InternaInternational Survey on Text and Image Copyright Levies

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WIPO Publication No. 1042E/16 ISBN 978-92-805-2728-5 International Survey on Text and Image Copyright Levies 2015 Edition Image Copyright Levies 2015 Edition International Survey on Text and

International Survey on Text and Image Copyright Levies 2015 Edition International Survey on Text and 1 Image Copyright Levies 2015 Edition 8 8 9 5 7 7 7 24 23 20 20 21 21 21 22 22 22 16 16 17 17 17 18 18 19 19 20 20 20 15 15 15 16 16 14 13 11 10 10 10 General Principles Responsibility for Distribution Between CMOs Determination of Distribution Schemes Split The Author-Publisher Deduction of Administrative Fees Social and Cultural Deductions Right Holders Outsiders and Foreign The Issue of Double Payment Who is Liable to Pay the Equipment Levy? Be Applied? On Which Devices or Media can Levies Process Setting Tariff Use Professional an Illegal Source Copies from Illegal Copies Exemptions Issue: Refunds and The Cross-Border Visibility of the Levy Impact on Prices and Sales of Devices and Media Relationship between the Operator Fee and the Device/Equipment Levy How Tariffs Are Set Are How Tariffs Level of Tariffs of Tariff Types Use of Statistical Surveys Equipment Levies Operator fees Tariffs Final Words Trends Trends A Few Aspects of Distribution Liability and Other Issues Concerning Text and Image Levies and Liability and Other Issues Concerning Text Setting Tariff Practical Implementation of Text and Image Levies Practical Implementation of Text Legal Background for Text and Image Levies for Text Legal Background EU Developments Concerning Text and Image Levy Systems and Image EU Developments Concerning Text Overview by continent Methodology and Scope Features of Text and Image Levies and Image of Text Features Main Changes Since Last Report Main Changes Since 1.11.1 1.11.2 1.11.3 1.11.4 1.11.5 1.11.6 1.11.7 1.10.1 1.10.2 1.10.3 1.10.4 1.10.5 1.10.6 1.10.7 1.10.8 1.10.9 1.10.10 1.10.11 1.9.1 1.9.2 1.9.3 1.9.4 1.3.1 1.3.2 1.3.3 1.13 1.12 1.11 1.10 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.1 Introduction 1.2 GENERAL ANALYSIS 1. EXECUTIVE SUMMARY Table of Contents Table 2 International Survey on Text and Image Copyright Levies 2015 Edition 3. 2. ACRONYMS ANDABBREVIATIONS 3.1 COUNTRY REPORTS COMPARATIVE TABLES 3.2 3.1.17 Slovenia 3.1.16 Slovakia 3.1.15 Romania 3.1.14 Portugal 3.1.13 Poland 3.1.12 Lithuania 3.1.11 Hungary 3.1.10 Greece 3.1.9 Ghana 3.1.8 Germany 3.1.7 France 3.1.6 3.1.5 Croatia 3.1.4 Cameroon 3.1.3 3.1.2 Belgium 3.1.1 Austria 3.2.14 Turkey 3.2.13 Serbia 3.2.12 Paraguay 3.2.11 Nigeria 3.2.10 Netherlands 3.2.9 Montenegro 3.2.8 Moldova 3.2.7 Luxembourg 3.2.6 Kosovo 3.2.5 Korea 3.2.4 Ecuador 3.2.3 3.2.2 Bosnia-Herzegovina 3.2.1 Algeria Countries With OperationalTextCountries With andImageLevySystems Countries where thelevysystemhasnotyetbeenimplemented Czech Republic Burkina Faso Dominican Republic 101 112 110 109 109 108 108 108 107 107 107 107 106 106 105 105 105 42 97 93 90 86 84 80 77 74 66 64 60 58 56 54 49 42 42 26 International Survey on Text and 3 Image Copyright Levies 2015 Edition 21 23 25 25 How the levy is utilized 1m Equipment and >€0.6m Operator) (>€1m Equipment and top collectors Collection in m€ from Per Capita collection Total collection Total Figure 1: Figure Figures Figure 2: Figure Figure 3: Figure Figure 4: Figure 4 International Survey on Text and Image Copyright Levies 2015 Edition Table 18: Table 17: Table 16: Table 15: Table 14: Table 13: Table 12: Table 11: Table 10: Table 9: Table 8: Table 7: Table 6: Table 5: Table 4: Table 3: Table 2: Table 1: Tables over €0.6million2014 Operator feehistoricalanalysis:eightyeartrends forRROswithcollections collections over€1million2014(figures in€million) Equipment levycollectionshistoricalanalysis:8yeartrends: RROswith TI levycollections2014 of domesticincome Administrative chargesandsocialculturaldeductionsasapercentage Types ofdistributionschemes How distributionschemesare determined Visibility of theequipmentlevy Visibility Operator feeTariffs and AV privatecopyinglevies).Allfigures inEuros Tariff summaryfordevicesandmediasubjectonlytoTIlevies(notaudio How equipmentlevytariffs are set Locations covered byoperatorfee Media subjecttobothaudio/audio-visualprivatecopyingleviesandTI Devices subjecttobothTIandA/AV privatecopyinglevies Devices andmediacapableofcopyingTIworksonly Exemption andrefund schemes(re deviceormedialevies) Liability topaydevice/mediumlevy Scope ofexceptionscovered bythelevy Countries withTIlevies 41 41 40 39 38 37 36 35 33 32 31 31 30 30 29 28 27 26 International Survey on Text and 5 Image Copyright Levies 2015 Edition RROs, along with other players on the national and international level, are constantly striving to improve the constantly striving to improve RROs, along with other players on the national and international level, are some of the facts and analysis that will enable informed aim to provide levy systems. The IFRRO-WIPO reports of authors and publishers. discussion of TI levies and their place in a system of fair remuneration The report also analyzes the highest levy collections by country from 2007 to 2014, concluding that collections that concluding 2014, to 2007 from country by collections levy highest the analyzes also report The varying within a band of 4%for the constant for the operator fee during this period, have been roughly attributable mainly to developments for the equipment levy, volatility operator fee, but with much more €0.002 per head of from It also analyzes the 2014 collections in per capita terms, ranging in Germany. population in Burkina Faso and Portugal to €2.06 in Belgium. The second report updates the data in the first report for all operational TI schemes, examining which examining schemes, TI operational all for report first the in data the updates report second The for both the equipment subject to an operator fee, tariffs levied, which locations are devices or media are tables. It shows that TI levy and operator fee and 2014 collections, making extensive use of comparative €162 million €179 million worldwide in 2014. Approximately levy collections amounted to approximately figure 2014 the fee. While operator the (9.5%) from million €17 levy, the equipment from resulted (90.5%) it by the first survey, the years covered of 26% on the total for 2012, the last of shows a substantial increase is due to back payments following the clarification that, to some extent, the increase should be appreciated such distorting factors, the figures of liability for the equipment levy on devices such as scanners. Allowing for trend. for the last eight years show only a modest upward Currently, there are 30 countries whose legislation provides for TI levies, although the levy scheme is not yet for TI levies, although the provides 30 countries whose legislation are there Currently, as well as five non- Union (EU) Member States TI levies exist in 16 European operational in 12 of these. Today, the scope of the TI levy system in new legislation has extended countries. Since the last report EU European and other detailed criteria for tariff-setting in Austria provides Portugal and the Netherlands. New legislation to be seen. The help or hinder the operation of the levy system remains matters, although whether these will of 2001 concerning TI levies, and summarizes of the EU Copyright Directive survey analyzes the provisions legislation one pending case. Additionally, as well as CJEU decisions clarifying those provisions, seven recent that will establish the first such system in an Asian country. in Korea proposed is currently The equipment levy applies primarily to devices or media that can be used to copy text and image works The equipment levy applies primarily devices or media, such as copiers, multi-function machines, either alone or in conjunction with other only, Rights devices or media is normally collected by RROs (Reproduction scanners or printers. The levy on such and Organizations (CMOs) in the text and image sector, Organizations), the Collective Management organizations. However, other representative or through either directly distributed to authors and publishers works as for the copying of text and image of the remuneration a share in some countries, RROs also receive by another CMO. which is normally collected part of the private copying levy, TI levies represent copyright fees paid for the use of text and image works under exceptions or limitations to of text and image works under exceptions copyright fees paid for the use TI levies represent private normally include or limitations These exceptions law. in copyright right of reproduction the exclusive to but often also extend, unlike the private copying levy, copying levy, use by natural persons, like the private own or internal as companies or educational institutions. The levies consist primarily use by legal persons such or importers of devices or media that can paid by the manufacturers of a fee, known as the equipment levy, is normally passed down the chain of supply so that it is ultimately be used to make such copies. This fee is which fee’, ‘operator an by supplemented is levy equipment the countries many In borneend-user. the by or copy-shops such as scale, a large on copying devices of providers operators or by the a periodical fee paid public libraries. EXECUTIVE SUMMARY EXECUTIVE jointly published by WIPO and and Image Copyright Levies’, ‘InternationalThis is the second Survey of Text in May 2014, and analyzes the origins, which was published and updates the first survey, IFRRO. It builds on access to legal easy ensuring in role and their the world, around levies of these use and current scope private audio and audio-visual from different are It also shows how and why TI levies copyright material. by Paul members, collated and presented IFRRO it uses data from with the first survey, copying levies. As the IFRRO Secretariat. of IFRRO members and consultant, with the assistance of representatives as Greenwood unchanged. and scope are The methodology 6 International Survey on Text and Image Copyright Levies 2015 Edition 2015, andthepublicationwastranslatedintoKorean. from theWIPOsite.Inaddition,papercopieshavebeendistributedatIFRROandeventsin2014 There isclearlyademandforinformationonthissubject.The2014editionwasdownloaded10,808times International Survey on Text and 7 Image Copyright Levies 2015 Edition Illegal copies (1.10.7) (1.10.6) an illegal source Copies from Questions concerning (1.11). RRO distribution schemes GENERAL ANALYSIS GENERAL Main Changes Since Last Report Introduction A new tariff scheme for the Portuguese equipment levy, which has previously not been fully implemented, which has previously scheme for the Portuguese equipment levy, A new tariff an overall cap on the total levy in law in June 2015 (3.1.14). The scheme includes was introduced levies. both TI and AV from remuneration now goes up to 2014, rather than and tables for operational levy schemes The data in the country reports report. 2012 as in the previous Extensive additions to the Austrian legislation concerningdetailed criteria for tariffs, TI levies, with in full (unofficial translation) in the country reproduced and a cap on total collections, are repayments on Austria (3.1.1). report • • • An important judgement of the CJEU, in the REPROBEL case, was delivered on 12 November 2015 (See 1.6). An important judgement of the CJEU, in the REPROBEL case, was delivered explained and analyzed: new issues concerning TI levies are Three Commentary on developments in, for example, legislation and court proceedings since the publication since the publication and court proceedings in, for example, legislation Commentary on developments report of the first not available at the time of for 2013 and 2014 which was tariffs Data on collections, distributions and report publication of the first • • • • • 1.2 are: The main changes since the last report Currently, the legislation in 30 countries worldwide provides for a TI levy system (29 in 2014). 21 (20) of legislation in 30 countries worldwide provides the Currently, and systems, levy TI (EU). Union European the of members being 16(15) with Europe, in are countries these an have developed largely within the EU member states. Nevertheless, to them, the jurisprudence relating TI have adopted and Africa, South America in EU, especially outside the countries number of increasing be noted that draft legislation in Korea considering doing so. It should currently are levy systems, and more for a private copying levy on devices and media. provides Text and image levies on copying for private and own/internal use (TI levies) cover, not only copying of text and not only copying and own/internal and image levies on copying for private use (TI levies) cover, Text specified purposes a range of copying for various importantly, more still images for private use, but also, and right of reproduction the to under legal exceptions is permitted persons, which natural and legal by both and authoritative is intended to be a comprehensive this report with its predecessor, of the work. Together to and levies such about misconceptions many the address to helping levies, TI on information of source to reference or with general in either of improvement, in need is system levy the TI where areas identify not work so well as in others. It is the system has not yet been implemented or does specific countries where TI in negotiations on levies between right holder organizations and the will be useful hoped that both reports helping to above all, in perhaps and governmentEC, in developing by the in work on levies policy, industry, constitute the user community in the many levy countries. educate and inform the public, who • also included, in summary form, in detailed in the 2014 survey are The various aspects of TI levies that were detailed discussion. to the first survey for more Please refer with updates as appropriate. survey, the present summarized in section 1.2. are The main changes since the last report • 1.1 jointly and Image Copyright Levies’ and updates the ‘International supplements Survey of Text This report in particular: and IFRRO in May 2014. It includes, published by WIPO 1. 8 International Survey on Text and Image Copyright Levies 2015 Edition Devices andmediacapableofcopyingTIworksonly in section 2,table5(Seealsodigestthechart the TIlevyatanygiventimehavevariedconsiderablyfrom countrytocountry. Thecurrent positionissetout be subjecttoleviesundernationaland/orEuropean legislation.Asaresult, thedevicesandmediasubjectto number oflegaldisputesbothinnationalandEuropean courtsastowhichdevicesandmediashould orcan media orsources, andeitheraloneorinconjunctionwithotherdevicesmedia.Thishasledto alarge hardexternal disks, tablets, etc.) that are capable of such copying, either on or from analogue or digital Today there are manydevices(multifunctionalreproduction devices,printers,scanners,faxes,USBsticks, and importersofdevicesstoragemediathatcanbeusedforcopying. The onlypracticalwayofcollectingtheremuneration involved,therefore, isto dosoviathemanufacturers • • either directly orviatheirmemberorganizations.Therationaleforthelevysystemisasfollows: bytheend-user.it isultimatelyborne TheCMOsdistributetheremuneration collectedtotherightholders, or importersofdevicesmediaplacedonthenationalmarket,andpasseddownchainsupplysothat make such copies, paid to a CMO on their behalf. The levy is paid in the first instance by the manufacturers compensation or remuneration in theformof a feeorlevy on devices or mediawhich are or can beused to protected workswithouttheauthorizationofrightholders,holdersshouldreceive fair The centralideaofthelevysystemisthat,where nationallawpermitscopiestobemadefrom copyright where anexceptionorlimitationtotheexclusiverightofreproduction existsinnationallegislation. for the right holders (authors and/or publishers) for copying from their copyright protected works, in cases As set out in more detail in the previous report, TI levies are a means of securing compensation or remuneration 1.3.1 1.3 1 Copy paper machines function) MF (multi- Printers Scanners Fax machines Copiers A/AV= audioand/oraudio-visual TI =textandimage No info=informationnotavailable NA =notapplicable (D)= tariff disputed D =disputed NS =notspecifiedinlaw NCI= levyinlawbutnotcurrently implemented NYI= levyinlawbutnotyetimplemented Note onabbreviations usedinFigures right holdersshouldreceive equitableremuneration. However, suchexceptionshaveanegativeeffect onthecommercial exploitationofworks,forwhichthe without unacceptableintrusionintothatsphere and, secondly, becauseitisnotpossibletoenforce thereproduction rightintheprivatesphere, atleast Certain exceptionstothereproduction rightmaybejustified,firstly, becausetheyserveasocialneed Equipment Levies Levies Equipment Features ofText andImageLevies Ghana (NYI),Greece,Poland,Romania Poland, Romania,Slovakia,Slovenia Austria, Belgium, Burkina Faso, Croatia, Czech Republic, Germany, Ghana (NYI), Greece, Hungary, Lithuania, Slovenia Austria, BurkinaFaso,CzechRepublic,Germany, Ghana(NYI),Hungary, Poland,Romania,Slovakia(D), Slovakia, Slovenia Austria, Belgium,BurkinaFaso,Cameroon,Croatia,Germany, Ghana(NYI),Greece,Poland,Romania, Austria, Belgium,BurkinaFaso,Cameroon,Croatia,Germany, Ghana(NYI),Poland,Slovakia,Slovenia Hungary, Lithuania,Poland,Portugal(NCI),Romania,Slovakia,Slovenia Austria, Belgium,BurkinaFaso,Cameroon,Croatia,CzechRepublic,Germany, Ghana(NYI),Greece, 1 below). International Survey on Text and 9 Image Copyright Levies 2015 Edition Algeria, Austria, Belgium, Bosnia Herzegovina (NYI), Burkina Faso, Cameroon, (NYI), Burkina Faso, Cameroon, Algeria, Austria, Belgium, Bosnia Herzegovina (NYI), Ecuador (NYI), France, Croatia, Czech Republic, Dominican Republic Kosovo (NYI), Lithuania, Luxembourg Ghana (NYI), Greece, Hungary, Germany, (NYI), Paraguay (NYI), Poland, (NYI), Moldova (NYI), Montenegro (NYI), Nigeria (NYI) Turkey Portugal, Romania, Serbia (NYI), Slovakia, Slovenia, France, Germany, Belgium (NYI), Czech Republic, Dominican Republic, Ghana, Kosovo (NYI), Lithuania, Luxembourg (NS), Netherlands (NYI), Nigeria, Portugal, Slovakia Paraguay, Bosnia Herzegovina, Greece, Luxembourg (NS), Nigeria, Poland, Romania, Serbia Ghana, Belgium (NYI), Czech Republic, Dominican Republic, France, Germany, Slovakia, Lithuania, Luxembourg (NS), Netherlands (NYI), Nigeria, Paraguay, Turkey Austria, Belgium, Bosnia Herzegovina(NYI), Burkina Faso, Croatia, Czech Kosovo (NYI), Lithuania, Luxembourg (NS), Hungary, Republic, Germany, Moldova (NYI), Montenegro (NYI), Poland, Portugal, Serbia (NYI), Slovakia, Slovenia Operator fees, like equipment levies, vary considerably. The operator fee is a flat fee or a fee vary considerably. Operator fees, like equipment levies, 2 Operator fees This can also be referred to as an operator levy, as in the 2014 report, but the expression ‘operator fee’ is considered preferable, preferable, ‘operator fee’ is considered but the expression report, as in the 2014 to as an operator levy, This can also be referred the fact that the payment is a periodical fee and to avoid confusion with the equipment levy. both to reflect Levy on TI devices Levy on A/AV + TI devices with TI share Levy on A/AV Levy on TI media + TI media with TI share Levy on A/AV Operator fee Countries with TI levies Table 1 shows that, of the 17 countries with operational levy schemes, 11 have an operator fee as well as an 1 shows that, of the 17 countries with Table See also the digest in the chart below. equipment levy. With operator fees there are variations as to which operators should pay the fee. For example, while the variations as to which operators With are operator fees there and public administration, the Belgian operator fee includes these German operator fee excludes business is confined to copy shops. sectors, while the Polish operator fee proportional to the number of copies made, paid to RROs by ‘large-scale users’ of copying devices. In many devices. copying users’ of by ‘large-scale RROs paid to made, of copies the number to proportional the ‘site license’ of voluntary licensing schemes. ways the operator fee resembles 2 Table 8 shows that, in those 11 countries, the application of the operator fee varies considerably, from copy from 8 shows that, in those 11 countries, the application of the operator fee varies considerably, Table Republic. See also the digest in shops only in Poland to a wide range of locations in Belgium and the Czech the chart below. A third area of variation between TI levy schemes is that often the equipment levy is supplemented by an by supplemented is levy equipment the often that is schemes levy TI between variation of area third A operator fee. 1.3.2 When TI levies were first introduced they were confined to devices such as photocopiers, since there was since there to devices such as photocopiers, confined they were first introduced When TI levies were Over the course of in the audio-visual sphere. equivalent to the video or audio cassette no storage medium of media (CD, can be copied on various types has changed and today text and images time, this situation internaldrives, smartphones, etc.) as can sticks, memory cards, or external tablets, USB hard DVD, blue ray, but here as media, well as to devices applying levies in TI resulted has works. This audio-visual audio and known as TI levy on devices was historically The country to country. variation from is considerable again there and media. on both devices TI levies be used to denote will that term in this report levy’ and the ‘equipment At the same time, the tariff on each type of device or support varies from country to country (See table 10). (See table 10). country to country from or support varies each type of device on time, the tariff At the same for except only slight changes in the remainder, 2012, with unchanged from are tariffs In most cases, the June 2015 (Section 3.1.14). set in were new tariffs comprehensive Portugal, where 10 International Survey on Text and Image Copyright Levies 2015 Edition Locations coveredbyoperatorfee There are no TIlevyschemes America North TI leviescurrently existin16EUMember Statesoutofatotal28,andfivenon-EUstates. Europe 1.5 neither theynorthepublisherscanacceptanyresponsibility orliabilityforanymistakesinaccuracies. caretoensure theaccuracyofdatacontainedinit, While thecompilersofthisreporthavetakenevery legislation, regulations anddecrees levies. concerning We are indebtedtoIFRROmembersincountrieswith levyschemesfortheirassistanceinidentifyingthelatest copyright authorityofthecountryconcerned. In somecases,unofficialtranslationshavebeenused, whileinothersthetranslationoriginatesfrom the included inthetext.Mostofthesetranslationsoriginatefrom laws. theWIPOcollectionofinternational In manyofthecountryreports, Englishtranslationsofextractsfrom laws,decrees andregulations havebeen Secretariat. Mr KurtVan Damme,theDeputyManagingDirector ofREPROBEL,Belgium,aswellfrom theIFRRO the invaluableassistanceofareference group consistingofDrRobertStaats,jointCEOVGWORT, and consultant, MrPaulGreenwood, affairs inGermany, formerlytheinternational managerofVGWORT with The datafrom IFRROmembersandothersources hasbeencollectedandcompiledbyanindependent website, www.ifrro.org annual Members’Directory andtheinformationaboutIFRROmembersmadeavailableonorganization’s the administrationofTIlevies.Somethisdatahasbeenmadepublicallyavailable,forexamplethrough the IFRRO has for many years regularly collected data from its members about all aspects of their work, including This secondreport onTIlevieshasthesamescopeandmethodologyasfirst report. 1.4 levies are provided forinthecountry’s legislationbut thesystemhasnotyetbeenimplemented. Table 1insectiontwoshowsthetypeofleviesappliedallcountrieswithTIlevies,includingwhere such and 11). tariff structure and thetariffs thatapplytothesametypesofdeviceormedia,operators(Seetables10 exceptions are linkedtothe levies, andwhetheror not there isasupplementary operator fee,but also inthe TI levysystemsvarybycountry, notonlyastowhichdevicesandmediaare subjecttothelevy, which 1.3.3 Libraries Businesses administration Public institutions Higher education Schools Copy shops Tariffs Tariffs Overview bycontinent Methodology andScope Austria, Belgium,CzechRepublic,Germany, Hungary, Lithuania,Portugal,Slovakia,Slovenia Belgium, CzechRepublic,Lithuania Belgium, CzechRepublic, Austria, Belgium,CzechRepublic,Germany, Hungary, Lithuania,Portugal(soldcopies),Slovakia Austria, Belgium,CzechRepublic,Germany, Hungary, Lithuania,Portugal(soldcopies),Slovakia Slovakia, Slovenia Austria, Belgium,Croatia,CzechRepublic,Germany, Greece,Hungary, Lithuania,Poland,Portugal, International Survey on Text and Image Copyright Levies 2015 Edition11 (C 521/11, 11/7/2013): general private copying levy is in is levy copying private general 11/7/2013): 521/11, (C EU Developments Concerning Text and Image Levy Systems and Image Levy EU Developments Concerning Text (C 467/08, 21/10/2010): assessment of fair compensation (article 5.2.b); professional use; professional 5.2.b); (article compensation fair of assessment 21/10/2010): 467/08, (C Padawan harm as an autonomous concept under EU law; potential harm, Opus/de Thuiskopie: ‘Opus’ (462/09, 16/6/2011): collection of fair compensation (5.2.b); cross-border effective, that compensation schemes are sales/ online vendors: obligation on member states to ensure VG on a chain of (C 457/11 to C-460/11, 27/6/2013): scope of article 5.2.a; fair compensation WORT or implied consent to copying, devices (printers, PCs etc); right to compensation independent of express Austra-Mechana/Amazon: ‘Amazon’ accordance with EU law given an effective and non-onerous system of reimbursement; legitimacy of use system of reimbursement; and non-onerous with EU law given an effective accordance compensation of the author; in cross-border of fair compensation for social and cultural purposes/indirect in the exporting state sales the levy is still payable in the importing state even if a levy was paid an illegal source ACI Adam (C-435/12, 10/4/2014): no fair compensation is payable on copies from Copydan Bandkopi v Nokia: ‘Copydan’ (C-463/12): levies can be applied a) on multi-function media even though copying is not the main function of the device/ in mobile phones, such as memory cards for business purposes and the mobile phone in question may be used exclusively media b) even where against payment of a license fee. the right holders have authorized the copying, including c) where an illegal source d) no fair compensation is payable for copying from However, • • • • The opposition of manufacturers and importers to the European levies has resulted in a great deal of litigation in a great resulted levies has and importers to the European The opposition of manufacturers national of the relevant years. Not only have many cases been taken to all levels concerning levies in recent at stake), but in some cases, the issues of principle as being courts (because both parties have regarded of the Copyright Directive, specific issues, usually concerning the interpretation national courts have referred Union (CJEU). This has clarified and confirmed the interpretation to the Court of Justice of the European concerning on some key issues either in the TI field or with levies. Recent landmark rulings, of the directive include: impact thereon, • • 1.6 outside the EU, the EU is both the cradle and the heartland of TI levy Although TI levies do exist in countries by etc. – adopted regulations with legislative instruments-directives, systems. EU member states must comply concerning copyright directive overarching no was There Ministers. of Council and Parliament European the TI on directly impacts Directive Copyright The Directive’). ‘Copyright – the 2001/29 EC (Directive 2001 until and making available, exceptions to the exclusive rights of reproduction the levy systems, since it prescribes to adopt in their national legislation. This includes exceptions if they so choose, which member states may, that if also provides Directive right, and these exceptions underpin levies. The Copyright the reproduction for ‘fair compensation’ for the right holders. they must also provide member states adopt certain exceptions, have been on TI levies is given in the next section. There Directive An analysis of the impact of the Copyright concerning levies since the 2014 report. Commission directly the European or initiatives from no new reports Asia and Australasia in Korea. is proposed noted, a TI levy scheme As previously TI levy schemes exist in Algeria, Burkina Faso, Cameroon, Ghana and Nigeria. They are currently only currently are Ghana and Nigeria. They in Algeria, Burkina Faso, Cameroon, TI levy schemes exist and Ghana. Faso, Cameroon operational in Burkina Africa There are no changes since the last report. TI levy schemes exist in Paraguay, Ecuador and the Dominican Ecuador and TI levy schemes exist in Paraguay, changes since the last report. no are There passed in for them was legislation providing not yet operational. The copyright they are Republic, although respectively. 1998, 1999 and 2000 South America and the Caribbean 12 International Survey on Text and Image Copyright Levies 2015 Edition 3. 2. 1. The conclusionsofthecourtwithrespect tothesequestionswere asfollows: 4. 3. 2. 1. • The mostimportantrecent judgementoftheCJEUwasin: fair compensation whichalsocoversthe copyingofsheetmusic,and preclude such legislationwhich as thatatissueinthemain proceedings, whichintroduces anundifferentiated systemforrecovering Article compensation ofwhichthey havebeendeprived. publishers beingundernoobligation toensure thattheauthorsbenefit, evenindirectly, from someofthe the faircompensationpayable torightholdersthepublishersofworkscreated byauthors,those issue inthemainproceedings, whichauthorizestheMember Stateinquestiontoallocateapartof Article 5(2)(a) and5(2)(b)ofDirective 2001/29preclude nationallegislation, suchasthatat are neitherdirectly norindirectly commercial. having similareffects iscarriedoutbyanyuseroranatural personforprivateuseandendsthat a similarmediumeffected bytheuseofanykindphotographic techniqueorbysomeotherprocess those provisions, it is necessary to draw a distinction according to whether the reproduction on paper or society mustbeinterpreted asmeaningthat,withregard to the phrase‘faircompensation’containedin of 22 May2001ontheharmonizationcertainaspectscopyright andrelated rightsintheinformation Article 5(2)(a) and5(2)(b)ofDirective 2001/29/ECoftheEuropean ParliamentandoftheCouncil in partthecopyingofsheetmusicandcounterfeitreproductions? in theformofalump-sumandanamountforeachcopymade,which,implicitlybutindisputably, covers States tointroduce anundifferentiated systemforrecovering thefaircompensationduetorightholders Must Article 5(2)(a)and5(2)(b)ofDirective 2001/29beinterpreted asauthorizingtheMember indirectly, from someofthecompensationwhichtheyhavebeendeprived? authors, thepublishersbeingundernoobligationwhatsoevertoensure thattheauthorsbenefit, even States toallocatehalfofthefaircompensationduerightholderspublishersworkscreated by Must Article 5(2)(a)and5(2)(b)ofDirective 2001/29beinterpreted asauthorizingtheMember be regarded asfairandthatabalanceismaintainedbetweenthepersonsconcerned? States mustapplyinorder toensure that,inaccordance withEuropean Unionlaw, thecompensationmay If thereply tothisquestionisinthenegative,whatare therelevant andconsistentcriteriathattheMember (b) (a) States tofixthefaircompensationpayablerightholdersinformof: Must Article 5(2)(a)and5(2)(b)ofDirective 2001/29beinterpreted asauthorizingtheMember based? commercial? Iftheanswerisinaffirmative,onwhatcriteriamustthatdifference ofinterpretation be out byanyuseroranaturalpersonforprivateuseandendsthatare neitherdirectly norindirectly the useofanykindphotographictechniqueorbysomeotherprocess havingsimilareffects iscarried interpreted differently dependingonwhetherthereproduction onpaperorasimilarmediumeffected by Must theterm“faircompensation”containedinArticle 5(2)(a)and Court ofAppeal.Thequestionswere asfollows): Reprobel v. HP‘Reprobel’ (C-572/13):here fourquestionswere referred totheCJEUbyBrussels consideration orfree ofcharge,makeareproduction deviceavailabletoothers? making copiesofworksor, asthecasemay be,inlieuofthosepersons,bywho,for cooperated inthecollectionofthatremuneration, whichispayablebynaturalorlegalpersons of copiesproduced, whichvariesdependingonwhetherornotthepersonliableforpaymenthas proportional remuneration, determinedsolelybymeansofaunitpricemultipliedthenumber any harmsuffered byrightholders;and copier iscapableofproducing anumberofcopiesperminute,withoutbeingotherwiselinkedto national territory, theamountofwhichiscalculatedsolelybyreference tothespeedatwhich enabling protected workstobecopied,atthetimewhensuchdevicesare putintocirculation on lump-sum remuneration paidbythemanufacturer, importerorintra-Communityacquirer ofdevices 5(2)(a) and Article 5(2)(b) of Directive 2001/29 preclude, in principle, national legislation, such 5(2)(b) ofDirective 2001/29be International Survey on Text and Image Copyright Levies 2015 Edition13 5(2)(b) of Directive 2001/29 preclude national legislation, such as that at issue in issue at that as such legislation, national preclude 2001/29 Directive of 5(2)(b) 5(2)(a) and Article and 5(2)(a) the lump-sum remuneration paid in advance is calculated solely by reference to the speed at which in advance is calculated solely by reference paid the lump-sum remuneration copies; the device concerned is capable of producing to whether or not the person varies according after the fact recovered remuneration the proportional of that remuneration; the recovery liable for payment has cooperated in does not include mechanisms, in particular for reimbursement, the combined system, taken as a whole, and the criterion of the criterion of actual harm suffered which allow the complementary application categories of users. of different respect of harm established as a lump sum in Legal Background for Text and Image Levies for Text Legal Background − − − 5.2.a permits exceptions or limitations ‘in respect of reproductions on paper or any similar medium, of reproductions 5.2.a permits exceptions or limitations ‘in respect similar having process by some other or technique any kind of photographic by the use of effected fair compensation’ receive that the right holders provided effects… on any medium made by a natural of reproductions 5.2.b permits exceptions or limitations ‘in respect on condition that commercial, nor indirectly neither directly person for private use and for ends which are fair compensation’ the right holders receive introduces an undifferentiated system for recovering fair compensation which also covers counterfeit also covers counterfeit which fair compensation system for recovering undifferentiated an introduces unlawful sources. from made reproductions Article ( whether state funding as an alternative to a levy can provide fair 2014 ( whether state funding as an alternative to a levy can provide ‘EGEDA’ Vegap/Egeda/Dama: Directive) with the Copyright in accordance remuneration − − − the main proceedings, which introduces a system that combines, in order to finance the fair compensation to finance the that combines, in order a system which introduces the main proceedings, remuneration paid prior lump-sum first, namely, two forms of remuneration, payable to right holders, of devices or intra-Community acquirer importer operation by the manufacturer, to the reproduction on national put into circulation such devices are works to be copied, at the time when enabling protected operation and determined paid after that reproduction remuneration and, second, proportional territory, the which is payable by the number of copies produced, of a unit price multiplied by by means solely as: who make those copies, in so far natural or legal persons 5.2.b is known as the private copying exception and underpins the European private copying levies for audio 5.2.b is known as the private copying exception and underpins the European copying of text and image works, and audio-visual works. However some argue that it can also cover private on paper (‘on any medium’), although this is in an end product the said copying results even in cases where • and the technique (any kind of (a copy on paper or similar medium) 5.2.a focuses on the end product end any to applies 5.2.b whereas effects), similar having process other some or technique photographic for what purpose. 5.2.a says nothing and technique, but focuses on who is doing the copying and product the copying should be. Thus it is not the exception or what the purpose of about who can benefit from for example, to ‘own use’, or internal copying within companies, to natural persons and can apply, restricted state bodies or institutions, libraries, or educational/scientific use. • As described in more detail in the first report, two articles of the EU Copyright Directive either relate (5.2.a) either report, two articles of the EU Copyright Directive detail in the first As described in more (5.2.b) to TI levies: or can relate 1.7 4. • detail in the will briefly summarize these rulings and pending issues in more this report appropriate, Where concern mentioned above, only VG WORTLiability section. Note that, of the cases and REPROBEL directly concern article 5.2.b. directly The rest article 5.2.a of the Directive. Finally, the following case is pending before the CJEU at the date of publication:. the CJEU case is pending before the following Finally, The judgement was delivered as this survey was being finalized. Further analysis and comment will be included as this survey was being finalized. Further analysis The judgement was delivered in the next survey. In relation to conclusion 3 above it should be noted that the CJEU did not touch upon the issue of the to conclusion 3 above it should be noted that the CJEU did not In relation basis of national law. of publishers on the remuneration 14 International Survey on Text and Image Copyright Levies 2015 Edition Scope ofexceptionscoveredbythelevy also thedigestinchartbelow. Section 2, Table 2 summarizes the exceptions covered by levies in the various countries that use them. See Padawan andothercasesthatlevyschemesare alegitimatewayofdoingso. fair compensationistobeprovided, orwhattheexactlevelshouldbe,althoughCJEUhasconfirmed in and/or 5.2.bprovided therightholdersreceive ‘faircompensation’.TheDirective doesnotspecifyhowthat EU member states are therefore free under the 2001 Copyright Directive to introduce exceptions within 5.2.a relation tospecifictopicsinthesectiononliabilityissues. decisions in relation to TI levies in the last few years, but some of the most important cases are mentioned in As withitspredecessor, itisbeyondthescopeofthisreport togiveadetailedaccountofalltheCJEU 2. 