by the AARC Board of Directors. 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 required parties. No. AHRA covers digital media, audio recording devices and digital audio that interface devices that fall within the definitions specified in the law and are sold in the US, regardless of where they are manufactured. These are the only types of product for which statements and payments are submitted. whichever party distributes the AHRA covers the manufacturer or importer, media/device in the US for ultimate transfer to consumers in the US. There is no definition of n importer. Alliance of Artists and Recording Companies a non-profit, tax-exempt private Recording Companies a non-profit, tax-exempt Alliance of Artists and with AARC. artists and producers contractually sign up organization. Featured of AARC is allowed to deduct its actual costs Under AARC bylaws, the royalties it distributes that year. distribution from all the an artificial not on of distribution for a particular year, Based on actual costs percentage. 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 primarily for fixing non-musical It does not include those devices that are used works, computer programs or works such as motion pictures, audio-visual entirely of spoken word. databases. It does not include works that consist program, professional model It also does not cover any computer-based recording equipment that is products, dictation machines and other audio of non-musical sounds. designed and marketed primarily for the fixation Frequency of distribution Which rightholders? How are the distribution schemes determined? 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? How are levies/remuneration determined? Administrative costs for collecting private Administrative costs for copying remunerations distribution private Administrative costs for 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 168 International Survey on Private Copying Law & Practice 2015 Revenue device, andaminimumof$1perdevice. AHRA specifiesthefollowing:DevicesOnly:Maximum$8US(Approx. 212)perdeviceor$12(Approx. 218)permulti-integrated Applicable nationalrates Social andculturalfundsforcollectivepurposes This figurerepresentsblankmediaanddevices. Distribution keys Is thereasocialand/orculturaldeduction? Devices, Hardware,PC,HDD Blank Media Type 2% ofthetransferpricefordevices 3% ofthetransferpriceformedia − Distribution schemeforvideo: − The AFM&SAG-AFTRAIntellectualPropertyFund − − − − − − − Distribution schemeforaudio: purposes. There iscurrentlynodeductionforcollective(socialand/orcultural) − − − − − − − − − No private copylawforvideo. Publishers’ Sub-fund–50%ofMWFHarryFox Writers’ Sub-fund–50%ofMWF ASCAP/SESAC/BMI Musical Works Fund(MWF)–1/3oftotalDART fund Non-Featured Artists –4%ofSRF Featured Recording Artists’ Sub-fund–40% Sound RecordingCopyrightOwners’Sub-fund–60% and Featured Recording Artists, asfollows: AHRA requirestheallocationof96%toSoundRecordingCopyrightOwners Sound RecordingsFund(SRF)–2/3oftotalDART fund 21,500,000 2010 (2) Rate Rate 21,800,000 2011 (2) 21,500,000 2012 (2) 2700,000 Per unit Per unit 2013 (2) Capacity Capacity 2350,000 2014 (2)

International Survey on Private Copying

For more information contact WIPO at www.wipo.int World Intellectual Property Organization Law & Practice 2015 34, chemin des Colombettes P.O. Box 18 CH-1211 Geneva 20 Switzerland

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

WIPO Publication No. 1037E/16 ISBN 978-92-805-2707-0 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