1. Two factorshavecontributedtoadegreeEuropean oflegaluncertaintyconcerning levysystemssince2001: otherwise likeisnotbeingcompared withlike. medium, the type and extent of copying which the levy is supposed to cover has to be taken into account, copyingispaidforbythelevy.own useorinternal Becauseofthis,incomparingtariffs foragivendeviceor copyingand/orforeducationalpurposes.Thereown use/internal are alsovariationsinexactlywhat medium (article5.2.a),orboth.Otherschemes,forexampleinGermanyandBelgium,coverprivate schemes maybeconfinedtoprivatecopying,eitheronanymedium(article5.2.b),orpaperasimilar As previously explained,theexceptionstoreproduction rightlinkedtoTIleviesvaryconsiderably. Some contrast, onlyappliestocopyingtextandimageworks. inhisrecent Cruz-Villalon opinionontheReprobeldisputed byothers(e.g.Attorney-General case.).5.2.a,by 1. the practicalimplementation ofthesystem,whileabsencethesefactorsmay hinderitsdevelopment: Assuming thecopyrightlaw ofacountryprovides foraTIlevy, there are anumber offactorsthatcanassistin 1.8 Table 8summarizestheinstitutionsandbodiessubjecttooperator fee, where applicable. educational copying Levy covers copying Levy coversTIprivate internal copying Levy coversownuse/ issues are verymuchstillopen. the last few years and the position under European law is now much clearer, although several important were few decisions of the European court (CJEU) relating to them. This lack has been largely rectified in For alongtimetheexactinterpretation oftheDirective inrelation tolevysystemswasindoubt,as there scheme tobeinaccordance withtheDirective. Directive. Rather, theywere already inplacemostcases.Usually, eachcountrysimplyjudgeditsexisting The existinglevysystemswere notintroduced following,orasaresult of,thepassageofCopyright authorized. A suitableReproduction RightsOrganization orRROtoadministeritmustexist,and havebeen Levy coverage Practical ImplementationofText andImageLevies Austria, Belgium,BurkinaFaso,Germany, Montenegro(NYI),Nigeria(NYI, NS) Paraguay (NYI),Poland,Portugal,Romania,SerbiaSlovakia, Slovenia,Turkey Kosovo (NYI),Lithuania,Luxembourg(NYI),MoldovaMontenegro (NYI),Nigeria(NYI,NS), Republic, DominicanRepublic(NYI),EcuadorFrance,Germany, Ghana, Greece,Hungary, Algeria, Austria,Belgium,BosniaHerzegovina(NYI),BurkinaFaso, Cameroon, Croatia,Czech ns), Portugal,Slovakia,Slovenia Republic, DominicanRepublic(NYI,ns),Germany, Moldova(NYI),MontenegroNigeria(NYI, Austria, Belgium,BosniaHerzegovina(NYI),BurkinaFaso,Croatia(Natural personsonly),Czech TI levycountries International Survey on Text and Image Copyright Levies 2015 Edition15 Czech Republic, Greece, Hungary, Lithuania, Poland, Romania, Slovakia Lithuania, Czech Republic, Greece, Hungary, Poland, Portugal, Slovenia Belgium, Burkina Faso, Cameroon, Czech Republic, Ghana, Hungary, Austria, Croatia, Germany, France Tariff Setting Tariff Level of Tariffs How Tariffs Are Set The levy scheme should provide for fair compensation inter alia for the potential harm suffered by the potential harm suffered for fair compensation inter alia for The levy scheme should provide their copyright works. or from of the copying of rightholders as a result of copyright works within the Fair compensation should take into account the volume of reproductions national territory (assessed on the basis of a statistical survey). be based on the potential use Leviability of devices and media under an equipment levy scheme should thereof. for the equipment levy on the other hand should be based on the actual use of the type of device Tariffs or media to copy text and image works. In some countries, for example Germany, copyright law only states the general principles to determine copyright In some countries, for example Germany, was this 2015 Until apply. should tariff what so, if and, levy the to subject is medium or device a whether a set of detailed criteria as to the tariffs. in 2015 provides the case in Austria also, but new legislation established are and in some cases the tariffs, subject to the levy, In some countries, the devices and media with the underpinning copyright legislation again only stating by secondary legislation or regulation, some general principles. in the law for a levy system, but this has not yet been is provision there In most of the cases where setting out which devices and media are or decrees 1), the state regulations implemented (see Table apply have not yet been made. leviable and which tariffs specified are tariffs, the also sometimes and levy, the to subject media and devices the countries, some In it is more danger of delay, avoids the While this approach copyright law (e.g. in Greece). in the country’s result for the first time, as a new levies on devices or media appearing on the market difficult to introduce countries set in the various are how tariffs 9 in section 2 sets out Table process. legislative of the lengthy also the digest in the chart below. with functioning TI levy schemes. See Where there is a RRO duly authorized to collect the levy, both the devices or media subject to the levy, levy, the to subject media or devices the both levy, the collect to authorized duly RRO a is there Where ways in which collections can begin. The different must be established before to be applied, and the tariff is discussed in the next section. this can be achieved market of data as to the entry into the national the levy must be able to obtain The RRO administering The extent to the entities liable to pay the levy. to enable it to identify and invoice devices and media, for this varies. sufficient provision provide which national laws Tariffs set by law Tariffs set by regulation or Tariffs decree set by negotiation/ Tariffs courts set by tribunal/ Tariffs commission 2. 3. 4. 1. 1.9.2 judgements: other recent The following principles have been endorsed by the CJEU in Padawan and 1. 2. 3. 4. How equipment levy tariffs are set The way in which tariffs can be established varies between the following approaches: The way in which tariffs 1.9.1 report. details, please see the 2014 For more below. summarized setting are The main points as to tariff 1.9 3. 2. 16 International Survey on Text and Image Copyright Levies 2015 Edition 6. 5. to theoperatorfee. and fairremuneration havebeenanalyzedbytheCJEUmore inrelation totheequipmentlevythaninrelation Fair tariffs fortheoperatorfeeare basedonsimilarprinciplestothosefortheequipment levy, althoughtariffs sets outthecurrent tariffs fordifferent typesofdevice/mediainthevariouscountries. Section 2,Table 9summarizeshowlevytariffs are setinthecountrieswithoperationallevysystems.Table 10 speed basedtechnologyforanother).ThisisthecaseinbothAustriaandGermany, forexample. of tariff typeswhichcanbedifferent forspecificdeviceormediatypes(e.g.aflatlevyonetechnology, a A nationalequipmentlevycanbebasedonjustoneofthetypestariffs above,butcanalsobeacombination 4. 3. 2. 1. There are fourtypesoftariff fortheequipmentlevy(seeTable 10): 1.9.3 clear thatthis argument isspecious. copies. Otherwise the consumer would be paying twice for the same copies. However, the CJEU has made it argued therefore thattheresults ofstatisticalsurveys underpinning tariffs shouldtakeaccount oflicensed It seemsself-evidentthat,where copying is subjecttoanexisting license, a levyfeeshould not apply. Itis 1.10.1 and 1.10.7)are discussedforthefirsttime here. detail in the 2014 report, but the issues of copies from an illegal source and illegal copies (Sections 1.10.6 copying andTIlevies,butsometimesindifferent ways.Theissueslistedbelowwere discussedingreater A numberofissueshavefigured indebatesaboutlevies thelastfewyears.Mostaffect bothprivate 1.10 for tariff settingandthenegotiationofagreements, butalsoforthepurpose ofdistributiontorightholders. whole territoryortherelevant sectionthereof. SuchstatisticalsurveysintheTIfieldcanbeusednotonly newspapers, etc.)oronatitlespecificbasis(sample surveys) whichcanthenbeextrapolatedtocoverthe and recorded according toeithercategoriesofworks(non-fictionbooks,fictionscientificjournals, enterprises, statebodies,andmore. Reproductions onpaperfrom copyrightprotected sources are identified limited periodinvariouslocations,includingcopy-shops,libraries,schoolsandhighereducationinstitutions, These surveysmeasure whatisknownas‘objectivepossibilityofuse’.Copyingbehaviorobserved overa way tosetfairtariffs forboththeequipmentlevyandoperatorfeeisonbasisofempirical surveys. As notedinthelastsection,bothCJEUjudgementsandpracticalexperiencehaveconfirmedthatonly 1.9.4 All interested partiesshouldbeconsultedinthetariff-setting process. The onlywaytomeasure actualuseofdevicesandmediaisbyconductingstatisticalsurveys. levied inBurkinaFasoandprintersAustria. percentage oftheretail pricebutwithaminimumand/ormaximumamount).Forexample, alldevices but withapercentage oftheretail priceservingasacaponthelevy, ortheotherwayaround (i.e.a The tariff is a combination of the above, for instance a varying fee according to the speed or capacity Romania –alldeviceslevied. The tariff isapercentage oftheimport or retail price ofthedevice or medium. Forexample,Hungary and Republic –printers. example, Belgium–copiersandmultifunctionaldevices;AustriaGermanycopiers;orCzech The tariff isavaryingfeeaccording tothespeedorcapacityofdevices/mediasametype.For example, Slovenia–scannersorGermanyprinters. The tariff isaflat feeperunitfor alldevices/media ofthesame type(technology orfunction both).For Types of Tariff of Types The Issue of Double Payment Double of Issue The Surveys Statistical of Use Liability and Other Issues Concerning TextLiability andOtherIssuesConcerning andImageLevies International Survey on Text and Image Copyright Levies 2015 Edition17 Tariff Setting Process On Which Devices or Media can Levies Be Applied? Who is Liable to Pay the Equipment Levy? ‘Where the equipment at issue has been made available to private persons for private purposes it is unnecessary‘Where the equipment at issue has been made available to private persons for and have actually caused to show that they have in fact made private copies with the help of that equipment harm to the author of the protected work’ (C-467/08 at para. 54) The Copyright Directive requires all the circumstances of the case to be considered in relation to assessing fair to assessing fair in relation of the case to be considered all the circumstances requires The Copyright Directive as only one possible (albeit important) criterion. compensation, and harm is cited in the Copyright Directive in the Padawan harm, as explored is the issue of possible or potential harm and not actual In addition, there ruling of the CJEU: 1.10.4 parties, though in some levy of all affected setting is in the interest framework for tariff A good procedural Administration new a for underway is process consultation a Germany, In slow. be may procedure the countries In Belgium, setting process. the tariff to speed up and improve of Copyright Act, which may include provisions and importers have been disputed by (inkjet) manufacturers decree royal set in the 1997 reprography the tariffs to the questions preliminary has referred Brussels of appeal of the court Recently, of law. the courts before take years will proceedings These (see 1.6)). answers its given recently which has case, REPROBEL (in the CJEU by setting the date of aimed at both implementing the Copyright Directive decree, to conclude. A new royal has reprography, in the field of tariffs of the underpinning new legislation and setting new entry into force been on the table for several years. already In the COPYDAN case, the court held that a levy may be imposed on multi-functional media, such as mobile In the COPYDAN case, the court held a member such media. However, even if copying is not the main function or purpose of phone memory cards, that the harm to right holders caused the levy if it takes the view state may exclude media (or devices) from but left the minimal harm threshold, copying function is minimal. The CJEU did not define by the subordinate this for the member states. 1.10.3 however, machines. Today, the only copying when photocopiers were The answer to this question was obvious In the VG of making a digital or paper copy. involved in the process a chain of devices and/or media is often WORT it was legitimate to apply levies to all devices in the chain, judgement of 2013, the CJEU held that reproduction the amount fixed for a from paid is not ‘substantially different the total remuneration provided obtained by means of a single device’. Another issue which has arisen in recent years is the question of who should pay the equipment levy when years is the question of who should pay the equipment levy when Another issue which has arisen in recent ruling and The CJEU has held in the Opus retailers. to consumers by foreign sold, usually online, are products not the domestic consumer retailer, the levy is payable by the foreign other judgements that in this situation 3 schemes on pages 30–31). Section 2, Table (see also the discussion concerning and refund exemption with TI levies summarizes the position in the countries In countries with an equipment levy, liability to pay is imposed on either the manufacturer or the importer. or the importer. the manufacturer liability to pay is imposed on either equipment levy, In countries with an and Slovakia, this liability to pay extends beyond the manufacturer In some countries, for example Germany in enabling or fail to supply information. This is an important safeguard unknown or importer if they are primary liability to pay the equipment levy to switch the However, RROs to administer the levy effectively. as Mr Vitorino has suggested, would, in the view of RROs or importer to the retailer, the manufacturer from administrative costs. increase and would greatly administering levies, be impracticable, 1.10.2 This reasoning was confirmed by the COPYDAN ruling, which further provided that there is no obligation for obligation no is there that provided further which ruling, COPYDAN the by confirmed was reasoning This by an exception. fee for uses covered the user to pay a license In view of the VG WORT ruling, it is necessary to ask with each exception or limitation in national law, to what to what the VG WORTIn view of law, limitation in national each exception or to ask with ruling, it is necessary or by the existence of the exception untouched right has remained reproduction the exclusive extent, if any, or limitation; exception (1) the scope of the relevant should be analyzed on the basis of limitation. The latter that, in providing explicitly provision, override’ ‘contractual any of law, national under the existence, and (2) the exception or limitation. over may prevail for some usages, a contractual license some instances or 18 International Survey on Text and Image Copyright Levies 2015 Edition provide foradramaticincrease intheTIlevycollectionscompared withpastlevels. Moreover, theapplicationof Portuguese equipmentlevytodigitalaswellanaloguedevicesshould tariffs are supposed to be negotiated by reference to the complicated and confusing criteria in the new law. is set by law, with provision for any excess over the cap to be used for cultural purposes, whereas in Austria, However the situation in Portugal can be seen as different from that in Austria, in that the tariff per device Section 3.1.14). This results in a per capita figure of As previously mentioned,anoverallcap,of€15millionhasalsobeensetbynewlegislationinPortugal(see tariffs All inallitseemsdoubtfulwhetherthenewrulesfortariff settingwillreally facilitatethenegotiationoffair 5. 4. 3. 2. 1. be criticizedonanumberofgrounds: can onlybeusedtocopyaudioandAV worksmustnotexceed€29million net ofrefunds. Thisprovision can payments fortheTIlevy(equipmentandoperatorfee)togetherwithonstoragemediawhich impossible, toimplement.Thelegislationalsoprovides that,fortheperiod2016to2019,totalannual Thisseemsbotharbitraryanddifficult, ifnot ‘typical pricelevel’ofthestoragemediumordeviceconcerned. provide that the levy on storage media may not exceed 6%, and the device levy may not exceed 11%, of the of the CopyrightDirective as interpreted by the CJEU, but in some cases they go further. In particular, they The newdetailedcriteriafortariffs inAustria(seecountryreport) seemintendedtoreflect the principles of copiesmadeinthisway. therefore ariseswhether, inassessingtheamount offaircompensationtobepaid,accountshouldtaken from illegalsources (i.e.whatiscopiedhasbeenputthere withoutright holderauthorization).Thequestion It isundoubtedlytrue,asshown bysurveys,thatpartofthecopyingfrom protected worksiscarriedout 1.10.6 2. 1. However, thedecisionhasonlylimitedapplicationtoTIleviessince: be excluded,sincetheywere subjectto‘professional use’,notprivateuse. other legalpersonsandbynatural(suchasindependentworkers)forthanprivateuse,should decided that if the levy covers only A/AV private copying, then devices used by companies, organizations and The CJEUPadawanrulingdirectly (Spanish)audioandaudio-visualprivatecopyinglevies.It concerned 1.10.5 moreover, thetotalrefunded maynotbeknownuntillongaftertheendofyearcollection. refunded hasnothingtodowiththeamountoffaircompensationprimafacieduerightowners; The requirement thatrefunds mustbetakenintoaccountseemsillogical,astheamountsubsequently during thefollowingyear. Tariffs needtobesetin advance,whereas totalnetcollectionscanonlybeascertainedinarrears, normally be duetoanincrease insalesofdevicesand/ormedia,whichshouldbecompensated. period. Ifcollectionsare initiallywithinthelimit,butthenexceeditinfollowingyear(s),thiscanonly A limitof€29millionforeachfoursucceedingyearsleavesnoroom forincreased usageduringthat together seemstobearbitrary. The twoleviesare distinctandare administered bydifferent CMOs;themaximum of€29millionforboth supporting legaldocuments. The maximumamountof€29millionseemsarbitrary, andthere isnojustification fortheamountin copying (whetherpermittedbytheemployerornot). There isempiricalevidencethatemployees usedevicesintheirplaceofworkforprivateorpersonal private use. companies, statebodies,institutionsandorganizations, andcopyingbynaturalpersonsforotherthan Many TI levies, (as already noted in Table 2), expressly or own use copying within include internal Copies from an Illegal Source Illegal an from Copies Use Professional €1.44 compared with €2.93 for Austria (see table 16). International Survey on Text and Image Copyright Levies 2015 Edition19 The Cross-Border Issue: Refunds and Exemptions Illegal Copies Regardless of whether a levy has already been paid in the country from which the device or medium which the device or medium been paid in the country from already of whether a levy has Regardless levy in the country of import because the levy compensates harm has been imported, it is subject to the resides the end-user in the country where suffered where country the in criteria the of basis on the calculated be must compensation fair appropriate The the end-user resides the levy of the country of import should be paid in the first place by the transaction border In a cross for a levy to a refund seller is nevertheless entitled border not by the end-user The cross seller, foreign this possibility exists under the law of that country paid in the country of export if and when part of all levy schemes, as the EUCJ an important schemes are refund and non-burdensome Effective case. made clear in its judgement in the Amazon The new Austrian legislation includes detailed rules on repayment claims (see country report). The new Austrian legislation includes detailed rules on repayment The idea of a pan-European agency or organization that would both assist claims for a refund in the case of claims for a refund agency or organization that would both assist The idea of a pan-European transactions has also found favor on all sides. keep track of cross-border sales and help CMOs to cross-border and implemented, concept is explored of all concerned this It would appear to be in the interests to ensure and online transactions. volume of cross-border especially in view of the ever-increasing So that the RRO administering the levy in the country of the end-user can apply the levy to the online seller, it can apply the levy to the online seller, the levy in the country of the end-user So that the RRO administering This cannot, levy in the other country. refund of the is important that it should be notified of any claim for a so that the RRO administering the country of the online seller, is no levy in the there apply where however, where levy scheme. This is an area to administer the levy needs access to data about such sales in order The RROs. between co-operation developing in and laws national to relation in both needed, is improvement Equipment Levy Forum. within IFRRO’s by a task force being examined is currently problem The challenge of internet cross border sales is not so much to put refund schemes in place, since they refund sales is not so much to put The challenge of internet border cross of the country of the end-user is paid. that the levy exist in all the TI levy countries, as to ensure already the notions of importer and import, may arise in such a case because under existing national laws Problems countries, as are ways in different defined in widely differing are (or intra-communal acquirer/acquirement) the specific situation existing laws may not envisage the notions of export and intra-communal sales. Further, online sales. of cross-border Note that the CJEU has not yet ruled on ex ante exemptions schemes, unlike reimbursement schemes. reimbursement Note that the CJEU has not yet ruled on ex ante exemptions schemes, unlike • • • • placed on the national market (i.e. are imported, but not subject to the equipment levy are products Where the levy by in question from products it is possible to exempt the ‘in transit’), and subsequently re-exported, for this. provides means of an ‘ex ante’ exemption scheme. The legislation in some countries The CJEU has determined these issues in the Opus/de Thuiskopie and Amazon cases: The CJEU has determined these issues 1.10.8 on which the equipment levy has been paid is exported? This can What happens when a device or medium sends it as part of a consignment to a or a distributor, an importer, occur when the original manufacturer, often resident or based abroad, placed by a customer fulfils an order or when a retailer distributor, foreign is exported or sold also has a levy scheme? to which the product online. What happens if the country It is also true that at least some copying is illegal in the sense that, although the source may be legal, the the source in the sense that, although illegal is that at least some copying true It is also fragment of a than a short example because more the scope of national exceptions, for copying is outside copying. The question illegal by such prejudiced are holders of the right The interests book has been copied. under a levy that fair compensation law to provide it is legitimate for national arises whether therefore under exceptions. illegal copies as well as copies produced scheme should cover 1.10.7 The CJEU has already addressed this issue in ACI Adam and COPYDAN. It has concluded that copies from an copies from concluded that COPYDAN. It has in ACI Adam and this issue addressed has already The CJEU by the levy. be covered must not illegal source 20 International Survey on Text and Image Copyright Levies 2015 Edition • • There are twoaspectstothequestionofvisibilitylevies: 1.10.9 2. 1. The levyremuneration maybedistributedinthree ways: relates tothaninthecaseofequipmentlevy remuneration. operatorfeeremuneration moreWith informationmaybeavailableastothecopyingremuneration the caseofoperatorfees,itmustrely onsurveystodistributetheremuneration. each ofthemillionsspecificdevicesormediasubject toequipmentlevies,andatbestonlypartialdatain Since,bydefinition,theRROhasnodataasto extent ornatureconcerned. ofcopyingcarriedoutwith those authors and publishers. They must carry out this task according to published rules which are fair to all remunerated bythelevies,and/ortoseethatthismoneyisusedforgeneralpurposesbenefit of least anannualbasis,totheauthorsandpublisherswhoseworkshavebeencopiedunderexceptions Their taskistoensure thatthisremuneration, afterthepaymentofadministrativefees,isdistributed,onat TI leviesresult ingloballumpsumsbeingpaidtoRROsorotherCMOsonbehalfofauthorsandpublishers. 1.11.1 1.11 referred totheCJEUinREPROBELcase(1.6). However, thisargumenthasrecently ariseninaratherdifferent guiseinthecontextofsecondquestion jurisprudence, whichnormallymakesitclearthatthetwoleviesare complementaryratherthanoverlapping. payment is involved. Such arguments are easily refuted by reference to the relevant copyright legislation and has arguedthatitisunfairtohavebothanequipmentandoperatorfeebecauseelementofdouble range of institutions and bodies covered by the operator fee is extensive. For many years the industry side for 9.48%of2014levycollections.Therelatively highpercentage inBelgiumispartlybecausethere the 46%, butinGermanyitisonlyabout4.9%,andPoland1%.Overall,theoperatorfeeaccounted example, inBelgium,theoperatorfeerepresents roughly 42%oftotalTIlevycollections,inHungaryitis As canbeseenfrom Table 16,therelative importanceofthetwotypesTIlevyvariesconsiderably. For 1.10.11 amounts are. trend. Pricesvaryfrom countrytoirrespective ofwhetherthere isalevysystem,orwhatthe However, surveysconductedbyIFRROandotherorganizationshaveconcludedthatthere isnodiscernible Manufacturers andimportershaveclaimedthatleviesincrease pricesandhaveanegativeimpactonsales. 1.10.10 consumer. Table 12showsthatthere isalegalrequirement todosoonlyinaminorityofcases. to the product, from the first offering on thenational marketonwards, culminating onthe invoice to the Secondly, itisalsoadvisablethattheamountoflevyshouldbeclearlystatedonanyinvoicesrelating regulations. Thepublicationoftariffs ontheirwebsiteisstandard practiceforRROs. is fortheinformationtobeavailableonwebsiteofRROand/orinunderpinninglegislationor the levyapplicabletodifferent productTheobviouswaytoachievethis typesinthecountryconcerned. Firstly, itisimportantthatthoseliabletopayalevyshouldbeablegetinformationastheamountof than byreference tospecifictitles,for examplebylevelofpublisher turnover. On anon-title specific basis, where remuneration withineachcategoryof work isallocated inotherways published workstotheRRO, orbydatabases,acombinationofthetwo. Market availabilitymaybe established byareporting system,where rightholdersreport theirrecently market’ intheperiodtowhich thedistributionrelates. result of either the identificationof the workby sample surveys,orits identification as‘available on the On atitle-specificbasis.Thisinvolvestheallocationof remuneration tospecificworks.Thiscanbethe Visibility of the Levy the of Visibility General Principles Principles General A FewAspectsofDistribution Relationship between the Operator Fee and the Device/Equipment Levy Device/Equipment the and Fee Operator the between Relationship Media and Devices of Sales and Prices on Impact International Survey on Text and Image Copyright Levies 2015 Edition21 How the levy is utilized The Author-Publisher Split Determination of Distribution Schemes Responsibility for Distribution Between CMOs The remuneration may be used for general purposes. This is often mandatory by law (see the discussion law (see the discussion often mandatory by purposes. This is used for general may be The remuneration deductions below). of social and cultural 1.11.4 organizations representative via or directly, either publishers, and authors to distributes RRO the cases, most In necessary to determine It is therefore usually members of the RRO. (trade organizations or CMOs) which are to publishers. This is known as the belongs to authors, and how much how much of the levy remuneration this is one of the first by law, split is not pre-determined the author-publisher split. Where author-publisher splits for a uniform split, or for different The plan may provide questions the distribution plan must address. 1.11.3 of the RRO, usually subject to In most countries the distribution scheme is determined by the membership or the Germany Office in Trademark Patent and as the such body a supervisory by, or review of, approval of the distribution plan elements Unit for collecting societies in Belgium. In some countries, however, Control assigned royalties are that half of the requires regulation. For example, in Belgium, the law fixed by law or are 13 in section 2. to authors and half to publishers. An overview is given in Table The figure illustrates, in schematized form, typical patterns of distribution of levy remuneration by RROs form, typical patterns illustrates, in schematized of distribution of levy The figure Figure 1: Most RROs administering TI levy remuneration are doing so on behalf of both authors and publishers of text doing so on behalf of are Most RROs administering TI levy remuneration authors, or only publishers. only they represent works. In some case, however, Levies on devices or media that can only copy text or image works are normally collected by RROs. The RRO normally collected by RROs. works are media that can only copy text or image Levies on devices or pass but may distribution, stages of or all aspects for responsible be not however, may, the levy collects that organization, to another RRO, other CMO or right-holder of the levy in each sector share on an agreed can which or media devices on levies However, sector. in that publishers or authors/and the represents which of the levy TI share collected by another CMO. The usually and TI works, are copy both audio/audio-visual distributing remuneration therefore, TI sector are, on to an RRO. Some RROs in the is, or should be, passed distributing albeit via its member CMOs), some are in Belgium, collected (e.g. Reprobel which they originally distributing RROs or other CMOs (e.g. VG Bild-Kunst in Germany), some are passed on by other remuneration VG WORT (e.g. in Germany). both sources from remuneration 1.11.2 3. 22 International Survey on Text and Image Copyright Levies 2015 Edition Table 13shows the current position on theauthor-publisher split in countrieswithoperationallevy schemes. favor ofauthorsinothercases.) for different a50:50splitappliestoscientificworks,70:30in typesofwork(forexampleinVGWORT not justtoitsadministrationofTIlevies. It shouldbenotedthatthecostsrelate inmostcasestotheoveralladministrationcarriedoutbyRROand administering TIleviesin2014are setoutinTable 15. by law, asinPoland,where thelimitis20%,andBelgium,where itis15%.TheadministrativefeesofRROs set feeaccording tolaw, asforexample inRomania.Themaximumadministrativefeemayalsobeprescribed according inGermany, toadministrativecostsintheyearquestion,asforexamplewithVGWORT orbea Administrative fees vary from RRO to RRO and from year to year. They may be set by the RRO annually, 1.11.5 4. 3. 2. 1. principles apply: German AdministrationofCopyrightAct,orinthestatutes oftheRROs,orboth.Thefollowingverygeneral distribution of TI levy collections. These rules may follow explicit provisions ion national law, for example the It would be outside the scope of this report to detail the distribution rules of RROs responsible for the regulation hasprovisions toensure thatthisisthecase. and publishersshouldhaveanequalopportunitytoberepresented byit.Typically, nationallegislationor levy remunerationandthatallnationalauthors shouldbepublicallyknownwithinthecountryconcerned, foreign RROs.Astonationalnon-members,itisimportantthatthefactRROdistributing surveys, marketavailabilityorotherobjectivedata,anddistributedthrough bilateralagreements with holders. Theshare ofthelevyremuneration attributabletoforeign workscan bedeterminedbystatistical therefore address theissueofnationalnon-members(sometimesreferred toasoutsiders)andforeign right notonlytoworkswrittenorpublishedbymembersoftheRRO.Therulesmust within thecountryconcerned, The distributionrulesofeachRROmustallowforthefactthatlevycollectionsrelate toallworkscopied 1.11.7 right holdersbenefitfrom thesocialandculturalfundsonafairnon-discriminatorybasis. involved theprivatecopyinglevy, theCJEU approved asocialandculturaldeductionof50%,provided the the figure ismuchlower. Nevertheless,itshouldbenotedthatintheAmazonvAustro-Mechanacase,which The maximumlevelofsocialandculturaldeductionsintheTIsectorisnormally10%mostsub-sectors to sector, bodiesofthe society(seesection2,Table asdeterminedbythegoverning 15). cap ontheallocationforthispurpose)althoughamountdeductedmayvaryfrom yeartoand sector areworks. TheRROsconcerned usuallyobligedorauthorizedbylawtomakesuchdeductions(oftenwitha case ofneed,orculturalpurposes,suchashelpingtofundeventsthepublicationmeritorious be usedforsocialfunds,whichexampleprovide pensionsorotherfinancialassistancetoright holders in In some countries with TI levies, remuneration is allocated to social and/or cultural purposes. The money may 1.11.6 members oftheRRO. Insofar astherulesare notdeterminedbynationallawtheyshouldbedemocratically determinedbythe The rulesshouldbeinaccordance withtherequirements of national law Distribution shouldbebasedonobjectiveandnon-discriminatory parameters Distribution shouldbeinaccordance withclear, publishedrules Deduction of Administrative Fees Administrative of Deduction Outsiders and Foreign Right Holders Right Foreign and Outsiders Deductions Cultural and Social International Survey on Text and Image Copyright Levies 2015 Edition23 Collection in m€ from top collectors (>€1m Equipment and >€0.6m Operator) Trends Trends , worldwide collections can be expected to increase as the number of operational as the number of operational to increase , worldwide collections can be expected trends revenue A steady increase in the number of countries worldwide that have adopted TI levy schemes. As previously As previously adopted TI levy schemes. worldwide that have the number of countries in increase A steady 30 countries with TI levies. now are noted there copy could photocopiers only where situation a from change, technological to adapted have systems Levy of digital devices using a wide range can be effected copying to a situation where text and image works, and media. for the use for the right-holders remuneration levy systems as a means of securing The legitimacy of Copyright by the 2001 has been strengthened exceptions in the copyright law of their works under ed clarifi have also decisions These CJEU decisions. Court by European and its interpretation Directive, of levy systems, although some fundamental issues still need to be many issues in the detailed operation decided. twenty years or comes in the long delays in some countries between over the past A less positive trend and the schemes becoming operational. of TI levies in legislation the provision Figure 2: Tables 17 and 18 show the countries with the highest equipment and operator fee collections between 2007 17 and 18 show the countries with Tables that can devices and media on those with an equipment levy all countries that these are and 2014. Note works, rather than audio-visual works, so that, for example, the French only be used to copy text and image fl uctuating within a range of about 4%. at, fl not included. The operator fee has been relatively collections are allowance for the distorted uctuation, even after making fl shown more The equipment levy collections have The latter case is connected for Germany in 2009 and 2007, and to some extent for 2013 and 2014. gures fi until 2007 as a of the dispute concerning law in force levies on scanners under the mainly with the resolution of the decision of the CJEU in the VG WORT case (see page 19 of the 2014 survey) and the subsequent result trend only a modest upward decision of the BGH in July 2014. After allowing for such anomalies as these, may be discerned. 1. 2. 3. 4. With here since the 2014 collections data from Cameroon and Burkina Faso gures are repeated Note: the 2012 fi is not yet available The trends reported in last year’s report continue: report in last year’s reported The trends 2012 likely to be low. in small or developing countries are the initial collections However, schemes increases. recently become operational (Burkina the schemes have ve countries where the fi TI levy collections from €338,000, or 0.24%, of the total Ghana and Lithuania) accounted for only about Croatia, Faso, Cameroon, €142 million. worldwide collections of approximately 1.12 24 International Survey on Text and Image Copyright Levies 2015 Edition it maynotbeinaccordance withtheEUCopyrightDirective (seecountryreports and1.10.4). both theTIlevyandA/AV copyinglevy. Thishasbeencriticizedasbotharbitraryandillogical. Moreover, A newtrend emergingin2015hasbeentheimposition,AustriaandPortugal,ofanoveralllimit or capon years (seeTables 6and7,section 2). 16) shouldbenoted.Thisisanarea where weexpecttoseethecoveragebeingextendedinnextfew levies, althoughthefigure of€22.39million(201212.5m)undertheFrench privatecopyingscheme(Table currently passed on in onlya few countries and thistrend has notyethad a majoreffect oncollections for TI the relevantuseaswellprivatecopying.However, exceptionsmayincludeownuse/internal aTIshare is copying of TIworksencompasses the production of apapercopyas well asadigital copy andb)thefact that allocated totheTIsector. Inallocatingafairpercentage regard shouldbehadfora)thefactthatprivate What isimportantaboutsuchleviesforthepurposesofthisreport isthepercentage ofremuneration works toStichtingLIRA(3.2.10). private copyinglevywillbecollectedbyStichtingThuiskopie,whichinthefuture passonashare forTI RRO may then receive a share relating to TI works from the collecting CMO. For example, the new Dutch collected bytheaudio-visualCMO,oranad-hocratherthanRROthatadministersTIlevies.This with effect from 1stDecember2013.Thetendencyhasbeenfortheleviesonsuchdevicesormediatobe extended toTIworks.Thatisthecase,forinstance,inBelgium,where theschemehasbeenbroadened devices andmediaare initiallycovered byanaudioandaudio-visualprivatecopyingscheme,whichisthen works, aswelltextandstillimages.However, normallyonlyonelevyisappliedtothedevice.Often,such Thirdly, inalotofcasesthenewtypescopyingdevice/mediaare capableofcopyingaudioandaudio-visual schemes are increasingly beingexpandedfrom coverageofdevicesonlytomedia(SeeTable 7). Secondly, more andmore storagemediaare capableofbeingusedtocopyTIworks,sothatexistinglevy on year. Firstly, thenumberofdifferent typesofdeviceormediumonwhichcopiescanbemadehasincreased year years: As tothecharacteristicsofTIlevysystems,three related trends havebeenevidentoverthepasttwenty national levels. reports levyreformand togetherwillhelpnegotiationsanddiscussions concerning bothattheinternational occur before alevysystemprovided forinlegislationbecomesoperational.Itishopedthatthefirstandsecond comparative analysisinthereport. Oneofthe mostimportantneedsistoreduce thelongdelaysthatcan As pointedoutinthe2014report, areas where there isaneedforimprovement canbeidentifiedfrom the section shouldbetakenintoaccount. a totalof€142for2012,althoughincomparingthetwofigures thedistortingfactorsmentionedinlast In 2014 administrative burden onusersorindustry. TI leviescangeneratesubstantialremuneration atlowcost,withoutimposinganunduefinancial or 1.13 Final Words €179 million was collected worldwide for authors and publishers from TI levies. This compares with International Survey on Text and Image Copyright Levies 2015 Edition25 Total collection Total Per Capita collection Per Capita Figure 4: Figure 3: 26 International Survey on Text and Image Copyright Levies 2015 Edition Table 1: 2. Belgium Austria Algeria (NYI) Bosnia Hercegovina Poland Paraguay (NYI) Nigeria (NYI) Netherlands (NYI) Montenegro (NYI) Moldova (NYI) Greece Ghana Germany France Ecuador (NYI) (NYI) Dominican Republic Czech Republic Croatia Cameroon Burkina Faso Romania Portugal Luxembourg (NYI) Lithuania Kosovo (NYI) Hungary Serbia (NYI) Turkey (NYI) Slovenia Slovakia TI levycountry COMPARATIVE TABLES Countries withTIlevies Levy onTIdevices NYI NS x x x x x x x x x x x x x x x x x x x x x x x x x x Levy on A/AV + TI devices withTI share NYI NS x x x x x x x x

x x x Levy onTI media NS x x x x x x TI mediawith Levy onA/AV + share NYI NS x x x x x x x x x x x Operator fee NS x x x x x x x x x x x x x x x x x International Survey on Text and Image Copyright Levies 2015 Edition27 x x x x X NS copying Levy covers educational Levy covers educational x x x x x x x x x x x x x x x x x x x x x x x x x x x x x NS copying Levy covers TI private Levy covers TI private x x x x x x x x x x x NS NS internal copying Levy covers own use/ Levy covers own use/ x (natural persons only) TI levy country Scope of exceptions covered by the levy covered Scope of exceptions Belgium Bosnia Hercegovina (NYI) Burkina Faso Cameroon Croatia Czech Republic Dominican Republic (NYI) Ghana Greece Hungary Kosovo (NYI) Lithuania Luxembourg (NYI) Moldova (NYI) Montenegro (NYI) Netherlands (NYI) Nigeria (NYI) Algeria Austria Ecuador (NYI) France Germany Paraguay (NYI) Poland Portugal Romania Serbia (NYI) Slovakia Slovenia (NYI) Turkey Table 2: Table 28 International Survey on Text and Image Copyright Levies 2015 Edition Table 3: Germany France Czech Republic Croatia Cameroon Burkina Faso Belgium Austria Lithuania Hungary Greece Ghana Slovakia Romania Portugal Poland Slovenia operational levysystem) TI levycountry(with Liability topaydevice/mediumlevy Device/ mediumlevypayableby x (A/AV+TI devices/mediaonly) manufacturers orimporters x x x x x x x x x x x x x x x x …by wholesalers x x x …by retailers x x International Survey on Text and Image Copyright Levies 2015 Edition29 x x x x x x x Both? x x x x x x x x x x x x x x x x Refund scheme? x x x x x x x x x x NA scheme? Exemption CMO (s) administering TI levy CMO (s) administering Literar-Mechana Reprobel BBDA SOCILADRA DHK (authors) ZANA (publishers) Dilia CFC (press) Sofia (text) Sorimage (images) SEAM (song books) VG WORT (text) VG Bild-Kunst (images) CopyGhana OSDEL HARR LATGA-A KOPIPOL (authors) COPYRIGHT POLSKA (publishers) AGECOP CopyRo PERGAM LITA SAZOR Exemption and refund schemes (re device or media levies) (re device or media and refund schemes Exemption TI levy country (with operational levy system) Austria Belgium Burkina Faso Cameroon Croatia Czech Republic France Germany Ghana Greece Hungary Lithuania Poland Portugal Romania Slovakia Slovenia Table 4: Table 30 International Survey on Text and Image Copyright Levies 2015 Edition Table 5: Table 6: Slovenia Slovakia Romania Portugal Poland Lithuania Hungary Greece Ghana Germany France Czech Republic Croatia Cameroon Burkina Faso Slovenia Slovakia Romania Portugal Poland Lithuania Hungary Greece Belgium Austria Ghana Germany France Czech Republic Croatia Cameroon Burkina Faso Belgium Austria (with functional operational levysystem) TI levycountry levy system) TI levycountry(with Devices andmediacapableofcopyingTIworksonly Devices subjecttobothTIandA/AV privatecopyinglevies NA x(100) All NA All NA All NA x (2.66) All NA x(0) x x All NA All NA All NA NYI All NA PC x (NCI) x (2.652) x(2.66) x (9 x(d) x (7.2) x x Copiers Burner NYI CD x x x x x x x x x x x x x x x x (NCI) x (2.652) X(2.66) x 9) x(d) x (7.2) x x Burner DVD Fax machines NYI x x x x x x x x x x (NCI) x (2.652) x(d) x (7.2) x x (Percentage oftotallevyforTIcopyinginbracketswheredetermined) Blue ray device Scanners NYI x x x x x x x x x x x x x (NCI) NYI x(2.66)

x 9) x(d) x (7.2) Mobile phone Printers x (NCI) NYI x (2.66) x 9) x(d) x (7.2) x NYI phone/I x x x x x x x x x x phone Smart MF (multi-function) NA NYI X(2.66) NYI x (7.2) x x Tablet machines NYI x x x x x x x x x x x x x x NA NYI x(2.66) x E readers x (NCI) NYI x(2.66) x 9) x (d) x (7.2) x x paper Copy player MP3/4 NYI x x x International Survey on Text and Image Copyright Levies 2015 Edition31 card Memory x x(5) Covers x (26.66) x (d) X(9) x (2.66) x(2.652) x (NCI) libraries x x x x x x x X (sold copies) x Blu-ray disc x x(10) x (0) x(d) x (2.66) x(2.652) x(NCI) Covers businesses x x x DVD X x(10) x (2) x(d) X(9) x (0) x(2.652) x (NCI) Covers public administration x x Percentage of total levy for TI levy where determined Percentage of total levy CD/CD Rom x x(3) x (1.75) x(d) X (9) x (0) x(2.652) x (NCI) education institutions Covers higher x x x x x x x (sold copies) x (sold copies) USB x x(5) x (19.0) x(d) X (9) x(2.66) x (2.652) x (NCI) Covers schools x x x x x x x (sold copies) x (sold copies) Hard disc All NA x All NA All NA All NA x(10) x (13.6) x (d) x (9) All NA All NA x (2.66) All NA All NA NYI x (NCI) copy shops Covers x x NA NA x x NA x NA NA x x x x NA x x fee) Locations covered by operator fee Media subject to both audio/audio-visual private copying levies and TI levies copying levies and private to both audio/audio-visual Media subject TI levy country (with operational levy system) TI levy country (with operational operator Austria Austria Belgium Belgium Burkina Faso Cameroon Croatia Czech Republic Burkina Faso Cameroon Croatia Czech Republic France France Germany Germany Ghana Greece Hungary Ghana Lithuania Greece Hungary Lithuania Poland Portugal Poland Portugal Romania Slovakia Romania Slovakia Slovenia Slovenia Table 8: Table Table 7: Table 32 International Survey on Text and Image Copyright Levies 2015 Edition Table 9: Slovenia Slovakia Romania Portugal Poland Lithuania Hungary Greece Ghana Germany France Czech Republic Croatia Cameroon Burkina Faso Belgium Austria TI levycountry(with operational levy system) How equipmentlevytariffsareset Tariffs setbylaw x x x x x x x regulation ordecree Tariffs setby x x x x x x x x x negotiation/courts Tariffs setby x x x Tariffs setbytribunal/ commission x International Survey on Text and

Image Copyright Levies 2015 Edition33

to 3%) 3%) to

(color 0.9 to 1%) 1%) to 0.9 (color

on speed (color 2.7 2.7 (color speed on

On speed On price, depending depending price,

N/A 0.6 to 0.7% SP, dep. dep. SP, 0.7% to 0.6 N/A N/A N/A N/A N/A 1.8 to 2.0 % sales sales % 2.0 to 1.8 Lithuania

N/A price import 2% price import 2% price import 2% N/A N/A N/A price import 2% Hungary

import import price

4% of of 4% price import 4% N/A N/A 4% import import 4% price import 4% N/A price import 4% Greece

N/A N/A N/A N/A N/A N/A N/A N/A Ghana

Laser – as copiers as – Laser

speed

N/A Inkjet 15 Inkjet 12.5 5.0 12.5 4.09 5–10.00 25–87.5 dep. on on dep. 25–87.5 Germany

N/A N/A N/A N/A N/A N/A N/A N/A France

on import price import on

N/A copiers As 4.33–243.68 1.62–32.49 N/A N/A N/A 4.33–487.36.36 dep. dep. 4.33–487.36.36 Republic Czech

As copiers As copiers As copiers As copiers As copiers As copiers As price import 0.84% Croatia

N/A N/A N/A N/A N/A copiers as copiers as price sales 5% Cameroon

copy or scan or copy

Higher of function function of Higher

or speed based speed or

N/A As copiers As copiers As copiers As copiers As copiers As 0.25% import price price import 0.25% Faso Burkina

cap

sales price price sales cap cap

with 2% 2% with 2% sales price price sales 2%

dep. on dpi dpi on dep. dep. on dpi with with dpi on dep. dep. on speed on dep.

7.35–100.31 2.01–10.04 5.01–1839.43

NYI NYI As copiers As N/A As copiers As Belgium

No coop. as ink jet. jet. ink as coop. No coop.) coop.)

dep. on speed (no (no speed on dep. if bw or color or bw if bw or color or bw

(coop.)

EUR 7.00 to 123.76 123.76 to 7.00 EUR and cooperation and cooperation and and cooperation cooperation and if if and cooperation

and coop. and

Min E2.50 max. 105 max. E2.50 Min dep. on speed speed on dep. dep. on speed, speed, on dep. dep.on speed, speed, dep.on

copy/scan/fax (coop.) dep on speed speed on dep

N/A Higher of function function of Higher 5.38% sales price price sales 5.38% 5.98% sales price price sales 5.98% 12.84–620.45 12.84–620.45 4.88–626.25 6.76–47.73 Austria 13.13–1312.52

system)

operational levy levy operational scanner laser

TI levy country (with (with country levy TI copiers fax Hand scanner Hand Auto/Flatbed Auto/Flatbed Printer-ink jet Printer-ink Printer- MF machine MF paper

10: Table Tariff summary for devices and media subject only to TI levies (not audio and AV private copying levies). All figures in Euros in figures All levies). copying private AV and audio (not levies TI to only subject media and devices for summary Tariff 34 International Survey on Text and Image Copyright Levies 2015 Edition

Table 10: Tariff summary for devices and media subject only to TI levies (not audio and AV private copying levies). All figures in Euros (continued)

Poland 3% sales price 1–2% sales price 2% sales price 3% sales 1.5% sales price 1.5% sales price 2.8–3% sales price 1.25% price sales price Portugal 5 per unit N/A? 2 per unit 2 per unit 2.5 per unit 7.5 per unit 5 per unit (ink jet) As copiers 10 or 20 dep. On speed (laser) Romania 0.5% import price N/A As copiers As copiers As copiers As copiers As copiers 0.1% import price Slovakia 3% of import or As copiers As copiers As copiers As copiers As copiers As copiers N/A sales price Slovenia EUR 2.09 to EUR As copiers EUR 2.09 EUR 2.09 As copiers As copiers As copiers N/A 29.21 dep. on speed International Survey on Text and Image Copyright Levies 2015 Edition35 Summary of operator fee tariff (EUR) Summary of operator Contract tariff: per year 20.87–199.64 per copier Further education 407.93 Libraries: 182.23 tariff: Standard cooperation libraries) 0.0151 (educational sector, 0.0201 in other cases (color double) Higher non-cooperation tariff NA NA NYI 3.5 per copier per month .00151 (libraries, museums, educational institutions) .0201 (others) (color double) NA Copyshops: 88 to institution 160 according to proximity to higher education Retail shops etc. 41.50 Public libraries 183 per machine Higher education 405 p.m. Schools: negotiated with state governments Further education: lump sum contracts NA NA Monthly per device: Copy shops 6.50–39.70 Retail shops 2.90–29.70 Higher education 26.50 Libraries and public institutions 3.90–12.00 Others: 2.60–9.70 8 to 115 per copier depending on capacity TI levy RRO(s) administering Literar-Mechana Reprobel BBDA SOCILADRA DHK (authors) ZANA (publishers) Dilia CFC SEAM (press works only) VG WORT (text) VG Bild-Kunst (images) CopyGhana OSDEL HARR LATGA-A Operator fee Tariffs Operator fee TI levy country (with operational levy system) Austria Belgium Burkina Faso Cameroon Croatia Czech Republic France Germany Ghana Greece Hungary Lithuania Table 11: Table 36 International Survey on Text and Image Copyright Levies 2015 Edition Table 12: Table 11: Poland Slovenia Slovakia Romania Portugal Slovenia Slovakia Romania Portugal Poland Lithuania Hungary Greece Ghana Germany France Czech Republic Croatia Cameroon Burkina Faso Belgium Austria TI levycountry(withoperational Visibility oftheequipmentlevy Operator feeTariffs (continued) system) SAZOR LITA PERGAM CopyRo AGECOP (publishers) POLSKA KSIAZKA KOPIPOL (authors) no no no NA no onlyfromfirstseller no yes no yes (onlyb2blevel) yes no no no yes (toenduser) yes (toretailer) no Legal obligationtoshowlevyon EUR 0.004percopy 3% ofincomefromcopyingservices NA 3% ofsalespricecopies + 75%3%turnover 26–75% 1.5%turnover To 25%1%ofturnover Depends on%ofcopyrightprotectedworks: Copy shopsonly: invoices no no yes NA no If firstsaletoenduser no yes no no yes sometimes no no yes sometimes no Levy shownoninvoicetoenduserin practice International Survey on Text and Image Copyright Levies 2015 Edition37 73:27 50:50 A-P split by RRO rules works, otherwise 50:50 70:30 for fiction and press 50:50 60:40 50:50 65:35 50:50 50:50 50:50 50:50 60:40 60:40 50:50 60:40 50:50 regulation To be decided To split by law or Author-publisher Author-publisher x x x state body? …subject to approval/review by x x x x x x x x x x x x x x x X RRO …by x x x x regulation Distribution scheme determined by law or determined by law or How distribution schemes are determined schemes are How distribution system) operational levy TI levy country (with Germany France Croatia Czech Republic Cameroon Slovakia Romania Slovenia Portugal Poland Lithuania Hungary Greece Ghana Burkina Faso Austria Belgium Table 13: Table 38 International Survey on Text and Image Copyright Levies 2015 Edition Table 14: Slovenia Romania Portugal Poland Slovakia Lithuania Hungary Greece Ghana Germany France Czech Republic Croatia Cameroon Burkina Faso Belgium Austria operational levysystem) TI levycountry(with Types ofdistributionschemes SAZOR PERGAM Copyro AGECOP POLSKA KSIAZKA KOPIPOL LITA LATGA-A HARR OSDEL CopyGhana VG Bild-Kunst VG WORT SEAM Sorimage CFC Sofia Dilia Zana SOCILADRA BBDA Reprobel Literar-Mechana CMO(s) administeringTI levy Distribution toright holders directly No info x x x x x x x x x x x x x x x Distribution rightholdersviaother CMO orrightholderorganization X (imageshare) x (imageshare) x x x x x x x x International Survey on Text and Image Copyright Levies 2015 Edition39 (%) Total Total deductions 12.1 13.99 35 N/A 30 10.83 36 34 6.66 Max 9.2 30 17 20 60 10 12.77 35.16 8 25 Social and cultural deductions 2014 (%) 5 0 10 33.3 N/A 0 0 25 (required by French law) 25 (required by French law) 0.26 (scientific works) Max. 4 0 0 0 25 (required by law) 0 0 20 (required by law) 0 0 0 2014 (%) Administrative charge Administrative charge 13.99 25 No info N/A 30 10.83 11 9 6.4 5.2 30 17 20 35 10 12.77 15.16 8 25 No info 7.1 TI levy CMO(s) administering CMO(s) administering Reprobel BBDA SOCILADRA DHK (authors) ZANA (publishers) Dilia CFC SOFIA VG WORT (text) VG Bild-Kunst (images) CopyGhana OSDEL HARR LATGA-A KOPIPOL (authors) POLSKA KSIAZKA (publishers) AGECOP OPERA SCRISA LITA SAZOR Literar-Mechana Administrative charges and social and cultural deductions as a percentage of domestic income of domestic as a percentage and cultural deductions charges and social Administrative TI levy country (with operational levy system) Belgium Burkina Faso Cameroon Croatia Czech Republic France Germany Ghana Greece Hungary Lithuania Poland Portugal Romania Slovakia Slovenia Austria Table 15: Table 40 International Survey on Text and Image Copyright Levies 2015 Edition Table 16: TOTAL Slovenia Slovakia Romania Portugal Poland Lithuania Hungary Greece Ghana Germany France Czech Republic Croatia Cameroon Burkina Faso Belgium Austria country (with levy system) operational TI levy TI levycollections2014 SAZOR LITA (combined total) CopyRo/ PERGAM AGECOP (publishers) Copyright POLSKA KOPIPOL (authors) LATGA-A HARR OSDEL CopyGhana (images) VG Bild-Kunst VG WORT(text) and others Sorimage (images) works) SOFIA(literary (press worksonly) CFC Dilia ZANA (publishers) DHK (authors) SOCILADRA BBDA REPROBEL Literar-Mechana administering TI RRO(s) levy 0.146 162.17 1.00 0.244 0 2.21 2.09 0.035 0.585 0.83 0.467 31.95 77.43 10.30 10.75 1.34 0.939 2012 0.096 NYI 2013 0.12 2012 0.04 13.50 8.10 levy collectionsper CMO (€million) Device/medium 0.018 17.01 0.03 N/A 0.0067 0.019 0.023 0.016 0.510 N/A N/A 1.21 4.61 N/A 0.108 2012 0.124 NYI N/A N/A 9.64 0.70 Operator fee collections (€million) per CMO 0.164 179.18 1.03 0.244 0.0067 4.35 0.052 1.095 0.83 0.467 115.20 22.39 1.047 0.220 0.12 0.04 23.14 8.80 per country collections (€million) Total levy 2.062 5.418 19.910 10.397 37.995 2.929 9.861 26.442 24.66 80.889 66.201 10.510 4.236 22.818 17.419 11.225 8.534 Source: World Population millions) (approx. (2014) Bank 0.08 0.19 0.012 0.002 0.11 0.02 0.11 0.03 0.02 1.42 0.34 0.10 0.05 0.005 0.002 2.06 1.03 collections Per capita (€) International Survey on Text and Image Copyright Levies 2015 Edition41 0.94 8.46 9.11 0.29 2007 1.04 18.80 7.30 2007 62.94 0.482 0.458 11.18 29.96 12.52 €1 million 0.87 5.12 0.27 2008 17.15 10.89 2.01 7.56 2008 0.520 0.481 16.89 60.42 14.14 102.02 2.57 7.56 0.94 5.28 0.27 2009 2009 0.401 0.364 13.42 16.80 10.31 95.73 497.19 377.15 0.45 1.99 9.18 2010 0.944 14.17 61.12 12.49 0.96 5.10 0.42 100.33 2010 17.17 10.23 2.88 8.16 2011 0.847 0.951 25.24 69.48 12.32 119.87 0.99 4.81 0.43 2011 16.56 10.33 7.56 2.35 2.50 2012 2.295 21.37 60.28 13.41 109.76 1.03 4.91 0.65 2012 16.97 10.38 2.34 2.19 3.40 7.84 2013 97.61 19.22 49.97 12.65 1.00 4.61 9.98 1.22 2013 16.81 2.19 2.09 0.83 8.10 2014 31.95 77.43 13.50 136.092 1.21 4.91 9.64 0.70 2014 16.46 RRO RRO VG Bild-Kunst VG WORT Reprobel Literar-Mechana Copyright Polska KOPIPOL OSDEL VG Bild-Kunst VG WORT Reprobel Literar-Mechana Operator fee historical analysis: eight year trends for RROs with collections over €0.6 million 2014 Operator fee historical analysis: eight Equipment levy collections historical analysis: 8 year trends: RROs with collections over with collections over year trends: RROs analysis: 8 levy collections historical Equipment Country TOTAL Poland Poland TOTAL Greece Germany Germany Germany Germany Belgium Belgium Austria Austria Table 18: Table Table 17: Table 2014 (figures in € million) 42 International Survey on Text and Image Copyright Levies 2015 Edition §42b §42: Copyright Law1936asamended(unofficialtranslation): Legal BasisforLevy 3.1.1 3.1 3. (5) (4) (2) (6) (5) (4) (3) (2) (1) Austria Countries WithOperationalText andImageLevySystems COUNTRY REPORTS Claims toremunerationunder paragraphs(1)and(2)canonlybeassertedviaacollecting society 3. 2. 1. In settingtheamountofremunerationfollowingfactors shallinparticularbetakenintoaccount: 2. 1. for ownuse,theauthorshallbeentitledtoequitableremuneration(reprographyremuneration), If fromthenatureofaworkitcanbeexpectedthatwillcopiedbyreprographicorsimilarprocess works whichbytheirnatureanddesignationareintendedforschoolorteachinguse. only iffornon-commercialpurposes.Thepermissiontocopyownschoolusedoesnotapply applies tosheetmusic.Howeverthismaybeeffectedonmediaotherthanspecifiedinparagraph(1) teaching orstudyinaspecificschoolclasseducationalevent(copyingforownuse);thisalso Schools anduniversitiesmaymakedistributeasmanycopiesneededforthepurposeof may notbemadeavailabletothepublic. of thecopyshallnotconstitutecopyingforprivateorownuse.Copiesmadeuse Subject to(6)and(7)below, copyinginordertomaketheworkavailablepublicwithaid if itisforprivateuseandneitherdirectlynorindirectlycommercialpurposes Any naturalpersonmaymakesinglecopiesofaworkonmediaotherthanspecifiedinparagraph(1) insofar asthisconcernsanalogueuse. Anyone maymakesinglecopiesfortheirownuseinthecontextofreportingeventsday research purposes,aslongthisisjustifiedfornon-commercialpurposes Anyone maymakesinglecopiesonothermediathanspecifiedinparagraph(1)forownuse Anyone maymakesinglecopiesonpaperorasimilarmediumfortheirownuse. operator fee type ofestablishment,thelocationdeviceandits normaluse,isprobable,incaseofthe The typeandextent of use the copyingdevice which from the circumstances, in particular the The capacityofthedeviceincaseequipment levy The playingtimeinthecaseofblanktapelevy machines areavailableagainstpayment(operatorfee) further educationalinstitutions,research institutions, public libraries or in locations where copying if acopyingdeviceisoperatedinschools,universities, vocationaltraininginstitutionsorother in thedomesticmarket(equipmentlevy)and if adevicewhichbyitsnatureisdesignedtomakecopiesbroughtintocommercialcirculation International Survey on Text and Image Copyright Levies 2015 Edition43 Comparable tariffs and volume in member states of the European Union or the European Union or the European and volume in member states of the European Comparable tariffs Economic Area the work exploitation of on the normal effect the copying, its Harm to the right holders caused by of the right holders and the legitimate interests taking into and to those liable to pay the remuneration, The advantage to the person who copies including the turnover devices of the sector affected, from account the economic development and storage media for own or private use used on average to copy The extent to which storage media and devices are of technical protection and the total volume of such uses, taking account also of the application to the copying subject to the payment of remuneration measures the performance to use, especially The characteristics of the storage media and devices relevant of media of devices and the storage capacity and reusability dealers and importers of devices and storage of the manufacturers, The economic interests prejudiced media, which may not be unreasonably and the typical price level of the between the remuneration relation An economically reasonable may not exceed 6%, and devices and storage media, in that the storage media remuneration use of a device or 11% of this price level: insofar an almost exclusive the device remuneration empirical evidence, this limit by with paragraph 1 or 2 is proved storage medium in accordance may be exceeded the type and extent of use of the copying device, which In the case of the operator remuneration, location of the device and the especially the type of operator, in the circumstances, is probable the normal usage The previously comparable tariffs and total volume of remuneration so as to avoid unreasonable so as to avoid unreasonable and total volume of remuneration comparable tariffs The previously changes Whosoever first puts the storage medium or copying device on to the commercial market whether or copying device on to the commercial Whosoever first puts the storage medium the storage medium or copying device for whosever offers within or outside the country; from though not the first to do so, shall be liable as a guarantor and basis, even sale on a commercial six months obtains storage media with a capacity of not debtor; however a person who within business in the sense of UStG 1994 shall be exempt from than 10,000 hours or is a small more if the defendant is not domiciled for legal purposes in Austria, the storage media remuneration; the courts of the first jurisdiction. Vienna district shall have to persons who use a storage medium to copy with the consent of the right holders; prima facie consent of the right holders; prima a storage medium to copy with the to persons who use evidence shall suffice. to persons who export storage media or copying devices prior to the sale to the end-user; storage media or copying devices to persons who export 2. 3. 4. 5. 6. 7. 8. 9. In calculating the remuneration the following circumstances in particular shall be taken into account: following circumstances the In calculating the remuneration 1. The following persons are liable to pay the remuneration: are The following persons 1. 2. (The collecting society shall refund the equitable remuneration: refund the equitable society shall (The collecting 1. (4) (3) (6) Copyright Law §42b: Copyright Law §42b: Additions to Existing Legislation: In Force 1 October 2015: 44 International Survey on Text and Image Copyright Levies 2015 Edition Advisory Board for Device and Storage Media Remuneration Media Storage and Device for Board Advisory 2006 Law Societies Collecting the 18a of (1) Amendment remuneration mustnotexceed€29millionbefore deductionofrefunds. §116 (11) Fortheyears2016to2019yearlyincomefrom storagemediumremuneration andreprography of Amendment Devices Copying and Media Storage of Circulation into Bringing the 90a (1) Report to Duty (2) (1) (9) (8) (7) (6) (2) Thespecificationsfor, and results of,theempiricalsurveysshallbemadepublic. (2) Chamber ofLabor)mustbegiventheopportunitytoexpress itsposition. a generalagreement. Before the publication ofatariff theBundesarbeitskammer(AustrianFederal theamountofremunerationnegotiate withuserorganizationsconcerning andtheconclusionof the actualuseofdevicesorstoragemediathrough empiricalinvestigations,andonthatbasis Before settingnewtariffs fordevices andstoragemediathecollectingsocietiesshallascertain information ontheirwebsite. for thestoragemediumandreprography remuneration; thesupervisoryauthorityshallpublishthis body. Thecollectingsocietiesshallnominatetotheirsupervisoryauthorityacommonoffice after theendofeachcalendarmonthtypeandnumberitemstoacommoncollecting (1), beobligedtoinformthebodyspecifiedin§42bwritingbyendoffifteenthday in Austriaorabroad shall,withoutprejudice tothedutysupplyinformationunder87aparagraph Whoever firstbringsintocommercial circulation storagemediaorcopyingdevicesfrom alocation incorrectly, doubleremuneration canbeclaimedastotheremuneration affected. If thepersonresponsible doesnotfulfilhisobligationto report orperformsitonlypartiallyotherwise and tofacilitatetheconclusion orrenegotiation ofgeneral agreements. storage media,totakeaccount ofnewdevicesorstoragemediaachangeinconsumer behavior, The taskoftheadvisoryboard shallbetoobserveandevaluatethemarket forcopyingdevicesand §42b UrhG. An advisory board shall be established to advise on thedeviceandstorage media remuneration under or device specified inparagraphs(1)and(2)must refer tothe remuneration applyingtothesaidstoragemedia thesaleorotherwiseputtingintocirculationInvoices concerning ofthestoragemediaordevices to payremuneration, whichiseffective andnotundulycomplicated makingrepaymentthe averageuserconcerning claimsandclaimingexemptionfrom theobligation The collectingsocietymustoffer onitswebsitesimple,understandableandpracticalinformationfor a third party proves thatthestoragemediaare usedforcopyingownorprivateuseneitherbyhimselfnor Claims toremuneration underparagraph(1)shallnotapplyifthepersonliabletopayremuneration The factsonwhichtherepayment claimisbasedmustbesatisfactorilyproved. 2. 1. (The collectingsocietymustrepay paidremuneration: remuneration butwhodoesnotuseit,orpermitittobeused,forcopyingownprivateuse. to thefinaluserwhopurchased thestoragemediumatapricewhichincludespaid selling it, to personswhoexportthestoragemediumorcopyingdevicefinaluserabroad before International Survey on Text and Image Copyright Levies 2015 Edition45 Media which can only be used to copy TI works Media which can only be used to copy No Media which can be used to copy both audio/audio-visual and TI works No Devices which can only copy TI works MF machines Copiers, fax machines, scanners, printers, and TI works Devices which can copy both audio/audio-visual No Private and own/internal use The advisory board shall consist of representatives of both the societies collecting the remuneration remuneration collecting the of both the societies of representatives shall consist board The advisory and the user organizations. fulfilling its in support the advisory board for collecting societies shall The supervisory authority on its website. the advisory board on the activities of publish an annual report obligations. It shall detailed regulations. for Justice may make more The Federal Minister Apart from the requirement to take into account capacity in the case of the equipment levy, and type take into account capacity in the case of the equipment levy, to the requirement Apart from fee (see A 42b.4 above), by of establishment, location and normal use in the case of the operator negotiation. How set? Manufacturers and importers Manufacturers Who is liable to pay the levy? Yes: copy shops, schools, universities, higher education institutions, public libraries Yes: Operator fee? (a) (b) On media? Which? (a) (b) Levy on devices? Which? • What copying is covered? What copying is covered? (4) (5) (3) • Tariffs • • • • • Scope of Levy Represents: 17.638 authors, 350 publishers of text works 17.638 authors, 350 Represents: Text: Literar-Mechana Linke Wienzeile 18 Vienna 1060 www.literar.atwww.literar.at RRO(s) Administering RRO(s) Administering Levy 46 International Survey on Text and Image Copyright Levies 2015 Edition Copiers: • Handheld scanner Fax machines: Fax machineswhereprintingisbasedontoner Fax machineswithcapabilityofmultiplecopies Color Fax machineswithscannerport Simple faxmachines Black &White Non-cooperative debtor Cooperative debtor Tariffs perdevice(EUR): Debtor type Type Type Speed (pagesperminute) Speed (Scanperminute) 40–69 40–69 20–39 10–19 13–35 36–70 1–39 1–12 >69 >69 1–9 >70

Cooperative debtor Cooperative debtor Resolution (dpi) 600–1199 600–1199 600–1199 200–599 200–599 200–599 >1199 >1199 >1199 442.71 192.99 113.50 442.71 192.99 113.50 30.40 13.62 39.69 13.13 ----- 6.76

Tariff (EUR) Tariff (EUR) Non-cooperative debtor Non-cooperative debtor Tariff (EUR) 620.45 143.19 178.98 262.52 310.24 107.38 214.78 1312.52 26.25 35.79 47.73 596.62 357.96 656.26 298.31 178.98 4.80 47.73 ------23.87 11.95 59.66 23.87 International Survey on Text and Image Copyright Levies 2015 Edition47 72.24 12.84 26.25 47.73 35.79 402.54 139.36 620.45 310.24 262.52 214.78 178.98 143.19 107.38 Tariff (EUR) Tariff Tariff (EUR) Tariff Tariff (EURO) Tariff Cooperative debtor

>1199 >1199 >1199 200–599 200–599 200–599 600–1199 600–1199 600–1199 Resolution (dpi) 5.98% of selling price 5.38% of selling price minimum : €2.50 maximum : €105,00 7.07 12.38 21.21 61.88 14.14 24.76 42.42 123.76 >70 >70 1–12 1–12 36–70 13–35 36–70 13–35 Speed (Scan per minute) Speed (Pages per minute) 0–12 13–35 36–70 >70 0–12 13–35 36–70 >70 minimum : 8.84% of selling price maximum: €185,63 Type Type Debtor type Cooperative Debtor Ink-jet printers and ink-jet MFD Laser printers All Types Black & White Color All Types Non-cooperative debtor In the above ‘cooperative debtor’ means a debtor (manufacturer or importer) who has concluded an agreement or importer) who has concluded an agreement In the above ‘cooperative debtor’ means a debtor (manufacturer Chamber Austrian the and LM between agreements general of conditions the on based Literar-Mechana with of Commerce. and Laser printers apply for Ink-jet printers tariffs Non cooperative debtors: Printers: The same tariffs as on automatic scanners are applicable as on automatic scanners are The same tariffs Flatbed scanners: Flatbed scanners: Automatic scanner: Automatic 48 International Survey on Text and Image Copyright Levies 2015 Edition • Collections • • • above) Higher amountoffunctioncopy/scan/faxwithanexceptionforcoop.debtorsonlyinkjetdevices(see MF devices: • • • • 2009 2010 2011 2012 2013 2014 Total levycollectionsforlastsixyears€million): on invoices Under the new §42b (9) of the Copyright Act (see above) there is now an obligation to mention the levy ofthelevy Visibility schools: €407.93/publiclibraries:182.23 70) colororB/W, location(copyshops,smallbusiness,others)andproximity tohighschool.Others: Contract tariffs (percopier):From €20.87upto199.64percopieraccording toppm(1more than Operator feetariff(s) N/A Tariffs permedium 2009: 2010: 2011: 2012: 2013 2014 Total device/mediacollectionsforlastsixyears(€million): 2009: 2010: 2011: 2012: 2013 2014 Total Operatorfeecollectionsforlastsixyears €0.28 millionwasrefunded, approx. 3%ofcollections. See§42b.6.1. by Literar-Mechana tothelastentityinsupplychainhaveeffectively paidthelevy. In2014approx. If devicesormediaonwhich thelevyhasbeenpaidare re-exported toanotherstate,thelevyisrefunded Summary ofexemption/refund scheme them Data isobtainedundercontractswithmanufacturers andimporters and/ortradebodiesrepresenting How doestheRROgetdatatochargelevies? 7.83 9.60 8.59 8.21 9.06 8.80 7.56 9.18 8.16 7.56 7.84 8.10 0.27 0.42 0.43 0.65 1.22 0.7 International Survey on Text and Image Copyright Levies 2015 Edition49 2016. As a result, the 1994 Act is currently (summer 2015) still in force currently 2016. As a result, the 1994 Act is st Belgium not before January 1 not before January 2014: 5% Social and cultural deductions 2014: 7.1% Administrative deductions By the rules of Literar-Mechana How is the distribution scheme determined – legal basis? How is the distribution The visual image share, as determined by agreement on the basis of surveys, is passed to Bildrecht, passed to Bildrecht, on the basis of surveys, is as determined by agreement share, The visual image is share text in 2014. The remaining was 11.98% distribution. This share for further www.bildrecht.at, of works, to categories publishers, according Mechana to individual authors and distributed by Literar category remuneration within each Entitlement to revealed by statistical surveys. use as actual reflecting published works. by members of their recently reporting of works is based on Summary of distribution scheme regarding levies scheme regarding Summary of distribution (*) Reprobel members are Belgian CMOs representing right holders of reprographic & PLR rights for text and visual works. right holders of reprographic Belgian CMOs representing are members (*) Reprobel and VEWA. SOFAM Authors’ CMOs: ASSUCOPIE, deAuteurs, JAM/SAJ, SABAM, SACD, SCAM, the entire Copyright Act 1994 has been incorporated in the new Code of Economic Law Important note: the entire Copyright Act 1994 has been Act pertaining to reprography (art. 22, §1, 4° and 4°bis – exception for (CEL), Chapter XI. The articles of said 1° and 2° – exception for databases; and art. 59–61 – compensation/ text and visual works; art. 22bis, §1, 5° and 6°, art. XI.191, §1, 1° and 2 and XI.235–239 CEL, art. XI.190, levy scheme) will become, respectively, but Private copying: Code of Economic Law (2014), Chapter XI and RD of 18 October 2013 extending the private Private copying: Code of Economic Law copying scheme to text and image works. Reprography: Copyright Act (1994) as implemented by the Royal Decree (RD) of 30 October 1997 (RD) of 30 October as implemented by the Royal Decree Copyright Act (1994) Reprography: 3.1.2 Legal basis for levy Total Creators’ (authors and visual artists) Associations: 8 Creators’ Total Total Publishers’ Associations: 8 (*) Total Total number of Member Associations: 15 Total Members: Members: Reprography: Reprography: bcvba Reprobel de Meeûs 23/3 Square 1000 Brussels www.reprobel.be RRO(s) administering levy The articles of said Act pertaining to private copying (art. 22, §1, 5° and The articles of said Act pertaining in the field of reprography. rights; and art. 55–58 – 13° – exceptions for copyright; art. 46, 4° and 12° – exceptions for neighboring 7° and 9° and 17°; art. XI.217, art. XI.190, have already become, respectively, / levy scheme) compensation / levy schemes and tariffs) 16°; and art. XI.229–234 CEL. Both royal decrees mentioned above (compensation with EU to ensure compatibility copying decree are upcoming are still in place, though changes to the private use). law in view of recent CJEU rulings (i.e. exemption/reimbursement for professional • • • • Distribution 50 International Survey on Text and Image Copyright Levies 2015 Edition • • • • • at theearliest. royal decree has been under review for some years now. A new decree is expected by the summer of 2016 printers (equipment levy). Scannerswill normally leave the scheme,however. Thecurrent 1997reprography be in place. The compensation scheme will then alsocover both print-outs (operator fee) and stand-alone directive implementationlegislation(theCEL)comesintoforce andanewreprography tariff royal decree will paper support’willbecovered. Theexceptionshouldtherefore beextendedtoprint-outswhenthe2001/29 paper source’ are covered byreprography, whereas undertheupcomingCEL(seeabove)allcopies‘ona currently onlycoversphotocopies,notprint-outs.Underthestillexistinglegislation,copies‘from a independents &free professions), publicbodies,librariesandeducational/scientific research institutions,but The reprography exceptioncovers both privateuseandinternal/professional use withincompanies (including Scope oflevy administered byAUVIBEL(www.auvibel.be), thecentralcollectingsocietyforprivatecopyinginBelgium From December 1st 2013theremuneration forTIworksundertheextendedprivatecopyingscheme is remains correct). SABAM ismemberofboththePublishers’andAuthors’College(sothatfigure of15members SABAM. Publishers’ CMOs:COPIEBEL,COPIEPRESSE,REPROCOPY, REPROPP, REPROPRESS,SEMU,LIBRIUSand scheme, however, andappropriate legalactionhasbeentaken (pending). of sales by online vendors abroad. Some of these online vendors refuse to comply with the Belgian Wholesale distributorsand retailers butonlywhenactingasimportersor acquirers, forexampleincases Manufacturers, (professional andoccasional)importersorintra-communalacquirers. Who isliabletopaylevy? institutions, publicadministration,businessesandlibraries. to theactualvolumeofreproductions ofCW. Thefeecoverscopyshops,schools,higher education Yes, thoughtechnically speaking itismore ofanoperatorfee,thefee tobepaidbeingproportional Operator fee? (b) (a) On media?Which? (b) (a) Levy ondevices?Which? See above(photocopyingonlyatpresent). What copyingiscovered? among others, USB-sticks, external hardamong others,USB-sticks,external drivesandmemorycards). used tocopybothaudio/audio-visualandTIworks(Media subjectedtoprivatecopyinglevyinclude, As from 1 Media whichcanbeusedtocopybothaudio/audio-visualandTIworks No. Media whichcanonlybeusedtocopyTIworks latter are subjectedtoazero tariff. works from 1 smartphones)extendedtoTI Existing leviesonawiderangeofdevices(e.g.CDandDVDburners, Devices whichcancopybothaudio/audio-visualandTIworks scanners willnormallynolongerbesubjecttothelevy, whilststand-aloneprinters willbeincluded. Currently, mainlycopiers,MFmachines, faxmachinesandscanners.UndertheupcomingCEL, Devices whichcanonlycopyTIworks st December2013theprivatecopyinglevyappliestoawide rangeofmediawhichcanbe st December2013.Theseincludetabletsandpersonalcomputers,butatpresent the International Survey on Text and Image Copyright Levies 2015 Edition51 Obligation in law on manufacturers/importers/intra-communal requires to declare monthly AND to to declare requires on manufacturers/importers/intra-communal Obligation in law Reprobel from information request upon formal report from (upon formal information request to report for other distributors/retailers Obligation in law Reprobel) IDC) organizations (mainly research market Data obtained from but not very efficient in practice tax & customs authorities, obtained from Information can be Tariffs per device which can only copy TI works (EUR): per Tariffs The general principles are set out in the copyright law. The modalities and tariffs are set out in royal royal in out set are tariffs and modalities The law. copyright the in out set are principles general The and and private copying (legal license with an equipment levy This is true for both reprography decrees. private copying) legal license with an equipment levy for an operator fee for reprography; How set? Reprobel will refund the levy on production of appropriate documents such as invoices, proving both both such as invoices, proving documents of appropriate on production the levy will refund Reprobel The reimbursement of levies upon bringing to market thereof. of devices and initial payment re-export provide to order in improved be can scheme the However, efficient. be to considered generally is scheme amounts upon re-export. and reclaimed better matching of initial levy payments Summary of reimbursement/refund scheme Summary of reimbursement/refund • • • • How RRO obtains information to charge the levies obtains information How RRO 600–1199 DPI €10.04 > 89 cpm B&W + color€1,839.43 400–599 DPI €8.03 60–89 cpm B&W + color €811.02 300–399 DPI €6.02 40–59 cpm B&W + color €324.41 200–299 DPI €4.01 20–39 cpm B&W + color €195.65 < 200 DPI €2.01 10–19 cpm B&W + color €60.20 faxes and MFDs, technology neutral and CPM speed based-indexed amounts 2015) applicable to copiers, (Tariff Hand scanners: 6–9 cpm B&W + color €18.39 < 6 cpm B & W + color €5.01 (MF devices attract the higher levy for copiers or scanners. In practice, copier levy applies) (MF devices attract the higher levy for Copiers, faxes and MF devices: Copiers, • • (Note: private copying – draft regulation pertaining to reimbursement/exemption scheme for professional use – see above) scheme for professional reimbursement/exemption pertaining to (Note: private copying – draft regulation Tariffs • • 52 International Survey on Text and Image Copyright Levies 2015 Edition 600–1199 DPI€100.33 500–599 DPI€80.25 400–499 DPI€61.87 300–399 DPI€43.48 200–299 DPI€25.08 < 200DPI€7.35 Flatbed scanners: 600–1199 DPI€13.38 400–599 DPI€10.88 300–399 DPI€8.37 200–299 DPI€5.85 < 200DPI€3.34 Automatic scanners: • • earliest in2016though. No leviesonstandaloneprintersyet.Equipmentlevyschemewillprobably beextendedtoprinters, atthe Printers (Tariff applicabletoscanners–graphicresolution basedwithadditionalsalespricecap(art.3,§2,RD)–indexedamounts2015) DVD CD-R data External harddiskdrive function, tablets phone withMP3and/orMP4 MP3 player, MP4player, mobile Memory CardandUSBstick and basedon2013royaldecree) Private copyingschemetariffs(selection,aslistedonAuvibel’s website B&W Cooperation: Operator feetariff(s) Tariffs fordevicesandmedium whichcancopybothTIworksandA/AV works Color Non-cooperation: Color Non-cooperation: Color Cooperation: Color Cooperation: B&W Non-cooperation: B&W Non-cooperation: B&W Cooperation: €0.0502 (foreducation &publiclendinginstitutions) €0.0668 (standard tariff) €0.0302 (foreducation&public lendinginstitutions) €0.0402 (standard tariff) €0.0251 (foreducation&public lendinginstitutions) €0.0334 (standard tariff) €0.0151 (foreducation&publiclendinginstitutions) €0.0201 (standard tariff) More than16GB More than 4GBto16GB From 0to 4GB More than16GB More than2GBto16GB From 0to2GB More than1TB More than 500GBto1TB From 0to 500GB €9.00 €6.75 €1.30 €0.40 €0.12 €3.00 €2.50 €1.00 €1.35 €0.50 €0.15 International Survey on Text and Image Copyright Levies 2015 Edition53 11,190,845 inhabitants €23,141,150 €2.07 9.64 9.98 23.14 22.62 23.79 22.65 22.72 23.73 The reprography equipment levy can be refunded to the person or entity re-exporting the device on to the person or entity re-exporting equipment levy can be refunded The reprography and a of re-export invoices, valid transport documents as proof and sales of purchase production 6.59% of in 2014, representing completed and signed information sheet. €893,731 was refunded overall equipment invoicing in that year. Summary of exemption/refund scheme Summary of exemption/refund Population as of 01.01.2015: collections 2014: Homeland reprography Collections per capita 2015: (Reprobel homeland reprography collections only) homeland reprography (Reprobel Total collections per capita Total 2014: 2013: 2012: 10.38 2011: 10.33 2010: 10.23 2009: 10.31 Total Operator fee collections for last six years Total 2014: 13.50 2013: 12.65 2012: 13.41 2011: 12.32 2010: 12.49 2009: 13.42 Total device/media collections for last six years Total 2013: 2012: 2011: 2010: 2009: 2014: Total levy collections for last six years (€ million): levy collections for Total Article 21 of the 1997 R.D. provides that the levy must be shown on all invoices from the first bringing on bringing the first from invoices all on shown be must levy the that provides R.D. 1997 the 21 of Article on the visibility of the levy is not mandatory but and including the sale to the retailer, to the market up to invoice to the end user. the levy is sometimes shown on the However user. invoice to the end Visibility of the levy • • • • • (Reprobel homeland reprography levy collections only – all data as approved by AGM) – all data as approved levy collections only reprography homeland (Reprobel Collections • Indexed tariffs 2015 – photocopies only 2015 – photocopies Indexed tariffs 54 International Survey on Text and Image Copyright Levies 2015 Edition • • • Distribution • • Scope oflevy eight authorassociations,twopublisherassociations Members: www.bbda.bf [email protected] 01 BP3926Ouagadougou dela VictoireVilla Sect. 422rue4.55 BBDA Text andimage: RRO(s) administeringlevy Copyright Law032/99/AN22December1999 Legal basisforlevy Bureau BurkinabéduDroit d’Auteur 3.1.3 None Social andculturaldeductions 2014 13.99% Administrative deductions RROs. Ministry. Reprobel distributes the share of foreign right holders through bilateral agreements with other to approval/prior revision bytheMinisterofEconomyandaspecialcontrol unitforCMOswithinthat 50% ofReprobel’s netreprography collections.Thedistributionschemesofbothcollegesare subject two maindistributionbodiesexist:theAuthors’CollegeandPublishers’College,eachreceiving reprography Reprobel, levydistributionsplitissetbycopyrightlaw(50:50authors/publishers).Within as agreed betweenthememberCMOsonbasisofstatisticalsurveysandnegotiations.Themain The levy remuneration is distributed to member CMOs representing different categories of TI works, Summary ofdistributionschemeregarding levies (b) (a) Levy ondevices?Which? Private use,educationalpublicadministration,business use What copyingiscovered? Burkina Faso Burkina this hasnotincludedaTIshare. There isalsoalevy foraudioandaudio-visualprivatecopying,administered byBBDA, buttodate Devices whichcancopybothaudio/audio-visualandTI works Copiers, faxmachines,scanners,printers,MFmachines Devices whichcanonlycopyTIworks International Survey on Text and Image Copyright Levies 2015 Edition55 approx. €46 approx. €69 approx. €91 approx. 0.25% of import price 0.25% of import price 0.25% of import price 0.25% of import price 0.25% of import price Media which can only be used to copy TI works Media which can only No and TI works used to copy both audio/audio-visual Media which can be N/A As mentioned above, collection of the levy is undertaken by the customs, not BBDA As mentioned above, collection of the levy is undertaken by the customs, How does the RRO get data to charge levies? Approx. €0.003 Approx. Total collections per capita Total 0.045 Total levy collections for 2012 (€ million): Total Collection of the levy from the importers is undertaken by customs authorities, not BBDA. There is, is undertaken by customs authorities, not BBDA. There the importers Collection of the levy from a legal obligation to show the levy on the invoice to the end-user. however, Visibility of the levy N/A Operator fee tariff(s) N/A Tariffs per medium per Tariffs By decree in accordance with article 82 of the Copyright Law. with article 82 of the Copyright Law. in accordance By decree How set? Manufacturers and importers Manufacturers Who is liable to pay levy? Who is liable to pay Yes Operator fee? (a) (b) On media? Which? On media? • • • Collections • • Copiers: Speed less than 20 copies per minute Tariffs per device (EUR): Tariffs Fax machines: Scanners: Printers: MF machines: Alternative tariff – all devices Speed 20–40 cpm 40 + cpm • • Tariffs • • • 56 International Survey on Text and Image Copyright Levies 2015 Edition • • • Distribution • • • Scope oflevy No information Members: Yaoundé BP5970 Société civiledesdroits delalittérature etdesartsdramatiques SOCILADRA Text andimage: RRO(s) administeringlevy Copyright Law2000asamended Legal basisforlevy 3.1.4 10% Social andculturaldeductions 25% Administrative deductions author-publisher splitis65:35. Distribution isonatitle-specificbasis,usingsurveysinaccordance withaministerial regulation. The Summary ofdistributionschemeregarding levies None Summary ofexemption/refund scheme (b) (a) Levy ondevices?Which? 74. in circulationCameroon. machines and used for the reproduction for private use of a printed work, when such machines are put 73. Theremunerationprovidedforinthischaptershallbepaidbythemanufacturerorimporterof reproduction forstrictlypersonalandprivateuse. 72. Theauthorsandpublishersofprintedworksshallbeentitledtoremunerationinrespectthe What copyingiscovered? Cameroon payment shallbedeterminedbyregulation. (1) Thetypesofmachinessubjecttoafeeandtheamount ofsuchfee,aswelltheconditions No Devices whichcancopyboth audio/audio-visualandTIworks Copiers, scanners,faxmachines Devices whichcanonlycopy TIworks publishers andtheculturalpolicysupportfundprovided forinSection5(4)above. (3) Proceedsfromprivatecopyingofprintedworksshall besharedequallyamongtheauthors, competent collectivemanagementbody. (2) The fee provided for in this chapter shall be collected on behalf of the legal representatives by the International Survey on Text and Image Copyright Levies 2015 Edition57 Media which can only be used to copy TI works Media which can only No and TI works used to copy both audio/audio-visual Media which can be No? One third. See above One third. Social and cultural deductions No information received Administrative deductions According to §74 (3) of the Copyright Act (see above) the levy remuneration must be allocated with to Act (see above) the levy remuneration to §74 (3) of the Copyright According to publishers. to authors, and one third to a state cultural fund, one third one third Summary of distribution scheme regarding levies Summary of distribution scheme regarding Under article 73 of the Copyright Act (see above) the levy is charged on all devices put into circulation in devices put into circulation Under article 73 of the Copyright Act (see above) the levy is charged on all scheme. exemption, and no refund is no scope for so there Cameroon, Summary of exemption/refund scheme Summary of exemption/refund Charging the levy is dealt with by the Cameroonian Customs Directorate General, not SOCILADRA. Customs Directorate Charging the levy is dealt with by the Cameroonian How does the CMO get data to charge levies? 2012: €0.006 Total collections per capita Total 2013 0.125 Total levy collections (€ million): Total The invoice to the importer is issued by customs officials, and SOCILADRA is not involved in invoicing. The invoice to the importer is issued Visibility of the levy 5% of sale price of copiers Tariffs per device (€): per Tariffs By government decree How set? Manufacturers or importers Manufacturers Who is liable to pay levy? Who is liable to pay No Operator fee? (a) (b) On media? Which? On media? • • • Distribution • • • • Collections • • • Tariffs • • • 58 International Survey on Text and Image Copyright Levies 2015 Edition 80 publishers Members: Zagreb 1000 Amruseval 10 Croatian Publishers’Reprographic RightAssociation ZANA Text: CMO(s) administeringlevy Copyright Law2003asamended Legal basisforlevy 3.1.5 • Scope oflevy Association, willadministertheauthorshare, butthishasnotyetbeenimplemented.BothDHKandZANAare IFRROmembers. Note: ZANAwasestablishedin2007toadministerthepublishers’share ofthelevy;anothersociety, DHK,theCroatian Writers’ (5) (4) (3) (2) (1) Copyright Law2003aslastamended2011.Translated excerptreproduced bykindpermissionofZANA. Copying forprivateandotherpersonaluseofanaturalperson What copyingiscovered? Croatia audio orvideo fixationmedia; in respectofthefirstsale theRepublicofCroatiaorimportin ofnewblank appliances forsoundandvisual recording; in respectofthefirstsale intheRepublicofCroatiaorimport of Croatianew The obligationtopaytheappropriate remunerationreferredtoinparagraph(1)shall arise: produced intheRepublicofCroatia,remuneration shall bepaidbytheimporter. commercial use,formingpartofpersonalluggage.Ifthe mentionedappliancesandobjectsarenot fixation mediums,unlesssuchimportsconcernssmall quantitiesintendedforprivateandnon- importers ofappliancesforsoundandvisualrecording, photocopying,blankaudio,videoortext manufacturers of blankaudio, video or text fixationmediums, andjointly and severally with them of appliancesforsoundandvisualrecording,manufacturers ofappliancesforphotocopying, The remunerationreferredtoinparagraph(1)ofthis Articleshallbepaidbymanufacturers providing thesameeffectshallbeassimilatedtoappliances forsoundorvisualrecording. Any otherreproductiontechniquesshallbeassimilated tophotocopying,andanyotherappliances photocopying againstpayment. of appropriate remunerationtobeobtainedfromanaturalorlegalpersonwhoprovidesservices Apart fromtherightreferredtoinparagraph(1)ofthisArticle,authorsshallhaveaan appliances andblankaudio,videoortextfixationmediums. or otherpersonaluse,shallhavetherighttoanappropriateremunerationuponsaleoftechnical authorization, byphotocopyingorrecordingonsound,visualtextfixationmediums,forprivate 82 ofthisAct,theauthorwhoseworksare,duetotheirnature,expectedbereproducedwithout Where acopyrightworkmaybereproducedwithouttheauthor’s authorizationpursuanttoArticle REPRODUCTION OFACOPYRIGHTWORKFORPRIVATE OROTHERPERSONALUSE RIGHT TOREMUNERATION FOR 3.3.1 Rightstoremuneration Article 32 International Survey on Text and Image Copyright Levies 2015 Edition59 Article 82 PRIVATE OR OTHER PERSONAL USE OR OTHER PERSONAL PRIVATE REPRODUCTION OF THE WORK FOR REPRODUCTION Media which can only be used to copy TI works Media which can only be used to copy No audio/audio-visual and TI works Media which can be used to copy both No Devices which can only copy TI works machines Copiers, fax machines, scanners, MF and TI works Devices which can copy both audio/audio-visual No mport in the Republic of Croatia of new the Republic of Croatia Croatia or import in in the Republic of of the first sale in respect photocopying appliances. depending the amount be paid in shall Article of this (2) paragraph to in referred The remuneration on the number of photocopies made. on the information of this referred to in paragraphs (1) and (2) the rights to remuneration Authors may not renounce Article. €3.5 per month per copier Operator fee tariff(s) N/A Tariffs per medium Tariffs All devices: 0.84% of import price Tariffs per device (EUR): Tariffs By negotiation How set? Manufacturers and importers Manufacturers Who is liable to pay the equipment levy? Yes, for copy shops. Yes, Operator fee? (a) (b) On media? Which? (a) (b) A natural person may reproduce a copyright work in any medium if he does so for private use, or in the A natural person may reproduce a copyright use if this copy is not intended for or accessible to the public form of photocopying and other personal purpose. It shall not be permitted to reproduce the whole and has no direct or indirect commercial have been sold out for at least two years, graphic editions of book, unless the copies of such book electronic databases, cartographic works, nor the building of musical works (hereinafter: sheet music), provided by this Act or a contract architectural structures, unless otherwise Levy on devices? Which? (6) (7) • • • • Tariffs • Current disputes/issues • • • 60 International Survey on Text and Image Copyright Levies 2015 Edition • • • Distribution • • • • • • Collections • 6327 authorsandotherright holders Members: www.dilia.cz 19003 Prague9 Krátkého 1 Agency,Theatrical, LiteraryandAudio-Visual AssociationofAuthors Dilia Text : RRO(s) administeringlevy Copyright Act2000,consolidated2006 Legal basisforlevy 3.1.6 None Social andculturaldeductions 30% Administrative deductions ZANA distributestopublishersonly. Summary ofdistributionschemeregarding levies Devices destinedforre-export are exempt Summary ofexemption/refund scheme agreements withtradebodies,orimportershaveagreements withtheRRO. There isanobligationinlawformanufacturers andimporterstoreport. Dataisalsoobtainedthrough How doestheRROgetdatatochargelevies? €0.028 Total collections percapita 2012 €28,000 Total operatorfee collections 2012 €96,305 Total equipment levycollections 2012 €124,305(ZANA) Total levycollections No legalobligationtomentionthelevyoninvoices ofthelevy Visibility Czech Republic Czech International Survey on Text and Image Copyright Levies 2015 Edition61 Article 25 Legal Person’s Own Internal Use Legal Person’s Device for making printed reproductions; Blank record carriers. Device for making reproductions of fixations; the producer, importer or consignee of technical devices for making printed reproductions; importer or consignee of technical the producer, record carriers; importer or consignee of blank the producer, liable person pursuant to Paragraphs (a) to (c), unless the carrier or forwarder in lieu of the rights manager without undue delay upon that person informed the relevant collective consignee or written request about the details necessary for the identification of the importer, producer; the provider of paid reproduction services, of in the case of printed reproductions; provider paid reproduction services shall also mean the person who makes available, for a consideration, the device for making printed reproductions. the producer of the devices for making reproductions of fixations, importer of such devices the producer of the devices for making “importer”) or consignee of such devices from member from third countries (hereinafter the (hereinafter the “consignee”); states of the European Communities for personal use by a natural person (Article 30) on the basis of an audio, audio-visual or any for personal use by a natural person transfer thereof by means of a device to blank record other fixation or broadcasting by the in connection with such reproduction of the carriers, the author is entitled to remuneration work. for personal use by a natural person or for the own internal use by a legal person or a sole a natural person or for the own internal for personal use by printed reproductions on paper or other and 30a), using a device for making trader (Articles 30 similar base; or Entitlement to the remuneration to be paid by the persons defined in Paragraph (2) (b) shall depend shall (b) (2) Paragraph in defined persons the by paid be to remuneration the to Entitlement of works under Article on the probable number of devices designated for making print reproductions the devices designated for 30a. For the calculation of the amount of the remuneration in respect of at 20%. The remuneration making print reproductions, the probable number of these devices is set value added tax. is calculated on the basis of the average price of the device exclusive of the (2) (e) shall depend Entitlement to the remuneration to be paid by the persons defined in Paragraph 30a. Article with accordance in made works of reproductions print the of number the probable on of remuneration The rules set out in Points 6 and 7 of the Annex hereto shall apply to the calculation in respect of the print reproductions made. collective rights manager – The persons referred to in Paragraph (2) above shall submit to the relevant summaryin always following the of end the by than later not and year calendar the of half for of the remuneration, calendar month – information on the facts relevant for setting the amount sold, imported or received including, but not limited to, information on the type and number of the (b) (c) Entitlement to remuneration to be paid by the persons defined in Paragraph (2) (a) to (d) in connection Paragraph (2) (a) to (d) in in the persons defined to be paid by to remuneration Entitlement author at the time of the with the reproduction of a work for individual use shall pertain to the import, receiving or first sale of: (a) (b) (c) (d) (e) The person liable to pay remuneration pursuant to Paragraph (1) shall be: The person liable to pay remuneration (a) (b) For works that were made public and may be reproduced: For works that were (a) Right to Remuneration in Connection with Reproduction of Work for Personal Use and for for of Work in Connection with Reproduction Right to Remuneration (5) (6) (4) (3) (2) (1) What copying is covered? • Scope of levy 62 International Survey on Text and Image Copyright Levies 2015 Edition • • • (8) (7) libraries, ineachcasewhere copyingservicesare madeavailable forafee Yes, coveringcopyshops,schools,highereducational institutions,publicadministration.Businessesand Operator fee? (b) (a) On media?Which? (b) (a) Levy ondevices?Which? (2) (1) agreements bypersonswhousethemsointhecourseoftheirownactivities. only tobeusedwithintheCzechrepublicforreproductionofworksonbasislicense remuneration shallnotbepaidinthecaseofdevicesandblankrecordcarriersiftheseareintended or consigned for resale or where blank record carriers are exported or consigned for resale. Also, Remuneration shallnotbepaidwherethedevicesreferredtoinParagraph(3)(a)and(b)areexported remuneration isindicatedintheAnnextothisAct. fixations onwhicharemunerationistobepaidinaccordancewithParagraph(1)above;levelofthis of blankrecordcarriers.ThisDecreeshallalsodefinetypesdevicesformakingreproductions remuneration dependingonthetypeofdeviceformakingprintedreproductionsandtypes to bepaidinaccordancewithParagraph(1)aboveandalsodefineamountofthelump-sum to makeprintreproductionsandthetypesofblankrecordcarriersonwhicharemunerationis shall issue a Decree to define the types of devices of Culture (hereinafter the “Ministry”) The Ministry for providingpaidreproductionservices. blank recordcarriers,andalsoonthetotalnumberofprintedreproductionsmadebydevices devices for making reproductions of fixations, devices for making printed reproductions, and the CDs, DVDs,Memorycards, USBsticks Media whichcanbeusedtocopybothaudio/audio-visual andTIworks No Media whichcanonlybeusedtocopyTIworks Hard External Disks BlueRayBurners, PCs, tablets,E-readers, DVDBurners, CDBurners, Devices whichcancopybothaudio/audio-visualandTI works Copiers, printers,MFmachines Devices whichcanonlycopyTIworks Provisions ofArticle30(4)to(6)shallapplymutatismutandis. (d) (c) (b) (a) Copyright isnotinfringedby: accordance withArticle25. under Clauses(c)and(d)above–theremunerationispaidinaregulartimelymanner of themusicalnotationaworkormusical-dramaticalandwhere–incases or byanyotherprocesswithsimilareffects,exceptwhereaprintedreproductionismade printed reproductionofaworkonpaperorothersimilarbasebythephotographictechnique anybody, whouponorder, foralegalperson’s orasoletrader’s owninternalusemakesa anybody, whouponorder, forpersonalusebyanaturalperson, a legalpersonorsoletraderwhofortheirowninternaluse, a naturalpersonwhoforitsownpersonaluse, Reproduction onPaperorOtherSimilarBase Article 30a International Survey on Text and Image Copyright Levies 2015 Edition63 487.36 according to import price €4.33 to €487.36 according No No inkjet €1.62 to €32.49 €4.33 to €243.68 as copiers 0.0151 per page (color double): libraries, museums, educational institutions €0.0151 per page (color double): libraries, operators €0.0201 per page (color double): other Devices capable of copying TI works only` Devices capable of copying TI works Copiers: Fax machines: Scanners: Printers: others: MF machines: Devices capable of copying both A/AV and TI works Devices capable of copying both A/AV collected by Czech Music CMO OSA TI share, As to the equipment levy, the Copyright Law imposes an obligation on the manufacturers and importers the Copyright Law imposes an obligation on the manufacturers As to the equipment levy, the bringing of devices or media into the national market to report How does the RRO get data to charge levies? €0.099 Total collections per capita Total €108,000 Total operator fee collections for 2014 Total €939,000 Total device/media collections for 2014 Total €1,047,000 Total levy collections for 2014: Total Based on  the do so in retailers but many on invoices, equipment levy mention the to obligation is no legal There invoice to the end-user Operator fee tariff(s) Visibility of the levy (a) collected by Czech Music CMO OSA TI share, Tariffs per device (EUR): Tariffs medium per Tariffs By legislation and ordinance of the Ministry of Culture By legislation and ordinance How set? (b) Manufacturers, importers or intra-communal acquirers, upon first bringing the device into the national upon first bringing the device into or intra-communal acquirers, importers Manufacturers, of copying services. market. Operators Who is liable to pay levy? Who is liable • • • • • Collections • • • • • Tariffs • 64 International Survey on Text and Image Copyright Levies 2015 Edition • • 2. 1. Distribution topublishersdependsontwofactors: 2. 1. Distribution toauthorsofregistered worksdependsontwofactors: • Distribution • www.cfcopies.com Paris 755006 20, ruedesGrandsAugustins Center Françaisd`Exploitation duDroit deCopie CFC CFC, SofiaandSEAMare IFRROmembers. books andtextgenerally, CFCinpress material. Sorimage. SEAMrepresents right holders insheetmusic.Sofia receives theshare fortherightholdersin of, forrightholdersintextworks:Sofia,CFCand SCAM, andforrightholdersinvisualimageworks: colleges, representing audio,audio-visual,andtext/image rightholdersrespectively. The textcollegeconsists The levy is collected by CopieFrance, www.copiefrance.fr. The remuneration is distributed between three CMO(s) administeringlevy made upofrepresentatives oftherightholders;manufacturers andimporters; andconsumers. to thelevyandtariffs are tobe determinedbyacommissionchaired representative, byagovernment and producers fortheprivatecopyingofphonogramsorvideograms.ByAL311devicesandmedia subject medium. Thesamearticlealsoprovides forremuneration tobepaidauthors,performing artistsand authors andpublishersofworksforprivatecopyingonanymediumfrom alegalsource ontoadigital Intellectual Property Code as last amended 2012. A. L311-1 provides for remuneration to be paid to the Legal basisforlevy 3.1.7 None Social andculturaldeductions 10.83 Administrative deductionsin2014 Date ofpublication Type ofwork:a)scientificliterature andschoolbooksb)otherworks Number ofpages c) otherliterature Type ofwork:a) scientificworksandschoolbooksb)non-fictionliterature, poetryandcartographicworks including cartographicworksthatwere publishedbyprintingorelectronically’ ‘Royalties shallbedistributedonthebasisofregistration ofallliterary, dramaticandscientific works, divided 60:40betweenauthorsandpublishersasrequired bylaw. TheDiliarulesthenprovide that, of Dilia.A15%share issenttoOOAS,representing authorsofvisualandplasticart.Theremainder is National lawdeterminestheallocationbetweendifferent categoriesofrightholder, otherwisetherules Summary ofdistributionscheme refunding thelevywhere itisproved thatadeviceonwhichthelevyhasbeenpaidre-exported. Dilia permitsimporterstoexcludefrom theirdeclarationsdevicesdestinedforre-export, aswell Summary ofexemption/refund scheme France International Survey on Text and Image Copyright Levies 2015 Edition65 Media which can only be used to copy TI works Media which can only be used to copy No Media which can be used to copy both audio/audio-visual and TI works CD R and RW data DVD Ram, DVD R and DVD RW floppy disc 3.5 Micro Non-dedicated USB key Memory cards sold bundled together Memory cards Devices which can only copy TI works N/A and TI works Devices which can copy both audio/audio-visual mobile TV decoder/ADSL box, MP3/MP4 Walkman, disc, video recorder, TV set with integrated hard phone, tablets, USB, memory cards. decoder or video recorder drives incorporated into a TV, Memory and hard drives externalStandard hard outputs drives with audio and/or video outputs and/or computer External multimedia hard MP3/MP4 players function Mobile phones with music or video playing function and with a mobile phone operating system or an Multimedia tactile tablets with a player own operating system By a special commission (see above) How set? The manufacturers and importers of devices and media subject to the levy and importers of devices The manufacturers Who is liable to pay levy? (a) (b) On media? Which? (a) (b) Levy on devices? Which? Private use What copying is covered? • Tariffs • • • • Scope of levy SEAM 43 rue du Rendez-vous 75012 Paris www.seamfrance.fr Sofia Intérêts des Auteurs de l’Écrit Société Francaise des Saint-Germain 199 bis., boulevard 75345 Paris www.la-sofia.org 66 International Survey on Text and Image Copyright Levies 2015 Edition • • • Distribution • Collections • • Based onGermanCopyrightAct1965asamended(UrhG) Legal basisforlevy 3.1.8 purposes byarticleL321-9oftheIPCode. All theFrench societiesadministeringtheprivatecopylevy are obliged todeduct25%forcultural Social andculturaldeductions CFC currently 11%,Sofia9%. Administrative deductions private copyingbyconsumers. Sofia alsodistributestoauthorsandpublishersonthebasissurveysconductedbySorimage CFC distributesremuneration toindividualauthorsandpublishersonthebasisofsurveys. and publishers A. L311-7oftheIPCodeprovides fortheremuneration forTIworkstobesplitequallybetweenauthors Summary ofdistributionschemere levies Share ofSorimageandotherCMOs:approx. €10.30m Sofia share: approx. €10.75m. CFC share: approx. €0.68m. 2014 Total privatecopylevyapprox. €228m.Text approx. imageapprox. €12m.Visual €13 m. Total TIlevycollections(EURmillion)2014: implemented byadecree no.2013-1141ofDecember102013,inforce from 1April2014. The privatecopyinglevypaidhastobeshownoninvoicesunderthelawofDecember202011,as ofthelevy Visibility (d) (c) (b) (a) Tariffs perdevice(EUR): (1) Germany Text andimage share asfordevices Media whichcanbeusedtocopybothaudio/audiovisualandTIworks N/A Media whichcanonlybeusedtocopyTIworks approximately 6% In 2014thetextshare wasapproximately 5%ofthetotalprivatecopylevy, andtheimageshare Devices whichcanbeusedtocopybothaudio/audio-visualandTIworks:share ofTIworks N/A Devices whichcanonlybeusedtocopyTIworks A personauthorized tomakesuchcopies mayalsocausesuchcopies tobemadebyanotherperson obviously illegallymadeor availabletothepublicwasnotusedasbasis forreproduction. for-profitmedium, providedtheydo not serve purposeseitherdirectlyorindirectly andthatacopy It shallbepermissiblefora naturalpersontomakesinglecopiesofaworkforprivate useonany S53 Reproductionforprivate andotherpersonal/ownuses: Unofficial translationfrom 2007GermanCopyrightLaw International Survey on Text and Image Copyright Levies 2015 Edition67 in the case of a work which has been out of print for a minimum of two years. in the case of a work which has been in the case of small parts of published works or individual contributions published in in the case of small parts of published newspapers or journals, of a book or periodical in the case of essentially complete copies, shall only be permissible, of a book or periodical in the case of essentially complete copies, shall only owner or in where not carried out by manual copying, with the consent of the copyright work that has been accordance with paragraph (2) item 2, or for personal use in the case of a out of print for at least two years. of graphic recordings of musical works, for state examinations and examinations in schools, universities, non-commercial institutions of for state examinations and examinations in schools, universities, non-commercial if and to the quantity, education and further education and in vocational training in the required extent that such reproduction is necessary for this purpose. for illustration in teaching in schools, in non-commercial institutions of education and further for illustration in teaching in schools, in non-commercial institutions of in for those participating of vocational training in a quantity required education or in institutions is however only the teaching. The copying of a work intended for teaching purposes in schools permissible with the permission of the right holders. (b) for personal/own scientific use, if and to the extent that such reproduction is necessary use, if and to the extent that for personal/own scientific for this not servepurpose and does commercial purposes, reproduction for this purpose is necessary, files, if and to the extent that to be included in personal model for reproduction, copy of the work is used as the and provided a personal the case of a broadcast work, concerning current events, in for personal information for other personal/own uses, (a) Paragraph (1) as well as paragraph (2), numbers (2) to (4) and paragraph (3) number (2), shall not apply Paragraph (1) as well as paragraph (2), numbers (2) to (4) and paragraph (3) means. Paragraph to database works the elements of which are individually accessible by electronic that condition on works database such to apply shall (1) number (3) paragraph and (1) number (2) the scientific use or the use in teaching does not serve commercial purposes. (b) Reproduction (a) 2. It shall be permissible to make or cause to be made copies of small parts of a work, of small works It shall be permissible to make or cause made available to the public in newspapers or periodicals for or of individual articles published or own use: 1. provided no payment is received therefore or it concerns copying on paper or a similar medium, on paper or a it concerns copying therefore or no payment is received provided similar or by some other process having of any kind of photomechanical technique effected by means effects, copies of a work to make or cause to be made single It shall be permissible 1. 2. 3. 4. (5) (4) (3) The copying on paper or a similar medium is carried out by a photomechanical process or other process The copying on paper or a similar medium having a similar effect or it is an exclusively analogue use or the archive serves does not serve the public interest and a commercial purpose either directly or indirectly (2) 1. 2. 3. numbers 3 and 4 only if in addition one of the conditions of sentence 2 This applies in the cases of sentence 1 numbers 1 or 2 applies This applies in the case of sentence 1 number 2 only if in addition: This applies in the case of sentence 1 68 International Survey on Text and Image Copyright Levies 2015 Edition (2) (1) (1) respect oftheapplianceor recording medium. Turnover Tax istobeshown separatelyshallincludeanotestatingthecopyright remunerationpayablein Article 54(1),inwhichturnovertaxaccordancewith Article 14(2)sentence1number2oftheLawon Invoices for the sale or other placing on the market of appliances or recording mediums referred to in (2) (1) (3) (2) (1) reproductions. circumstances thattheappliancesorstoragemediumssubjecttothislawwillnotbeusedmake The entitlementunderparagraph(1)doesnotapplyinsofarasitcanbeexpectedfromthe such reproductions alone orincombinationwithotherappliances,storagemediumsaccessoriesareusedtoproduce remuneration fromthemanufacturersofappliancesandstoragemediums,atypewhicheither section 53 paragraphs(1)to(3)theauthorofworkshallbeentitledpaymentequitable Where thenatureofaworkmakesitprobablethatwillbereproducedinaccordancewith which thislaw appliesshallhavetheobligation inrespectoftheauthor toreportinwritingthenature to Any personwhocommercially importsorreimportsappliancesstoragemediainto theterritory the appliancewhichisprobableincircumstances,especially thelocationandnormalapplication. The amountofthetotalremunerationpayablebyoperator shalldependontheextentofuse remuneration fromtheoperatorofappliance. for themakingofphotocopiesonpayment,author shallalsobeentitledtopaymentofequitable institutions), researchinstitutions,publiclibrariesorin institutionswhichhaveavailableappliances or vocationaltraininginstitutionsothereducationaland furthereducationinstitutions(educational photographic technique,orbyaprocesshavingsimilareffect,areoperatedinschools,universities Where appliances of the type referred to in Article 54 (1), which are used to copy by means of a 2. 1. The dealer’s obligationto pay remunerationshallnotapply, are releasedforfreecirculationcustomspurposes. or if they No. L 302, page 1) shall only be deemed the importer if the items are used in that territory Regulation (EEC)No.2913/92ofOctober12,1992establishingtheCommunityCustomsCode(OJ to be introduced, into a free zone or a free warehouse in accordance with Article 166 of Council be consideredtheimporter. Apersonwhointroducesgoodsfromthirdcountries,orcausesthem who actssimplyasforwardingagent,carrierorthelikeinintroductionofgoodsshallnot to which this law applies. Any person that contractual party alone who is domiciled in the territory the importingisbasedonacontractwithpersonforeigntothatterritory, theimportershallbe towhichthisLawapplies.Where mediums, orcausesthemtobeintroduced,intotheterritory The importershallbethepersonwhointroducesappliancesorvideoaudiorecording liable. to which this law applies or who deals therein shall be jointly or storage mediums into the territory In addition to the manufacturer, any person who commercially imports or reimports the appliances of supply by January 10andJuly 10foreachprecedinghalfcalendaryear.of supplybyJanuary of thenatureandquantityappliancesrecordingmediumsreceivedhissource if thedealernotifiesreceivingofficedesignatedinaccordancewithArticle54h(3)writing or recordingmediums,isboundbyaninclusivecontractconcerningtheremunerationor, where aperson required to pay theremuneration, from whom the dealer obtainsthe appliances 54c Liabilityofoperatorcopyingdevicestopayremuneration 54b Liabilityofdealerorimportertopayremuneration 54 Obligationtopayremuneration 54e Obligationtoreport 54d Obligationtorefer International Survey on Text and Image Copyright Levies 2015 Edition69 54g Inspection visits 54f Obligation to provide information 54f Obligation to 54h Collecting Societies, Handling of Reports 54h Collecting Societies, Handling Claims under Articles 54 to 54c, 54e (2) 54f and 54g may only be asserted through a collecting Claims under Articles 54 to 54c, 54e society. Articles under paid remuneration the in share equitable an to entitled be shall owner copyright Each protection measures in accordance with article 95a shall not protected by technical 54 to 54c. Works of the remuneration. be taken into account in the distribution The author may require information from those persons required to pay remuneration under Article required to pay remuneration under information from those persons The author may require media sold or otherwise and quantity of appliances and storage 54 or Article 54b as to the nature obligation to provide on the territoryput into circulation The dealer’s to which this law applies. shall also subsist in the cases under it supply, extend to naming his sources of information shall also mutandis. number 1. Article 26(6) shall apply mutatis the Article 54b (3) necessaryThe author may require information to assess the remuneration from the operator of an meaning of the first sentence of Article 54c (1). appliance in an institution within the information fails to satisfy the obligation or only satisfies it Where the person required to provide may be required. twice the rate of remuneration incompletely or otherwise incorrectly, and quantity of the items imported to the receiving office designated in accordance with Article with Article in accordance office designated imported to the receiving of the items and quantity the tenth day after the expiry54h(3) monthly by month. of each calendar does so the obligation to report or only required to report does not satisfy Where the person required. the rate of remuneration may be twice incorrectly, incompletely or otherwise Insofar as necessaryas Insofar 54c, Article under the operator by owed remuneration the of the assessment for to permit him, during normal working or business hours, to inspect the author can require the operator are of copies in return for payment for the production devices the works and business premises where be so conducted so as to avoid unnecessarymade available. The inspection visit must disturbance of the business. (2) (1) (2) (3) (1) (2) Both VG WORT and VG Bild-Kunst are IFRRO members. Both VG WORT and VG Bild-Kunst are Approx. 51,000 right holders Approx. Members: Members: Image works: Image works: Bild-Kunst (VG Bild-Kunst), Verwertungsgesellschaft 61, 53113 Bonn Weberstrasse www.bildkunst.de 460,197 authors, 12,273 publishers Members: Members: Text works: works: Text (VG WORT), WORT Verwertungsgesellschaft 5, 81543 Munich Weidenstrasse Untere www.vgwort.de RRO(s) administering levy 70 International Survey on Text and Image Copyright Levies 2015 Edition • Tariffs • • • • • Scope oflevy (4) (3) (2) (1) as follows: Administration ofCopyrightAct,below. Astotheamountofremuneration, thelegislationprovides By negotiation with the representatives of the manufacturers or importers – see §13a (1) of the How set? See §§54,54bUrhG Who isliabletopaylevy? Yes, see§54cUrhG Operator fee? (b) (a) On media?Which? (b) (a) Levy ondevices?Which? 3. 2. 1. What copyingiscovered? it mustbeina reasonableeconomicrelation tothepricelevelof applianceorstoragemedium. The remunerationshallnotunreasonably harmthemanufacturersofappliancesand storagemediums; capacity andreusabilityofstorage mediumsshallbetakenintoaccount relevant totheiroperation, especiallytheperformancecapabilityofappliances andthestorage In determiningtheamount of remunerationthecharacteristicsappliancesor storagemediums other appliancesorstoragemediumswhichfunctionin conjunctionwiththem obligation topayremunerationforthetotalityofstorage mediumscontainedintheapplianceorfor The remunerationforappliancesshallbesodetermined astobeequitablehavingregardthe in thesenseofsection95aareappliedtoworks question paragraphs (1) to (3). A relevant consideration is the extent to which technical protection mechanisms or storage medium in question is actually used to make reproductions according to section 53 The criterionfortheamountofremunerationshall betowhatextentthetypeofappliance Hard disks,USB,CD/CDRom,DVD,BlueRaydisc,memorycards Media whichcanbeusedtocopybothaudio/audio-visualandTIworks No Media whichcanonlybeusedtocopyTIworks blueraydevice,smartphone,tablets,MP3/MP4devices. CVDBurners, PCs, CDBurners, Devices whichcancopybothaudio/audio-visualandTIworks Printers Scanners Fax machines Multi-function devices Photocopiers Devices whichcanonlycopyTIworks Teaching orexamination purposes(smallparts/singlearticles)–§53(3) Archival uses(‘single’copies;normallysmallparts)§53(2)UrhG) andotherown/internal Private copyingfrom textandimageworks(§53(1)UrhG) §54a oftheCopyrightAct(unofficialtranslation): International Survey on Text and Image Copyright Levies 2015 Edition71 25.00 50.00 87.50 5.00 10.00 4.09 5.00 15.00 as copiers Speed to 14 ppm 15–39 ppm 40 + ppm Thermo or inkjet Laser Flatbed 12.50 Laser 12.50 Inkjet Laser Collecting societies shall be required to publish the tariffs and any amendment thereto without and any amendment thereto to publish the tariffs shall be required Collecting societies bulletin. delay in the official monetary advantages obtained from shall normally be the the tariffs The basis for calculating adequate in these result bases where may also be computed on other exploitation. The tariffs in an economically exploitation, which may be collected criteria for the advantages obtained from a work in the total of the utilization of the proportion When establishing tariffs, justifiable manner. and in collecting account. In establishing the tariffs exploitation shall be taken into appropriate cultural and social religious, to the shall have due regard collecting societies the remuneration, of youth welfare. including the interests the remuneration, of the persons liable to pay interests according for devices and storage mediums shall be determined The amount of the remuneration mediums for devices and storage setting tariffs Before to section 54a of the Copyright Law. manufacturers affected the with associations representing the collecting society must negotiate If the and the conclusion of an inclusive agreement. concerning equitable remuneration down the collecting society by way of exception to break negotiations for an inclusive agreement under section 54a after undertaking empirical the remuneration for section 13 can only set tariffs with section 14, paragraph 5a. surveys in accordance as to their income partners under inclusive agreements The collecting societies will inform their and how it is distributed to categories of recipients. lump sum remuneration from Collecting societies shall draw up tariffs in respect of the remuneration they demand for the they demand for the remuneration of in respect shall draw up tariffs Collecting societies been concluded, the rates of inclusive contracts have Where administer. rights and claims they the tariffs. upon in such contracts shall constitute agreed remuneration (1) (2) (3) (2) Copiers: Tariffs per device which can only copy TI works(EUR) plus VAT: per Tariffs 13. (1) 13. Tariffs for devices and storage media: transparency 13a Tariffs Printers: Inkjet MF machines Fax machines: Scanners: Manual • • The Administration of Copyright Act provides as follows (unofficial translation): as follows Act provides of Copyright The Administration 72 International Survey on Text and Image Copyright Levies 2015 Edition • • Collections • • • • Total 2007 2008 2009 2010 2011 2012 2013 2014 and image works respectively has notyet been determined. 2014. Theshare tobepassedonbythecollectingbody, andVGBild-Kunstfortext theZPÜ,toVGWORT Tariffs are currently subjecttolegaldisputeexceptPCs,where anagreement wasreached inJanuary Tariffs perdevicewhichcanbeusedtocopybothaudio/audiovisualandTIworks collections forlasteightyears(EURmillion): See §54dUrhGabove of thelevy Visibility institutions tariff owneddevicesoperatedinHI.) ofEUR405perdeviceappliesalsoforthegovernment Further educationinstitutions(Hochschulen):lumpsumcontracts(validuntil12/13.From 1/14theHI Schools: lumpsumcontractsnegotiatedwithstategovernments HI institutions(includinglibraries): Public Libraries: Other outletsforcopyingagainstpayment: No HIintown + 500m 500m Within Depend onproximity tohighereducationinstitute: Copy shops Operator feetariff(s) As above. Tariffs formediawhichcanbeusedtocopybothaudio/audiovisualworksandTI Not covered bytheschemeare hard burners. tabletcomputers,external drives,external • • • • 2011 to31December2016are asfollows: 2014 €1.42 Total collectionspercapita Workstations, from 1January2014onwards: PCs withascreen sizeunder12.5inches: Business PCs: Consumer PCs: 658.75 29.96 60.42 377.15 61.12 69.48 60.62 49.97 77.43 EL VGW 174.47 7.12 12.90 95.73 13.50 25.24 19.98 19.22 31.95 EL VGBK 833.22 37.08 73.32 472.88 74.62 94.72 80.60 69.19 109.38 Total EL €405 perdevice €163 perdevice €41.50 perdevice €88 €119 €160 33.68 8.46 5.12 5.28 5.10 4.81 4.91 4.61 4.61 €3.20 (plusVAT) €8.50 (plusVAT) €3.20 (plusVAT) €10.55 (plusVAT) OL VGW

The agreed tariffs for theperiod 1 January 5.73 0.94 0.87 0.94 0.96 0.99 1.03 1.00 1.21 OL VGBK 39.41 9.40 5.99 6.22 6.06 6.24 5.94 5.61 5.82 Total OL 872.63 46.48 79.31 479.10 70.68 100.96 86.54 74.80 115.20 Total levy International Survey on Text and Image Copyright Levies 2015 Edition73 §9 VG WORT VG WORT The statutes of VG WORT provide (unofficial translation): provide (unofficial The statutes of VG WORT A collecting society shall distribute the revenue from its activities according to fixed rules (distribution A collecting society shall distribute the revenue from its activities according plan) that prevent any arbitrary shall conform to the act of distribution. The distribution plan The principles of the principle that culturally important works and performances are to be promoted. distribution plan shall be incorporated in the statutes of collecting societies. So far as determinable by reasonable means, every payment according to right holder should receive the use of his work A right to request information from operators – penalty of double remuneration – §54f(2) remuneration operators – penalty of double information from A right to request A right to inspect copy shops – §54g A right to information on imports – penalty of double remuneration – §54e UrhG on imports – penalty of double remuneration A right to information – § 54f UrhG importer or dealer the manufacturer, from information A right to request §7 of the Administration of Copyright Act provides as follows (unofficial translation): §7 of the Administration of Copyright Act provides as follows (unofficial 7. Distribution of Revenue 1. Legal basis for distribution scheme The following basic principles must be observed in the Distribution Plan: Where products are imported into Germany but not placed on the German market by manufacturers or market by manufacturers imported into Germany but not placed on the German are products Where VG can be claimed from the levy must be paid, but a refund members of BITKOM, importers who are is placed on the German the product where Equally, evidence. of documentary WORT on production seller can claim in another member state, the cross-border market but subsequently sold to a consumer VG WORT. of the levy from a refund In Germany the system of (text and image) levy administration works very well because firstly, there there image) levy administration works very well because firstly, In Germany the system of (text and of about 80% of the importers and manufacturers represents is an organization, BITKOM, which which also is good cooperation between BITKOM and VG WORT, there and, secondly, leviable products, the copying of images for VG Bild-Kunst. BITKOM has set up an administers the collection of levies for of data to VG WORTorganization to deal with the supply on behalf of BITKOM member companies as a imported Gesellschaft mbH). This includes data as to leviable products (BITKOM Service service provider so that the levies on such without distribution into the German market, into Germany for re-export the relevant invoices sent by VG WORT can be discounted in the to BITKOM members provided products accountants. chartered attested by certificates from transactions are Summary of exemption/refund scheme Summary of exemption/refund 1. 2. As to the operator fee the Copyright Law provides As to the operator 2. the contracts with organizations representing is obtained under general In practice information such as Bitkom or importers, manufacturers 1. As to the equipment levy, the Copyright Law provides the Copyright levy, As to the equipment How does the RRO get data to charge levies? the RRO get data How does Distribution scheme for levy remuneration • Distribution • • 74 International Survey on Text and Image Copyright Levies 2015 Edition • • VG Bild-Kunst’s distributionscheme issimilartoVGWORT’s. the foreign sistersocietyatleastannuallyonanon-titlespecificbasis. surveys, andthecorresponding share ofthedistributableremuneration forthatcategoryofworksispaidto extent ofcopyinginGermanycategoriesworksfrom specificcountriesisascertainedthrough statistical Distribution toforeign rightholdersiseffected onthebasisofbilateralagreements withotherRROs.The and databaseinformation. eachcategory,Within remuneration isallocatedtoindividualrecently-published worksonthebasisofreports, relevant copyingofeachcategoryindifferent locations,usingdifferent devices/media. Remuneration isallocatedtoeachcategoryofworkonthebasisstatisticalsurveysasextent • • • • • • following categoriesofworks: Detailed rulesare provided forthedistributionofremuneration intheDistributionPlanaccording tothe Accra Larterbiokoshie, P.O. BoxLT 172, CopyGhana Text andimage: RRO(s) administeringlevy regulations were passedin2010. Revenue Authority, andby§27(7)distributedtotherightholdersanauthorizedCMO.Implementing regulation.government According to§27(3)thelevyisbecollectedby customs divisionofGhana Copyright Act 2005 (Act 690). Section 27 (1) provides for a device and media levy with tariffs to be set by Legal basisforlevy 3.1.9 2014: VG WORT 4.02%,VGBild-Kunstmaximum4% 2014: VGWORT Social andculturaldeductions 6.4%,VGBild-Kunst5.2% 2014: VGWORT Administrative deductions On-line publications Digital off-line publications Non-fiction journals Non-fiction books Press material Fiction 3. 2. Ghana they performaspublishers. The publishersareentitledtoashareoftheincomeVGWORTwhich appropriatetotheservices (b) (a) assessment anddistributionshallbeappliedtoapproximatethatshare,inwhich So farastheindividualshareaccordingtouseinthissensecannotbeidentified,generalrulesfor appropriate extent the culturalorartisticsignificanceofworkeachrightholderaretakenintoaccounttoan measurement ofuseand International Survey on Text and Image Copyright Levies 2015 Edition75 Media which can only be used to copy TI works Media which can only be used to copy No audio/audio-visual and TI works Media which can be used to copy both USB sticks discs (external), memory cards, CDs, DVDs, hard Devices which can only copy TI works Not yet implemented and TI works Devices which can copy both audio/audio-visual CD Burners, DVD burners, mobile phones, smart phones MP3/MP4 players, There is no legal obligation to show the levy on any invoices There Visibility of the levy N/A Operator fee tariff(s) As for devices Tariffs per medium Tariffs 20% of the cost, insurance and freight value 20% of the cost, insurance and freight Tariffs per device (EUR): Tariffs By regulation How set? Manufacturers or importers Manufacturers Who is liable to pay levy? No Operator fee? (a) (b) On media? Which? (a) (b) Levy on devices? Which? Section 19 (1) of the 2005 Copyright Law covers private copying. Section 27 (1) provides for a device copying. Section 27 (1) provides 2005 Copyright Law covers private Section 19 (1) of the by By §27 (3) the levy is to be collected to be set by government regulation. tariffs and media levy with CMO. to the right holders by an authorized and by §27 (7) it must be distributed the customs service, the levy on from for a TI share these provide passed in 2010. Although were Implementing regulations can be and TI works, the levy on devices which to copy both A/AV devices and media which can be used been implemented. used to copy TI works only has not yet What copying is covered? • • • • • Tariffs • • • • • Scope of levy One authors’ association, one publishers’ associations, one journalists’ one publishers’ associations, One authors’ association, association, one photographers’ 8000. approx. right holders represented artists association. Total association, one visual Members: Members: 76 International Survey on Text and Image Copyright Levies 2015 Edition • • categories ofrightholdersinaccordance withtheseregulations. CopyGhana distributesitsshare ofthelevyremuneration tothememberassociationsrepresenting different 19. • Distribution • • • • Collections None Social andculturaldeductions 30% Administrative deductions (3) (2) (1) Summary ofdistributionschemeregarding levies but thisisnotcommoninGhana.There isnorefund scheme. There is provision in Article 17 for devices or media destined for re-export to be exempted from the levy, Summary ofexemption/refund scheme N/A asthelevyiscollectedbycustomdivisionofGhanaRevenueAuthority How doestheCMOgetdatatochargelevies? €0.018 Total collections per capita 2014 €467,834.66 Total levycollections: Each societyshallsetoutrulestodistributetheallocation madetothesocietyitsmembers. (c) (b) (a) to besharedasfollows: The Ministershalldistributetheremainingseventypercentequallyamongvariousrightsgroups (d) (c) (b) (a) The Ministershalldistributetheleviescollectedinfurtheranceofregulation14asfollows: (ii) twenty-eightpercenttopublishers. (i) forty-twopercenttoauthorsincludingvisualauthors; and worksrights for holdersofliterary (iii) fourteenpercenttoauthorsofaudio-visualworks; (ii) twenty-onepercenttoperformers;and (i) thirty-fivepercenttoproducers; for holdersofaudio-visualworksrights; (iii) twenty-onepercenttoperformers; (ii) twenty-onepercenttoproducers;and (i) twenty-eightpercenttocomposersorpublishers for holdersofaudioworksrights, six percenttotheCopyrightOffice. and four percenttotheCustomsExciseandPreventiveService, ten percentfortheadministrativepurposesofcollectivesocieties societies ten percentforculturalactivitiestobecollectivelyadministeredbythecollectiveadministration Section 19oftheCopyrightRegulations2010providesasfollows: Distribution ofleviespaid International Survey on Text and Image Copyright Levies 2015 Edition77 – with the – and at 4% of at – and Reproduction for Private Use Reproduction for when technical means are used to reproduce a fine art work which circulates in a restricted when technical means are used to reproduce is a graphical representation of a musical work. number of copies, or when the reproduction when the reproduction is an architectural work in the form of a building or similar construction; when the reproduction is an architectural (b) (a) If, for the free reproduction of the work, use is made of technical media, such as recording equipment If, for the free reproduction of the work, equipment or parts incorporated or not in the main computer for sound or image or sound and image, used solely for digital reproduction or digital transcription unit operating in conjunction therewith, exception of printers), magnetic tapes or other devices for the to or from analogue media (with the and image, including digital reproduction devices – such as reproduction of sound or image or sound a capacity of more than 100 million digits (over CD-R, portable optical magnetic discs with CD-RW, than 100 million digits (less than 100 MB) – photocopy 100 MB), storage media/diskettes of less is due to the creator of the work and the equitable remuneration machines, photocopy paper, The exported. be to assets of exception the with provision, under this rights related of beneficiaries or sound sound or image reproduction of for the the devices the value of of at 6% is set remuneration not incorporated or not susceptible to incorporation in the and image, including devices or parts of scanners), magnetic tapes or other devices suitable for the main computer unit (with the exception reproduction devices as digital image as well or sound and of sound or image reproduction 100 MB) than (less 100 million digits than of less storage media/diskettes of exception media (diskettes) with the value of the photocopy machines, scanners, photocopy paper and storage is calculated on event, the value digits (less than 100 MB). In any a capacity of less than 100 million of such The remuneration is paid by the importers or producers import or distribution from the factory. with the approval of items and is noted in the invoice; it is collected by collecting societies operating the Ministry of Culture and covering in whole or in part the concerned category of beneficiaries. The storage photocopy paper, remuneration collected for the import or production of photocopy machines, in half between the is distributed digits and scanners (4%) media (diskettes) of less than 100 million of recording production import or the for collected The remuneration and editors. creators intellectual not incorporated in the devices and sound or image or sound and image devices, devices and parts media storage of exception the with devices, reproduction digital as well as (6%), unit computer main to the intellectual creators, (diskettes) of less than 100 million digits, is distributed as follows: 55% of recorded magnetic tapes 25% to the performers or performing artists and 20% to the producers or other recorded devices for sound or image or sound and image. Without following paragraphs, it shall be permissible to the provisions laid down in the prejudice without work for his own private use, a reproduction of a lawfully published for a person to make by an term ‘private use’ shall not include use author and without payment. The the consent of the enterprise, a service an organization. or for private use shall not apply when the act of reproduction is The freedom to make a reproduction legitimate interests, of the work or to prejudice the author’s likely to conflict with normal exploitation and notably: Greece The concept of ‘photocopying machines or devices’ also includes any multi-machine capable of The concept of ‘photocopying machines or devices’ also includes any reproduction by photocopy. (3) 1 of law 3049/2002. As amended by article 14 par. (1) (2)

18. Copyright Act 1993 as amended Copyright Act 1993 Legal basis for levy 3.1.10 78 International Survey on Text and Image Copyright Levies 2015 Edition • • Tariffs • • • • • Scope oflevy 4,220 writersand679publishers Members: www.osdel.gr 10683 Athens 73, ThemistokleousStreet, Greek CollectingSocietyforLiteraryWorks OSDEL Text andimage: RRO(s) administeringlevy (b) (a) Tariffs perdevice(EUR): In primarylegislation/copyrightlaw How set? Manufacturers, importersorintra-communalacquirers Who isliabletopaylevy? No Operator fee? (b) (a) On media?Which? (b) (a) Levy ondevices?Which? Private use What copyingiscovered? PCs –until2002 100%ofthelevyallocated toTIworks,now0% Devices whichcanbeused to copybothaudio/audio-visualandTIworks:share ofTIworks MF machines:4%ofimport price Printers: N/A Scanners: 4%ofimportprice Fax machines:N/A Copiers: 4%ofimportprice Devices whichcanonlybeusedtocopyTIworks As fordevices Media whichcanbeusedtocopybothaudio/audio-visualandTIworks Copying paper Media whichcanonlybeusedtocopyTIworks There iscurrent mobilephonesandsmart litigationconcerning There isaprivatecopylevyonvariousotherdevicesbutthisdistributedforA/AV worksonly PCs –theoretically applicabletoTIworks,but0%since2002,havingbeen100%upthattime. Devices whichcancopybothaudio/audio-visualandTIworks Photocopiers, MFmachines,scanners Devices whichcanonlycopyTIworks International Survey on Text and Image Copyright Levies 2015 Edition79 the total value of the sound or visual or audio-visual recording equipment, the sound or visual the total value of the sound or visual computers or other machines, photocopier paper, or audio-visual recordings, photocopier made available and technical means used for the reproduction of sound which he imported or (b) that this is the real total value, without any omissions. Within one month from the notification, the debtor is obliged to submit the said statutory statement to the Copyright if a personal enterprise, or the statutory Organization which should be signed by the debtor, representative, if a company. 0.83 3.11 2.50 2.88 1.99 2.57 The collecting societies are not entitled to request the same debtor to submit a new statutoryThe collecting societies are not entitled to request the same debtor to the previous one. statement before the lapse of at least six months from the submission of If the debtor does not comply with the obligation to submit the statutory referred to above, statement may order the immediate the one-member district court, by the procedure of injunction measures, submission of the statutory statement; in case of non-compliance, a pecuniary fine of one to ten million drachmas will be imposed in favor of the applicant collecting society. not comply with the debtor does If within twenty days from the publication of the said court order, the obligation to submit the statutory is lifted regardless of statement, the time limit of six months submission of a statutoryany other sanction, and the collecting society is entitled to request the statement every for every month. In this case, the provisions of the previous paragraph apply statutory statement. to request the investigation of the accuracy at its own cost, is entitled Every collecting society, of the contents of any statutory by the Copyright statement by a certified accountant appointed the one-member Organization. In case the debtor refuses to comply with the said investigation, accountant certified report of the above. The with the in accordance it to may order court district notification, to declare by written notification, to declare Every at any time any debtor, collecting society is entitled to request of Law 1599/1986 to the Copyright Organization: the following by statutory statement (a) (b) Media which can only be used to copy TI works Media which can only sale price import price or manufacturer’s Copy paper: 4% of and TI works used to copy both audio/audio visual Media which can be allocated to A/AV Only CDs levied: 100% (6) (7) (8) (5) (4) CMOs are entitled to request those liable to pay the levy to provide a statutory statement under §18 (4) a statutory statement under §18 those liable to pay the levy to provide entitled to request CMOs are of the Copyright Act – How does the RRO get data to charge levies? How does the RRO get data to charge 2012 €0.022 Total collections per capita Total 2013 2012 2011 2010 2009 2014 Total levy collections for last six years (EUR million): levy collections for last six years (EUR Total The levy is shown on invoices through the supply chain invoices through The levy is shown on Visibility of the levy (a) (b) Tariffs per medium Tariffs • • • Collections • • 80 International Survey on Text and Image Copyright Levies 2015 Edition • • • Distribution • OSDEL alsoobtainsdatafrom marketresearch organizationsasacross-check Legal basisforlevy 3.1.11 None Social andculturaldeductions 17% Administrative deductions availability. which provide for title-specific distribution toindividual authorsandpublishers on thebasis ofobjective The author-publisher splitissetbylawat50:50.Otherwisedistributionaccording totherulesofOSDEL, Summary ofdistributionschemeregarding levies than privatepurposescanclaimarefund. The levyischargedonalldevicesenteringtheGreek market,butenduserswhouseadeviceforother Summary ofexemption/refund scheme (5) (4) (3) (2) (1) Hungary collecting societies. There cannot be carried out a new investigation for the same statement at the request of other is submittedtotheCopyrightOrganizationandeachcollectingsocietyentitledreceiveacopy. for exportpurposes. The obligationtopayremuneration shallnotapplytothecasewheredeviceisput intocirculation for customsaccordingtoapplicable legalregulations. of thedevicesuitableforreprography, or, incaseofadevicemanufacturedabroad,2%the value The remunerationreferredtoinparagraph(1)shallnot exceed2%ofthemanufacturingissueprice the operationincaseofitsuseforaconsideration. particular, themannerofusedeviceanditsoutputcharacteristics,aswellplace of administration of rights. When determining the said remuneration, it shall take due account of, in The remunerationreferredtoinParagraph(1)shallbeset bytheorganizationperformingcollective regulation. The specificationofthedevicesthatmaybeusedfor reprography shallbedeterminedbyaspecial performing thecollectiveadministrationofrights. also obligedtopayremuneration.Inbothcasestheremuneration shallbepaidtotheorganization shall bejointlyliable.Inaddition,thepersonoperatingreprographicdeviceforaconsiderationis joint liability. Forthepaymentofremuneration alldomesticdistributorsofthedeviceconcerned customs duties–bythepersonwhoimportsdeviceanditsfirstdomesticdistributorunder by thepersonobligedunderlawtopaycustomsduties,or–inabsenceofobligation 20(2), bythemanufacturerofdevicesuitableforreprography, inthecaseofmanufactureabroad copying. Theremunerationshallbepaid,withinthedeadlineindicatedinthirdsentenceofArticle to asbyreprography)shallbeduepaidfairandequitableremunerationonprivate-purpose reproduced byphotocopyingorinlikemanneronpapercarrier(hereinafterjointlyreferred The authorsoftheworksandpublishersthereofinformbook,orperiodicalswhichare Copyright Law1999asamended Article 21 International Survey on Text and Image Copyright Levies 2015 Edition81 Media which can only be used to copy TI works N/A Media which can be used to copy both audio/audio-visual and TI works private copying levy and collected by ARTIJUS subject to the but this is for The following media are audio/audio-visual private copying only: USB sticks cards, discs, memory CDs, DVDs, BR discs, hard Devices which can only copy TI works Copiers, printers, MF machines Devices which can copy both audio/audio-visual and TI works private copying levy and collected by ARTIJUS subject to the but this is for The following devices are audio/audio-visual private copying only: mobile phones, smart phones Tablets, Of the amount of the royalties collected that remains after the deduction of the expenses, forty per of the expenses, remains after the deduction collected that of the royalties Of the amount twenty- Of the remaining sixty per cent, the publishers of books and periodicals. cent shall be due to per cent to and scientific works, twenty-five be due to the authors of non-fiction five per cent shall literarythe authors of other authors of works of fine arts and artistic works and ten per cent to the transferred to the organizations performing shares of the remuneration shall be photographs. These right holders. of rights of the interested the collective administration agreed otherwise unless applied be shall (5) Paragraph in determined proportions distribution The trade administration of rights and the organizations performing the collective between the affected 31 of every right holders concerned before March organizations of the year. organizations the by to remuneration their claims enforce only may publishers and authors The of their rights, and they may renounce their remuneration performing the collective administration distribution and to the extent of the amount due to them. only with effect following the date of (a) (b) On media? Which? (a) (b) Levy on devices? Which? §33–35 of the Hungarian Copyright Act provides for exceptions re private copying for exceptions re §33–35 of the Hungarian Copyright Act provides What copying is covered? (7) (8) (6) • • • Scope of levy four associations: (musical authors and publishers) ARTISJUS MASZRE (book authors and publishers) (visual artists) HUNGART REPRPRESS (newspaper and periodical publishers) Members: Members: Text and image works: and image works: Text HARR Rights Hungarian Alliance of Reprographic Pálya u. 4-6 Budapest 1012 www.reprografia.hu CMO(s) administering levy 82 International Survey on Text and Image Copyright Levies 2015 Edition • • Collections (1EUR=310HUF) • • • • • Tariffs • • 2014 0.585m. Total device/mediacollections 2014 1.095m. Total levycollections(EURmillion): No legalobligationtoincludethelevyoninvoices ofthelevy Visibility Others: Libraries andpublicinstitutions: Higher education: Retail shops: Copy shops: (Per machinepermonth,dependingonlocationandspeed) Operator feetariff(s) (1EUR=310HUF) (b) (a) Tariffs permedium (b) (a) Tariffs perdevice(EUR): the collectingCMO,butare subjecttoapproval bytheMinisterofJustice. In thecaseofequipmentlevyupperlimittariff issetbylaw. Otherwisealltariffs are setby How set? Manufacturers, importersorintra-communalacquirers Who isliabletopaylevy? Yes, butonlypayablebyinstitutionswhichmakecopymachinesavailabletothepublicagainstpayment Operator fee? CDs, DVDs,BRdiscs,hard discs,memorycards, USBsticks audio/audio-visual privatecopyingonly: The followingmediaare butthisisfor subjecttotheprivatecopyinglevyandcollectedbyARTIJUS Media capableofcopyingbothA/AV worksandTI N/A Media capableofcopyingTIworksonly N/A Devices capableofcopyingA/AV andTIworks MF machines:2%ofimportprice Printers: 2%ofimportprice Scanners: N/A Fax machines:N/A Copiers: 2%ofimportprice Devices capableofcopyingTIworksonly €2.60 to9.70 €3.90 to12.00 €26.50 €2.90 to29.70 €6.50 to39.70 International Survey on Text and Image Copyright Levies 2015 Edition83 Article 22 The commercial manufacturer of the blank audio visual and audio carrier as defined in Article 20 as defined in Article of the blank audio visual and audio carrier manufacturer The commercial 21, the person obliged under the law to pay custom duties and of device as defined in Article of distributor domestic first the and importer the as well as device, and carrier such importing for the tenth day of everysuch carrier and device, is obliged, before calendar month, but at the latest Art. 20 (2), to inform the organization performing collective within the deadline provided for by imported or put into circulation, as well as about the types administration of rights on the quantity performing the collective administration of rights may of such carriers and devices. The organization relating to the putting into circulation and on the sources request further information on the figures those operating reprographic devices for a consideration to of procurement; and it may request provide further particulars necessary the fair amount of remuneration. for determining meeting of, the obligation to provide information or The failure to meet, and even the incomplete by the provision of Paragraph (1) a lump sump for covering particulars and to supply data as required the collective administration of rights is to be paid in the expenses of the organization performing remuneration as the the same amount be of sum shall which lump due, to the remuneration addition due to be paid. None Social and cultural deductions 20% Administrative deductions The author-publisher split is determined by national law. Subject to that, the rules of HARR determine the split is determined by national law. The author-publisher rules. to their own according allocation to the member CMOs, which each distribute the money further Summary of distribution scheme re levies Summary of distribution scheme re The Copyright Act provides for exemption in case of re-export. However as the main distribution centers However as the main distribution centers in case of re-export. for exemption The Copyright Act provides device is imported and few claims arise in practice. If a located outside Hungary, are for central Europe HARR. The amount of successful from importer can claim a refund the original later sold cross-border invoice to that company. in the next monthly claims is then credited Summary of exemption/ refund scheme Summary of exemption/ refund (2) (1) As to the equipment levy, manufacturers, importers and other distributors are obliged to report to HARR. obliged to report are importers and other distributors manufacturers, levy, As to the equipment provides: The Copyright Law How does the RRO get data to charge levies? How does the RRO EUR 0.1 Total collections per capita Total 2014 0.510 m Total Operator fee collections Operator Total • • • Distribution • • • • 84 International Survey on Text and Image Copyright Levies 2015 Edition • • • • • Scope oflevy a onethird share ispassedtoAssociationLATGA asrepresenting authors,asrequired bylaw. The levyondevices/mediawhichcancopybothA/AV andTIworksiscollected byAGATA, www.agata.lt and audio-visual works,961visualartsauthors,sevencollectivemembers 4256 rightholders:2049musicworksauthors,publishersandlyricists;1239authorsofdramatic,literary Members: www.latga.lt 0118 Vilnius J. Basanaviciausstr. 4B Agency ofLithuanianCopyrightProtection Association Association LATGA (IFRROmember) Text andimage: RRO(s) administeringlevy Copyright Law2012asamended;regulations onreprography remuneration February62002 Legal basisforlevy 3.1.12 Wholesale distributors Manufacturers, importersorintra-communalacquirers Who isliabletopaylevy? libraries whichprovide copyingservicesagainstpayment. Yes (collected by Association LATGA). Copy shops, schools, universities, further education institutions, Operator fee? (b) (a) On media?Which? (b) (a) Levy ondevices?Which? Private use What copyingiscovered? Lithuania CDs, DVDs,hard discs,memorycards, USBsticks(collectedbyAGATA) Media whichcanbeusedtocopybothaudio/audio-visualandTIworks No Media whichcanonlybeusedtocopyTIworks smart phones(collectedbyAGATA) MP3/MP4players,mobilephones, BRburners, DVDBurners, PCs, tablets,EReaders,CDBurners, Devices whichcancopybothaudio/audio-visualandTIworks Copiers, MFmachines(collectedbyAssociationLATGA) Devices whichcanonlycopyTIworks International Survey on Text and Image Copyright Levies 2015 Edition85 Levy in percentage 1.8–2.00% 1.8% 1.9% 2.00% 2.7–3.00% 2.7% 2.85% 3.00% 0.6–0.7 % 0.6 % 0.65 % 0.7 % 0.9–1.00 % 0.9 % 0.95 % 1.00 % Capacity (from 12 to 23 copies per minute) (from 12 to 23 copies per minute) (from 24 to 45 copies (from 46 to 90 copies per minute) (from 12 to 23 copies per minute) (from 24 to 45 copies per minute) (from 46 to 90 copies per minute) (from 12 to 23 copies per minute) (from 24 to 45 copies per minute) (from 46 to 90 copies per minute) (from 12 to 23 copies per minute) (from 24 to 45 copies per minute) (from 46 to 90 copies per minute) Equipment Non color copiers Color copiers Multifunctional devices making black and white copies Multifunctional devices making color copies 2014 €0.017678 Total collections per capita Total 2014 €16,022 Total operator fee collections Total 2014 €35,762 Total device/media collections Total 2014 €51,784.35 Total levy collections Total There is a legal obligation to show the equipment levy on the invoice from the first seller from is a legal obligation to show the equipment levy on the invoice There Visibility of the levy From €0.72 to €8.44 per copier depending on capacity From Operator fee tariff(s) Tariffs per device (%) (translation reproduced by kind permission of Association LATGA): by kind permission of reproduced per device (%) (translation Tariffs In primary legislation How set? 1. 2. 3. 4. • • • • Collections • • Note: The rate is determined as a percentage of (as provided in this Annex) reprographic facilities sold in civil circulation in the Republic sold in civil circulation facilities reprographic in this Annex) of (as provided Note: The rate is determined as a percentage the first sale price to the territory of the Republic of Lithuania from in the Republic of Lithuania or brought of Lithuania, manufactured taxes. before • • Tariffs 86 International Survey on Text and Image Copyright Levies 2015 Edition • • • Distribution • • Act of4February1994oncopyrightandrelated rights,asamended,Article20and Legal basisforlevy 3.1.13 Article 23. 1. March 2003(authorizingCopyrightPolska,formerly knownasPolskaKsiążka). of the Minister of Culture and Arts 16 August 1995 and 20 November 2003 (authorizing KOPIPOL) and 10 support ofrightholders. The lawrequires 25%ofthelevycollectionstobepassedMinistryCulture, whichusesitforthe Social andculturaldeductions 35% Administrative deductions (Text-image share 8%of authorshare, 2.66%share oftotallevy) Drama authors Text authors Image authors Audio/audio-visual authors Music authors from AGATA, isdistributedbyAssociationLATGA as follows,onthebasisofpopulationsurveys: The levyremuneration from devicesandmediawhichcanbeusedtocopyA/AV andTIworks,received Publishers 40% Journalists Image authors Fiction authors Non-fiction authors shares: only beusedtocopyTIworks,andtheoperatorfee,isdistributedbyAssociationLATGA inthefollowing bylegislationandtherulesofAssociationLATGA.Distribution isgoverned Thelevyondeviceswhichcan Summary ofdistributionschemeregarding levies accounted for1.57%ofcollectionsin2014. The levycanberefunded byAssociationLATGA onre-export orprofessional use.However thisonly Summary ofexemption/refund scheme Through theobligationonmanufacturers andimporterstoreport containedinthecopyrightlaw How doestheRROgetdatatochargelevies? Poland 2. purposes. of workunlessthisapplies to one’s ownscientificuse notconnectedwithanyprofit-gaining and urbanplanningworks touseelectronicdatabasespossessingthefeatures ofapiece to buildconstructionsaccording tootherauthors’architecturalworksaswell architectural purposes ofpersonalusewithoutthepermission author. Thisprovisionshall notauthorize It shallbepermittedtousefreeofchargethework havingbeenalreadydisseminatedfor personal relationships, andinparticularany consanguinity, affinity orsocialrelationship. The scopeofpersonaluseshall includeuseofsinglecopiesworksbyacirclepeople having 1% 3% 5% 24% 67% 10% 15% 15% 20% Poland 1994(2010):WIPO 1 . Decisions International Survey on Text and Image Copyright Levies 2015 Edition87 50% – to artists; 25% – to artistic performers; 25% – to producers of phonograms. 35% – to artists; 25% – to artistic performers; 40% – to producers of videograms. 50% – to artists; 50% – to publishers. (2) (3) (1) (2) (3) (1) (2) (1) The amount received in the form of fees from the sale of video recorders and other similar other and recorders video of sale the from fees of form the in received amount The thereto, shall be distributed as follows: devices as well as blank carriers related as well as devices reprographic of the sale from fees of the form in amount received The distributed as follows: blank carriers related thereto, shall be having The Minister competent for culture and protection of the national heritage, artistic consulted collective management organizations, associations of authors, videograms and performers, organizations of producers of phonograms, producers of and blank publishers as well as organizations of producers or importers of the devices devices of categories regulation: of a way by define, shall 1, paragraph in listed carriers of capacity the of basis the on 1, paragraph in to referred fees the as well as carriers and functions other a device and carrier to reproduce works, and the designed use thereof for the fees as well than reproduction of works, the manner of collection and distribution of as the collective management organizations authorized to collect such fees. The amount received in the form of fees from the sale of tape recorders and other similar The amount received in the form of fees thereto, shall be distributed as follows: devices as well as blank carriers related 3. 4. 5. of tape recorders, video recorders and other similar devices; of tape recorders, devices which allow to make copies and other similar reprographic of photocopiers, scanners published work; of all or a part of a use, works or objects of related for fixing, within the scope of personal of blank carriers used 1 and 2 – shall be obliged to pay of the devices listed in subparagraphs rights, with the help the benefit of act to 5 which in paragraph specified management organizations to collective videograms, and publishers, fees at producers of phonograms and artists, artistic performers, those devices and carriers. of the amount due from the sale of not more than 3% 2. Any person who is in possession of any reprographic devices and conducts economic activities economic conducts and reprographic devices any of possession in is who person Any shall be obliged within the scope of reproduction of works for the personal use of third parties, generated to 3% of proceeds fees at up management organization, a collective through to pay, is done on the basis from such activities, to authors and publishers, unless the reproduction publishers in Such fees shall be paid to authors and of a contract signed with a right holder. equal parts. The Minister competent for culture and protection of the national heritage, having consulted The Minister competent for culture and protection of the national heritage, as well as collective management organizations, associations of authors and publishers the fees referred to in respective chamber of commerce, shall define, by way of a regulation, use in all of the paragraph 1, taking into account the share of works reproduced for personal designate as well as fees the of distribution and collection of the manner materials, reproduced such fees. the organization or collective management organizations authorized to collect (1) (2) (3) 2. . 1. 1

Article 20

Article 20. 1. Producers and importers: 1. Producers and Article 20. 88 International Survey on Text and Image Copyright Levies 2015 Edition SW Repropol (notIFRROmember) Press material: 12 authorassociations,35publisherassociations Members: www.copyrightpolska.pl 31-047 Krakow Ul. Sarego 2 Copyright Polska(formerlyasKsiążka) Text andimage: 75 authorassociations,fourpublisherassociations Members: www.kopipol.pl 25-312 Kielce Warszawska 30lok.19 KOPIPOL Text andimage: RRO(s) administeringlevy • • • Scope oflevy Press Publishers)ofitsshare oftheleviestoSWRepropol. directors ofCopyrightPolska,takingintoaccounttheresults of annualprivatesurveysundertakenjointlywiththePolishChamber SW Repropol, CopyrightPolskatransfersca.30%(theexactfigure dependsoftheannualsplitschemeapproved bytheboard of Art. 20.4ofthePolishCopyrightActbyMinistryCulture andNationalHeritage.Byagreement betweenCopyrightPolskaand Note: equipmentandoperatorfeesare collectedbyKOPIPOLandCopyrightPolska,eachaccountingfor50%ofthelevies,assetin (b) (a) On media?Which? (b) (a) Levy ondevices?Which? Private use What copyingiscovered? lobbying forashare inthislevy. Polska, butbyCMOsrepresenting rightholdersintheaudio-visualsector. TheTIRROsare currently cards, andUSBsticks, butthere isnoTIshare. ThislevyisnotcollectedbyKOPIPOLorCopyright The audio/audio-visualprivate copyinglevyappliestoCDs,DVDs,Blu-raydiscs,hard discs,memory Media whichcanbeusedto copybothaudio/audio-visualandTIworks A3 andA4paper. Media whichcanonlybeusedtocopyTIworks in theaudio-visualsector. This levyisnotcollectedbyKOPIPOLorCopyrightPolska, butbyCMOsrepresenting rightholders andMP3players. DVDburners, The audio/audio-visualprivatecopyinglevyappliestoCD burners, Devices whichcancopybothaudio/audio-visualandTI works reprographic devices’thatmaybe usedtomakecopiesofapartorwholepublishedwork. Art. 20.1.(2)oftheCopyrightActprovides foralevyon‘photocopiers,scannersandothersimilar Copiers, faxmachines,scanners,printers,MFdevices,largeformatdevices. Devices whichcanonlycopyTIworks International Survey on Text and Image Copyright Levies 2015 Edition89 Copyright Polska: 2.23 Copyright Polska: 2.21 Copyright Polska: 2.34 3% of sales price 1–2% of sales price 2–3% of sales price 1.5% of sales price 2.8–3% of sales price up to 1% of sales price KOPIPOL: 2.09 4.35 4.31 KOPIPOL: 2.19 4.53 KOPIPOL: 2.12 up to 25%: 1% of copying turnover 26–75%: 1.5% of copying turnover over 75%: 3% of copying turnover − − − − − − Depends on the proportion of copyright-protected material in total material copied in a copy shop: of copyright-protected Depends on the proportion Operator fee tariff(s) Printing paper: 1.25% of sales price Fax machines: Scanners: Printers: MF devices: Large format devices: medium per Tariffs Copiers: Tariffs per device (EUR): per Tariffs By the Minister of Culture and National Heritage. and National Heritage. By the Minister of Culture How set? Producers and importers of devices and media which can be used to make copies for private use. can be used to make copies for private importers of devices and media which and Producers Who is liable to pay levy? Who is liable to pay The law provides for any person who makes a copying device available to third parties for copying for copying for parties third to available device copying a makes who person any for provides law The shops. copy collected from the operator fee. In practice this is only private use to pay Operator fee? Operator 2014 Total device/media collections for last six years (EUR million) Total 2013 2012 4.64 2011 1.80 2010 1.39 2009 0.76 Total: Total: Total: Total: 2014 Total levy collections (EUR million): Total There is no legal obligation to show the levy on invoices. There Visibility of the levy • • • • Tariffs • • • • Collections • 90 International Survey on Text and Image Copyright Levies 2015 Edition • 1985 Copyright Law and Law 62/98, of September 1 Legal basisforlevy 3.1.14 decree. Anextensive rangeoftariffs wasset bytheamendmentofJune2015(No.49/2015). use exceptionsubjectbyArticle 82toalevyondevicesandmedia,withtariffs tobeestablished byexecutive centers orscientificinstitutions subjecttoequitable remuneration (operatorfee).Article81 provides aprivate Article 75oftheCopyrightLawpermitsreproduction bypubliclibraries,non-commercial documentation • • • • Distribution • • 2014 KOPIPOL: Total Operatorfee collections 2014 KOPIPOL: Total collections percapita Total: None madebyKOPIPOLorCopyrightPolska. Social andculturaldeductions Copyright Polska: KOPIPOL: Administrative deductions and 30%topress (SWRepropol). Copyright PolskaandSWRepropol, 70%ofthepublishershare isallocatedtobooks(CopyrightPolska) Copyright Actprovides fora50:50author-publisher splitoflevyremuneration. Byagreement between authorization andsupervisionbytheMinisterofCulture andNationalHeritage.Article20.4of the The distribution scheme is determined by the CMOs administering the levy, which are subject to Summary ofdistributionschemeregarding levies under theprovisions oftheCivilCoderelating tounjustenrichment. There isnoprovision forexemptionorreimbursement inthelegislation,butarefund could beclaimed Summary ofexemption/refund scheme to documents,determineremuneration owedbyliableparties. Under Article105.2oftheCopyrightAct,CMOsmaydemandsubmissioninformation,andaccess How doestheRROgetdatatochargelevies? Total: Portugal 2013 12.88% 2014 12.77% 2013: 10% 2014: 10% €42,000 €0.113 €23,000 €0.055 Copyright Polska:€19,000 Copyright Polska:€0.058 st , as last amended in 2015 by Law 49/2015, of June 5 th

International Survey on Text and Image Copyright Levies 2015 Edition91 Media which can only be used to copy TI works Media which can only be used to copy No, paper is specifically excluded Media which can be used to copy both audio/audio-visual and TI works as for devices Yes, Devices which can only copy TI works and excluded digital levy on analogue devices only, for a the legislation provided Until recently this meant that the equipment levy is not exist anymore, analogue devices hardly devices. As purely changed by the law passed in June 2015 which set tariffs being implemented. This situation was to private copying media in relation for a wide range of digital devices and and TI works Devices which can copy both audio/audio-visual has yet been assigned to the private copying of TI works however no share Yes, Manufacturers and importers. Manufacturers Who is liable to pay the equipment levy? Yes, for internal use by public libraries, non-commercial documentation centers, and scientific institutions. for internal documentation centers, and use by public libraries, non-commercial Yes, sold on a commercial use are copies for private Also applies to copy shops and other establishments where basis. Operator fee? (a) (b) On media? Which? (a) (b) Levy on devices? Which? Private use (equipment levy), internal use by public libraries, non-commercial documentation centers, Private use (equipment levy), internal by public libraries, non-commercial use scientific institutions (operator fee) What copying is covered? • • • • • Scope of levy two author and visual artists CMOs, one publisher CMO, total number of board members – three, total – three, members total number of board artists CMOs, one publisher CMO, two author and visual associations – seven number of member Members: Members: Text and image: and image: Text AGECOP (IFRRO member) Gestao da Cópia Privada Associacao para a Unidos da América, nº 94, 7º B Estados Avenida Lisbon 1700-178 www.agecop.pt RRO(s) administering levy RRO(s) administering 92 International Survey on Text and Image Copyright Levies 2015 Edition • Tariffs • • Distribution • • • Collections • Operator feetariff(s) • • By Law49/2015,ofJune5 How set? 2014: 2013: 2012: 16.89%(ofthetotal amountreceived) Administrative deductions is passedontotheCMOsrepresenting authorsand publishers inthisproportion. Law 49/2015ofJune5 Summary ofdistributionschemeregarding levies €6,735.45 (invoiced) Total operatorfeecollectionsfor2014 €10,072.71 (invoiced) Total operatorfeecollectionsfor2013 €27,149.23 (invoiced) Total Operatorfeecollectionsfor2012 N/A of thelevy Visibility 3% ofsalespricephotocopies whichsupportsthepromotionthe government, anddisseminationofculture. the excesswillbeallocatedtoPortugueseCulturalDevelopmentFund,apublicfundcontrolled by The lawofJune2015provides thatifinanyyearthetotaldeviceandmedialeviesexceed€15million, in mostcases. TI andA/AV works,partlybasedonperformanceorcapacitybutsubjecttoamaximumperunitof€15 The lawofJune2015introduced awiderangeoftariffs ondevicesandmediacapableofcopyingboth Tariffs perdeviceormediacapableofcopingbothTIanda/avworks Printers –Ink-jet: Scanners: €2 MF devicesorlaserphotocopiers: Multi-function devicesorink-jetphotocopiers:€5 Tariffs perdevicecapableofcopyingTIworksonly(EUR): 15.16% (ofthe totalamountreceived) 25.22% (ofthetotalamount received) – Laser: €7.5 €2.5 th provides foranauthor-publisher splitof50:50.Theoperatorfeeremuneration th

+ 40pagesperminute€20 up to40pagesperminute€10 International Survey on Text and Image Copyright Levies 2015 Edition93 of February 2014, Opera th Art. 34. Art. 107. It shall not be a violation of copyright, for the purposes of this law, the reproduction of a work, the reproduction It shall not be a violation of copyright, for the purposes of this law, consent for personal use or for use by a normal family circle, provided that the without the author’s not contravene to the work has already been disclosed to the public, while the reproduction does rights. normal use of the work or prejudice the author or the owner of the utilization on which reproductions of For the media on which sound or audio-visual recordings can be made or for copying, in the the works graphically expressed can be made, as well as for apparatus dedicated compensatorya (1), paragraph in for provided situation negotiation, by established remuneration shall be paid. according to the provisions of this law, or audio-visual recordings, The authors of works susceptible for being reproduced through sound for being reproduced on any kind of physical medium, as well as the ones of the works susceptible Romania (2) (1) (1) The law establishes an obligation to retain 20% for collective cultural purposes such as workshops, for collective cultural purposes such 20% an obligation to retain The law establishes of copyright. of public awareness promotion scholarships and the Social and cultural deductions Social and Scrisa.ro has been the collector of the remuneration. Scrisa.ro Scope of levy Note: until March 2012 the levy on devices/media capable of copying TI works only (copiers, scanners, multi-functional devices and 2012 the levy on devices/media capable Note: until March collected by PERGAM. Since the 24 that date these levies were printers) was collected by CopyRo. From Text Opera Scrisa.Ro (IFRRO member) Corp Boema 1 Boteanu Street, Sector 1, 010027 Bucharest www.operascrisa.ro Text CopyRo (IFRRO member) 5A Paleologu Street apt 3, floor, 3rd Sector 2 010616 Bucharest www.copyro.ro Text: Text: PERGAM 35, Voda Bd. Mircea Bl. M27, Sc 1. Et 6, apt 17, Sector 3, COD 030663 Bucharest www.pergam.ro CMO(s) administering levy CMO(s) administering Copyright Law 1996 as amended Copyright Law 1996 3.1.15 Legal basis for levy • 94 International Survey on Text and Image Copyright Levies 2015 Edition 3 http://www.orda.gov.ro/default.aspx?pagina=650&lang=en (9) (8) (7) (6) (5) (4) (3) (2) according totheproceedings providedforinArt.131. publishing date of the negation request in the Official Gazette of Romania, Part I and are carried out remuneration isowed,are convened bytheRomanianCopyrightOfficewithin 15daysfromthe The negotiations for the establishment of the list of physical media and devices for which such (c) (b) (a) in paragraph(6),asfollows: remunerationforprivatecopyisaprocentualquotafromthevalueprovided The compensatory and digitalsupports. physical mediaprovidedunderArt.34paragraph(2), as wellforA4papersheetsphotocopier The remunerations negotiated by the parties are in percentages and owed for the devices and producers, anditshallbepaidinthefollowingmonthofimportordateinvoicing. to theinvoicedvaluewithoutVAT, withtheoccasionofputtingintocirculationproductsby The remunerationsareinpercentagesandcalculatedatthevaluecustomforimporters,respectively devices andphysical media fromthegraphical field andtheyshall benegotiatedintwocommittees. separately forthedevicesandphysicalmediafromsoundaudio-visualfields as wellthequantaofremunerationsthataretobenegotiated.Thelistwillprepared Gazette ofRomania,PartI.accordingtotheRomanianCopyrightOfficegeneralmanager’s decision, containing thelistofphysicalmediaanddevices,applicationthatwillbepublishedinOfficial importers ofphysicalmediaanddevicesshallfilewiththeRomanianCopyrightOfficeanapplication paragraph (2)–(4),thecollectivemanagementorganizationsandassociationsofmanufacturers In view of initiating the negotiation in accordance with the procedures provided under Article 131 (b) (a) consisting of: twoyears,withinacommittee as wellthequantumofsuchremunerationisnegotiatedevery remunerationforprivatecopyisowed, The listofphysicalmediaanddevicesforwhichcompensatory and oftheSoleRegistrationCertificatewith Trade Registry, withinfivedaysfromtheirsubmittal. by theRomanianCopyrightOfficebasedonevidencesregardingobjectofactivitylegallystated obtaining oftheRegistrationCertificatefromRomanianCopyrightOffice.Thecertificateisissued outthesaidactivitiesofimportandproduction,subjecttoprior of PrivateCopyandmayonlycarry are boundtoregisterthemselveswiththeRomanianCopyrightOffice,NationalRegistry Importers and manufacturers of physical media and devices, provided for in Art. 34 paragraph (2), is ananalogicalordigitalone. physical mediaordevicesprovidedforinArt.34paragraph(2),regardlessofwhethertheprocedure remuneration for private copy shall be paidby the manufacturers and importers of Compensatory remunerationfortheprivatecopy.beneficiaries cannotwaivetherighttocompensatory remunerationfortheprivatecopy,compensatory inaccordancewithArticle34paragraph(2).The be entitled,togetherwiththepublishers,producersandperformers,ascasemaybe,to on paper, directlyorindirectly, undertheconditionsprovidedforArt.34paragraph(1)shall devices: 0.5%. other physicalmedia:3%; A4 papersheetsforphotocopier:0.1%; with RomanianCopyrightOfficeontheownresponsibility, ontheotherhand. the basisofturnoverandmarket-shareinrespectivefield,providedthattheyarestated of thefirstthreemanufacturersandimportersphysicalmediadevices,establishedon importers ofphysicalmediaanddevices,appointedfromthem,onerepresentativeeach one representativeforeachofthemainassociativestructuresmandatedbymanufacturersand ofrightseach,ontheonehand; category one representativeofeachmaincollectivemanagementorganizations,whichactivatefora 3 International Survey on Text and Image Copyright Levies 2015 Edition95 . . 4 5 Art. 107 Art. 107 in the case of physical media and devices for audio-visual recorded copies, by analogical in the case of physical media and devices divided in equal shares between the following proceeding, the remuneration shall be producers; categories: authors, performers and Repealed; proceeding, on any type of physical medium, the in the case of copies recorded by analogical shares between the beneficiaries corresponding to each remuneration shall be divided in equal according letters a), b) and c) and, within each category, of the three categories provided for in letters. to those established at the aforementioned in the case of physical media and devices for sound recorded copies, by analogical proceeding, in the case of physical media and devices be payable, in negotiable shares, to the authors and 40 per cent from the remuneration shall per cent shall be payable to performers and the remaining publishers of the recorded works, 30 of sound recordings; 30 per cent shall be payable to the producers In the case of paper recorded copies, by analogical proceeding, the remuneration shall be divided In the case of paper recorded copies, by analogical proceeding, the remuneration are distributed only in equal shares between authors and publishers. The due sums for publishers them which include through publishers associations, based on a protocol established between At distribution protocol the criteria for distribution as well the shares owed to each association. established by the negotiations only publishers associations shall take part fulfilling the conditions decision. Romanian Copyright Office general manager’s  (b) (c) (d) Compensatory a management organization sole collector for private copy is collected by remuneration collector recording and by another sole after sound and audio-visual for the works reproduced in accordance with the conditions paper, for the works reproduced from management organization two collective management organizations, Art. 133 paragraph (6)–(8). The provided for under the beneficiaryvote of majority through the are designated collective of sole collector, having duties second majority vote of those present, at the at the first summoning, or management organizations, with the designated by voting will file collective management organizations summoning. The have been in accordance with which they Office the minutes of the proceedings Romanian Copyright designated. Within shall appoint filing, the Romanian Copyright Office five work days as from the be published in the Official Gazette decision which shall the general manager’s the sole collector by of Romania, Part I. Compensatory collected by the sole collector management organizations remuneration for private copy follows: is distributed to the beneficiaries as (a) Devices which can only copy TI works Copiers, scanners, printers, multi-functional devices Devices which can copy both audio/audio-visual and TI works N/A (no TI share) ) 6 (1 (1) (1) (a) (b) Levy on devices? Which? Personal use and use within a family circle (see A 34 (1) above) Personal use and use within a family circle What copying is covered? http://www.orda.gov.ro/default.aspx?pagina=650&lang=en http://www.orda.gov.ro/default.aspx?pagina=650&lang=en http://www.orda.gov.ro/default.aspx?pagina=650&lang=en 6 4 5 • • 96 International Survey on Text and Image Copyright Levies 2015 Edition • Collections • • • • • Tariffs • • • 2014 0.244(PERGAM01.01–23.02 +OPERASCRISA24.02–31.12) 2013 finalamountundisclosed byPERGAM 2012 €167,000 Total levycollectionsfor(EUR): identification dataandthebasisfordetermining remuneration. the remuneration (private copy), thedevice/medium for whichthe remuneration is due,thegeneral There isnolegalobligationtoshowthelevy oninvoices,butinpracticeinvoicesshowtheobjectof ofthelevy Visibility N/A Operator feetariff(s) (b) (a) Tariffs permedium (b) (a) Tariffs perdevice(EUR): between theinterested parties,butthetariffs are setbylaw(seeA107(4)to(9)above). Under Article 107, as interpreted in Romania, the devices or media subject to levies are negotiated How set? Manufacturers, importersandintra-communalacquirers Who isliabletopaylevy? No Operator fee? (b) (a) On media?Which? N/A Media whichcanbeusedtocopyA/AV andTIworks:share allocatedtoTIworks Copy paper:0.1%ofimportprice Media whichcanonlybeusedtocopyTIworks N/A Devices whichcanbeusedtocopyA/AV andTIworks:share allocatedtoTIworks Multi-functional Devices:0.5%ofimportprice Printers: 0.5%ofimportprice Scanners: 0.5%ofimportprice Copiers: 0.5%ofimportprice Devices whichcanonlybeusedtocopyTIworks N/A (noTIshare) Media whichcanbeusedtocopybothaudio/audio-visualandTIworks Paper Media whichcanonlybeusedtocopyTIworks International Survey on Text and Image Copyright Levies 2015 Edition97 §24 Reproduction of work which was made public A natural person can without the consent of the author reproduce for his/her personal purposes and A natural person can without the consent of the author reproduce for his/her there is no obligation to not for direct or indirect commercial ends a work, which was made public; pay the remuneration to the author for such use. Slovakia (1) OPERA SCRISA.RO: none PERGAM: 10% COPYRO: none Social and cultural deductions OPERA SCRISA.RO 8% collector’s fee OPERA SCRISA.RO 8% collector’s PERGAM : 10% collector’s fee + 5% distribution fee PERGAM : 10% collector’s COPYRO: 10% (when COPYRO was the sole collector, but 5% in case of remuneration passed on by but 5% in case of remuneration the sole collector, COPYRO: 10% (when COPYRO was PERGAM) Under Romanian law, CMOs can only directly represent authors, but PERGAM distributes a 50% share a 50% share authors, but PERGAM distributes represent CMOs can only directly Under Romanian law, 10% is distributed to the CMO As to the authors’ share, to publishers via the publisher associations. has to be split as to 70% to PERGAM and 30% to The remainder visual artists (VISARTA). representing to a decision of the Appeal Court. CopyRo, according Administrative deductions The law requires the remuneration to be distributed as to 50% to authors and 50% to publishers. to be distributed as to 50% to authors the remuneration The law requires Summary of distribution scheme re levies Summary of distribution scheme re No levies are charged on goods in the duty-free zone awaiting re-export. Refunds are available on export available on Refunds are zone awaiting re-export. the duty-free charged on goods in No levies are to an EU state. Summary of exemption/ refund scheme Summary of exemption/ refund Through the Romanian Copyright Office which, as a governmental agency, has access to data from the the has access to data from a governmental Copyright Office which, as the Romanian agency, Through Authority for Fiscal Administration. Police and the National Frontier the Authority, National Customs the Romanian with must register manufacturers of the Copyright Law importers and Under Article 107 (3) of Private Copy. Copyright Office and the National Register How does the CMO get data to charge equipment levies? How does the CMO 2014 €0.012 2013 to be determined 2012 €0.007 Total collections per capita collections Total Copyright Act 2003 as last amended 2013 (unofficial translation reproduced by kind permission of LITA) reproduced Copyright Act 2003 as last amended 2013 (unofficial translation 3.1.16 Legal basis for levy • • • Distribution • • • 98 International Survey on Text and Image Copyright Levies 2015 Edition • • Scope oflevy behalf offourCMOs,includingLITA The privatecopylevyondevicesandmediawhichcanbothA/AV and TIworksiscollectedbySOZAon 2421 represented authorsincluding651whoare members Members: www.lita.sk Bratislava 1 Mozartova 9 LITA (IFRROmember) Text andimage: CMO(s) administeringlevy The CopyrightLawprovides (unofficialtranslation): Levy ondevices?Which? natural purposesonpaperorsimilarmedium(‘reprography’) §24 (1)covers private copying bynatural persons on any medium.§24 (2) coverscopying by legal or What copyingiscovered? (5) (4) (2) (1) (9) have therighttocompensationofremuneration. The authorofawork,whichcanbereproducedandpubliclydistributedaccordingtopar. (2),shall compensation ofremuneration. The authorofawork,whichcanbereproducedaccordingtothepar. (1),shallhavetherightto other technologicaldevice; public, bytransferringthisworkontothepaperorsimilarmediummeansofareprographic A natural or legal person can reproduce without the consent of the author a work, which was made (c) (b) (a) administration organization(§79)for remunerationaccordingtopar.The compensatory (4)and(5)shallbepaidthrough collective built inintothepersonalcomputer radiation or otherwise. It is in particular a copy machine, a scanner, a fax and a hard disc, which is A reprographicorothertechnologicaldeviceisareproducingbymeansofelectromagnetic import priceof theequipment;ifequipment ispartofanobject, thecompensationof of saleontotheSlovakmarket forthefirsttime,inamountof3%sale price or manufacturer, recipient,importerorotherpersonwhich placestheequipmentforpurposes reprographic orothertechnological equipmentformakingofreproductionsworks byits devices, Slovak marketforthefirst time, intheamountof3%salepriceorimport price ofsuch recipient, importerorotherpersonwhichplacesthedevice forthepurposesofsaleonto a deviceformakingreproductionsofsoundoraudio-visual recordingsbyitsmanufacturer, market forthefirsttime,inamountof6% sale priceorimportofthecarrier, ‘importer’) orotherpersonwhichplacesthecarrierfor thepurposesofsaleontoSlovak (hereinafter recipient fromamemberstate(hereinafter‘recipient’), importerfromthirdcountry a blankcarrieroftypeusuallyusedforreproductionaccording topar. (1)byitsmanufacturer, Definitions ofcertainnotions §24 §5 International Survey on Text and Image Copyright Levies 2015 Edition99 a personal computer by its manufacturer, recipient, importer or other person which places the recipient, importer or other person by its manufacturer, a personal computer market for the first time, in the for the purposes of sale onto the Slovak personal computer hard disc, which is built in into the the sale price or import price of the amount of 0.5% of according to let. c) is not paid, for this equipment the compensation personal computer; for these in amount of 3% from total income copying services payment by its provider, against services, remuneration is paid from a proportional part of the sale price or of the import price of this of the import price of the sale price or proportional part is paid from a remuneration object, Media which can only be used to copy TI works Media which can only be used to copy N/A audio/audio-visual and TI works Media which can be used to copy both flash discs (USB, UFS, MS, MSD and others); without problems: Levies collected (less or more) (SD, mini SD, CD, CD-RW and others); memory cards optical carriers (Blu-ray Disc, DVD, DVD-RW, disks (HDD, SSD and others) external SD, PCMCIA, MMC and others); hard micro (MD, HI- minidisc problems: or with more some manufacturers/importers Levies collected only from PC (HDD, SSD and others); Video disks – not built into the MD); internal cassettes (VHS, HDV, hard Hi-8, Digital 8, Mini DV and others) Devices which can only copy TI works Devices which can scanners, MF machines, printers. Copiers, fax machines, also for PCs, tablets and e-readers. collects levy on reprography LITA and TI works Devices which can copy both audio/audio-visual with function of Mini-system or microsystem without problems: Levies collected (less or more) of recording; with function USB or otherwise; MP3 a MP4 player; radio+recorder copying through USB or otherwise of copying through disc or function set top box with built-in hard Multimedia problems: importers or with more some manufacturers/ Levies collected only from or player with burning disc or with function of copying function or with internal hard recorder optical carriers burner external; optical carriers burner recorder; USB or otherwise; minidisc through USB disc or function of copying through internal with built-in hard – not built into the PC; smart TV phone or otherwise; tablet and mobile/smart disputed: smart TV Currently (d) (e) In the copyright law How set? Secondary responsibility: wholesale and retail distributors retail wholesale and Secondary responsibility: Primary responsibility: manufacturers, importers and intra-communal acquirers manufacturers, Primary responsibility: Who is liable to pay levy? Yes: where copy devices are made available against payment (currently only collected from copy shops only collected from against payment (currently made available copy devices are where Yes: including copy shops in libraries) Operator fee? (a) (b) On media? Which? (b) (a) • Tariffs • • • 100 International Survey on Text and Image Copyright Levies 2015 Edition • • • • Collections • • • • 2014€0.162 forreprography, N/Aforprivate copying(onlytheLITA share) 2013 €0.058forreprography, N/Aforprivatecopying(only theLITA share) 2012 €0.062forreprography Total collectionspercapita 2014€0.03 forreprography, N/Aforprivatecopying(onlytheLITA share) 2013 €0.03forreprography, N/Aforprivatecopying(onlytheLITA share) 2012 €0.03forreprography Total Operatorfeecollections 2014 €860,000forreprography, €115,000forprivatecopying(onlytheLITA share) 2013 €290,000forreprography, €105,000forprivatecopying(onlytheLITA share) 2012 €310,000forreprography Total device/mediacollections(EUR): 2014 EUR€890,000forreprography, EUR€115,000forprivatecopying(onlytheLITA share) 2013 EUR€320,000forreprography, EUR0.105forprivatecopying(onlytheLITA share) 2012 EUR€340,000forreprography Total levycollections(EUR): invoice totheend-user There isnolegalobligationtoshowthelevyoninvoiceseitherthroughout thesupplychain oronthe of thelevy Visibility 3% ofincomefrom copyingservices Operator feetariff(s) (b) (a) Tariffs permedium (a) Tariffs perdevice(EUR): literary, audio-visual,dramaticworksand ofvisualartsandphotography) collection forprivatecopying(share forallcategoriesofauthorsLITA represents, i.e.authorsof CDs, DVDS,BRdiscs,memorycards, usbsticks:Theshare iscontainedintheLITA share ofthejoint Media whichcanbeusedtocopyA/AV andTIworks:share allocatedtoTIworks literary, audio-visual,dramaticworksandofvisualartsphotography) collection forprivatecopying(share forallcategoriesofauthorsLITA represents, i.e.authorsof Theshare Blu-RayBurners: iscontainedintheLITA DVDBurners, CD Burners, share ofthejoint PCs: 0.5%oftheimport/salepricehard disc(100%allocationtoTIworks) Devices whichcanbeusedtocopyA/AV andTIworks:share allocatedtoTIworks MF machines:3%ofimportorsellingprice Printers: 3%ofimportorsellingprice Scanners: 3%ofimportorsellingprice Fax machines:3%ofimportorsellingprice Copiers: 3%ofimportorsellingprice Devices whichcanonlybeusedtocopyTIworks International Survey on Text and

Image Copyright Levies 2015 Edition101 Article 37 Right to remuneration upon photocopies made for sale, i.e. monthly on their probable number. upon the first sale or importation of new appliances for photocopying, and upon the first sale or importation of new blank audio or video fixation mediums. upon the first sale or importation of new blank audio or video fixation upon the first sale or importation of new appliances for sound or visual fixation, and upon the first sale or importation of new appliances for sound or visual For the purposes of this Act import shall be considered as the release of goods into free circulation free into goods of release the as considered be shall import Act this of purposes the For admission to the and as each in accordance with customs regulations of the European Community, territory of the Republic of Slovenia from other EU Member States. reproduction techniques, For the purposes of this Article, the term photocopying includes other similar enable getting the same to the term appliances for sound or visual fixation other appliances, which effect, are assimilated. 2. Remuneration under paragraph (1) of this Article, with respect to photocopying shall be paid: Remuneration under paragraph (1) of this Article, with respect to photocopying 1. 2. The author has a right to equitable remuneration for making a sound or visual fixation, and for or visual fixation, The author has a right to equitable remuneration for making a sound use, under Article 50 photocopying of his work, done within the scope of private or other internal of this Act. fixation shall be paid: Remuneration under the foregoing paragraph with respect to sound or visual 1. Slovenia (5) (4) (3) (2) (1) None Social and cultural deductions 25% Distribution is title and author specific and based on library lending statistics and recently published recently and statistics lending on library and based specific and author title is Distribution works. Administrative deductions Distribution of reprographic levies is according to rules of LITA. These provide for an author-publisher for an author-publisher These provide to rules of LITA. levies is according Distribution of reprographic is divided into 85% for the authors of text (24% periodicals, 76% non- split of 73:27. The authors’ share of images. periodicals), and 15% for the authors Summary of distribution scheme regarding levies Summary of distribution scheme regarding Exemption can be claimed provided this is in due time and supported by sufficient documentation this is in due time and claimed provided Exemption can be Summary of exemption/refund scheme Summary of exemption/refund There is an obligation in the copyright law, §24 (9) and (10) for the manufacturers or importers to report or importers to report for the manufacturers §24 (9) and (10) in the copyright law, is an obligation There Similarly, of imported or sold devices or media. quantity and import or sale price to the CMO the type, not fulfilled are copying services. If these obligations their total income from report copy shops have to and a secondary obligation on other distributors is doubled. This is backed up by the levy fee payable to assist the CMO. duty office and statistical office for the provision How does the RRO get data to charge equipment levies? to charge equipment the RRO get data How does Copyright and Related Rights Act Legal basis for levy 3.1.17 • • • Distribution • • 102 International Survey on Text and Image Copyright Levies 2015 Edition 82 membersand474right holders withtherighttoremuneration (whoare notmembersoftheRRO) Members: www.sazor.si Ljubljana 1000 Kersnikova 10a SAZOR Text andimage: RRO(s) administeringlevy (3) (2) (1) (6) (2) (1) persons, whenitisdirectlyrelatedtotheirdisability. right holders should be obtained,or 2. reproduction of authors’ works for the benefit ofdisabled purposes of:1.commercialreproductionofauthors’worksforwhichtheauthorization for suchappliancesorfixationmediawhichtheyhavesoldimportedthefirsttime The persons mentioned in paragraph (1) of this Article shall not be persons liable to pay remuneration to suchappliancesorfixationmediawhicharemadeforexportation. Manufacturers mentionedintheforegoingparagrapharenotliabletopayremunerationwithrespect luggage. (deminimisimports) media, unlesssuchimportsareintendedforprivateandnon-commercialuse,aspartoftheirpersonal againstpayment.Jointlyliablewithmanufacturersareimportersofappliancesandfixation services of blankaudioorvideofixationmedia;andholdersapplianceswhoareofferingphotocopying for soundorvisualreproduction;manufacturersofappliancesphotocopying; Persons liabletopayremunerationundertheforegoingArticleare:manufacturersofappliances life oftheauthor, andisnotsubjecttoexecution. The righttoremunerationunderparagraph(1)ofthisArticlemaynotbewaived,assignedduringthe it wasprovided,andshallnotdisclosetounauthorizedpersons. collecting society mayonlyusetheinformationobtainedforpurposewhich forthecalculationofremunerationdue.The photocopies sold,asisnecessary media, mentionedintheforegoingArticle,aswellsuchinformationabout submit informationaboutthetypeandnumberofsoldorimportedappliances of thisArticleshall,onrequestacollectingsociety, attheendofeachquarter for sale. color copies (double the amount of black-and-white copying); as well as for each photocopy made photocopying, depending on its capability (number of copiesper minute), and its capacity to make and visual fixation mediumdependingonthe possibledurationof thefixation;foreachappliance for design, doesnotrequireseparatemediumsforitsoperation(doubletheamount);eachsound sound fixationandeachapplianceforvisualfixation;whichduetoits The amountsmentionedintheforegoingparagraphshallbesetseparately:foreachappliance all personsentitledunderthisActshallbesetbytheGovernmentofRepublicSlovenia. The amountsofremunerationforprivateandotherinternalreproductionwhichbelongcollectively to Amount ofremuneration Persons liable Article 38 Article 39 (4) Personsmentionedinparagraph(1) International Survey on Text and

Image Copyright Levies 2015 Edition103 Article 4 Article 50 Private and other internal reproduction Private and other of 12 copies/pages per minute €8.34 of 13–36 copies/pages per minute €12.52 of 36–72 copies/pages per minute €20.86 of more than 72 copies/pages per minute €29.21 scanners, irrespective of number of copies €2.09 of 3 copies/pages per minute €2.09 to reproduce a graphic edition of musical work by means of handwritten transcription. to reproduce a graphic edition of musical to reproduce a written work to the extent of the whole book, if such work is out of print for a to reproduce a written work to the extent minimum of two years; on any other medium if this is done for private use, if the copies are not available to the public, public, the to available not are copies the if use, private for done is this if medium other any on economic advantage. and if this is not done for direct or indirect on paper or any similar medium by the use of a photographic technique or by some other process technique or by some other process medium by the use of a photographic on paper or any similar having similar effects; and (b) (c) (d) (e) (f) The amount of remuneration for photocopying to be paid upon the first sale or importation of new The amount of remuneration for photocopying to be paid upon the first the producer declaration, appliances for photocopying shall be for each appliance that, according to (fax machines, makes possible photocopying or reproduction by techniques similar to photocopying printers, photo-printers and other similar appliances): (a) Devices which can only copy TI works for private and other internal of remuneration government on amounts decree The current provides: reproduction 2. Publicly accessible archives and libraries, museums and educational or scientific establishments shall Publicly accessible archives and libraries, works from their own copies for internal use, provided that be free to reproduce, on any medium, economic advantage. this is not done for direct or indirect paragraphs shall not permitted with respect to written Reproduction according to the foregoing graphic editions of musical works, electronic databases works to the extent of the whole book, form of building of architectural structures, unless otherwise and computer programs, and in the provided by this Act or by contract. be permissible, under the conditions of paragraph (1): Notwithstanding paragraph (4), it shall 1. 2. Subject to Article 37, the reproduction of a disclosed work shall be free, if made in no more than work shall be free, if made in 37, the reproduction of a disclosed Subject to Article (2) or (3) are fulfilled. that the conditions of paragraphs three copies and provided be free to reproduce works: A natural person shall 1. (1) (a) Levy on devices? Which? (4) (5) (3) (2) (1) What copying is covered? • • Scope of levy 104 International Survey on Text and Image Copyright Levies 2015 Edition • • Collections • • • • • Tariffs • • • 2014: €146,000 2013: €118,000 Total equipmentlevycollections(EUR) 2014: €164,000 2013: €137,000 Total levycollections(EUR): There isnolegalobligationtoshowthelevy on anyinvoicesinthesupplychain ofthelevy Visibility decree,By article5ofthegovernment €0.004percopymadeforsaletonaturalpersons. Operator feetariff(s) (a) Tariffs permedium (b) (a) Tariffs perdevice(EUR): decree:By government seeabove How set? Manufacturers andimporters Who isliabletopaylevy? Yes –oncopiesmadeforsaletonaturalpersons(copyshops,libraries,etc.). Operator fee? (b) (a) On media?Which? (b) (2) N/A Media whichcanonlycopyTIworks Momentarily notimplemented–seeabove. Devices whichcancopybothA/AV worksandTI decreeSee article4ofthegovernment above Devices whichcanonlycopyTIworks Again, tariffs are decree setinthegovernment butare notimplementedatpresent. Media whichcanbeusedtocopybothaudio/audio-visualandTIworks No Media whichcanonlybeusedtocopyTIworks after thatperiod. not beenimplementedsince2010,asnoCMOhasyetauthorizedtocollecttheabovelevies decreeThe government specifiestariffs onarangeofdevices.However, thispartofthedecree has Devices whichcancopybothaudio/audio-visualandTIworks white copiesshallbehalfoftheaboveamounts. The remunerationforappliancesunderthisArticlethatmakepossiblethemakingofonlyblackand International Survey on Text and

Image Copyright Levies 2015 Edition105 Countries where the levy system has not yet been implemented the levy system Countries where Bosnia-Herzegovina Algeria None Social and cultural deductions No information Administrative deductions The levy remuneration is distributed to right holders; the copyright law provides for a 50:50 split between 50:50 split a for provides law copyright the holders; right to distributed is remuneration levy The to the pursuant holders between the right is then distributed remuneration authors and publishers, internal rules of SAZOR. Summary of distribution scheme regard levies Summary of distribution scheme regard In practice not needed Summary of exemption/refund scheme Summary of exemption/refund Entities liable to pay the levy are obliged to provide information to the RRO on request – Article 38 (3) – Article 38 information to the RRO on request obliged to provide Entities liable to pay the levy are above 2014: €0.079 get data to charge levies? How does the RRO 2013: €0.066 2014: €18,000 collections per capita Total 2013: €19,000 Total Operator fee collections (EUR) Operator Total Copyright Law 2010 as amended – article 36 provides a right to remuneration for private and other internaland for private to remuneration a right provides 36 article amended – 2010 as Law Copyright and importers of devices or media. use. Under article 37 an equipment levy is payable by the manufacturers against payment. provided photocopies are is also an operator fee where There None Legal basis for levy IFRRO member(s)? 3.2.2 Copying for private purposes Article 47 of the law of 31 December 1999 provides for the manufacturers and importers of ‘reprographic and importers of ‘reprographic for the manufacturers Article 47 of the law of 31 December 1999 provides This was followed by an devices’ to pay a levy of 3% of the value of the device for private copying. is understood to be in the early stages (No. 11-294) of 18th August 2011. The scheme implementing decree, Scope of levy in the next report. of operation. Details will be provided Legal basis for levy 3.2 3.2.1 • • • Distribution • • • • 106 International Survey on Text and Image Copyright Levies 2015 Edition None IFRRO member(s)? use Private andotherinternal Scope oflevy None IFRRO members? Personal use Scope oflevy Legal basisforlevy 3.2.3 approved tocollect theTIlevy, butanimplementing decree isneededbefore thelevycanbecomeoperational. AEDRA, AsociaciónEcuatoriana paralaGestiónColectivadeDerechos Reprograficos deAuteur, hasbeen None IFRRO member(s)? Copying forprivatepurposes Scope oflevy equipment’. Copyright Law1999asamended:articles105–108 establishaprivatecopyinglevyon‘reproduction Legal basisforlevy 3.2.4 This schemehasnotyetbeenimplementedsofarasTIworksare concerned. Office indefaultofagreement. Thepercentages are tobe reviewed everyfiveyears. to be negotiated between the right holders, or CMOs representing them, or set by the National Copyright Article 4provides thattheremuneration shallbeapercentage ofthevalue relevant devicesormedia, be 50:50(article3). representing different categoriesofrightholder. Theauthor-publisher split inthecaseofTIworksshall by manufacturers orimporters,bydistributorsindefault(article3),onlythrough collectingsocieties This isdecree 548of2004,whichprovides foralevyonwiderangeofdevicesand media, payable that thedetailsoflevyschemeprovided forunderarticle37shallbesetoutinaspecialregulation. Article 53ofthedecree of2001No362-01,implementingtheapplicationlaw65-00,thenprovides the guidelinesexpresslyestablishedinspecialprovisionsofthisLawrelatingtosuchworks. recording, inthemannerestablishedunderRegulations.Computerprogramsshallbegovernedby remuneration forthereprographicreproductionorprivatecopyingofasoundaudio-visual not for profit making purposes,without prejudice tothe right ofthe right holderto obtainequitable orscientificworkforpersonaluseand It shallbelawfultoreproduceonceandinasinglecopyliterary Dominican Republic Dominican Ecuador Copyright Law2000asamended(law65-00). Art. 37. International Survey on Text and

Image Copyright Levies 2015 Edition107 Moldova Luxembourg Kosovo Korea IFRRO Member(s)? ReproMold 31 August 1989 St. 98 min. Chisineau MD 2004 Not clear, but appears to cover private use, and own/internal use except where the copies are made by the copies are but appears to cover private use, and own/internal use except where Not clear, or of lost replacement and for research for study or establishments in teaching services, or archive libraries basis. copies, in all cases on a non-profit destroyed Scope of levy Article 27 of the 2008 Copyright Law provides for an equipment and operator fee. The equipment levy, of for an equipment and operator fee. The equipment levy, Article 27 of the 2008 Copyright Law provides importers and distributors. 3% of the value of devices used for private copying, is payable by manufacturers, is to be established by government for the operator fee regulation. The minimum tariff Legal basis for levy IFRRO member(s)? LUXORR 7 rue Alcide de Gasperi 1615 Luxembourg www.luxorr.lu 3.2.8 Copying for private use Scope of levy Article 10.4 of the Copyright Law 2001 as amended provides an exception for private copying subject to subject copying private for exception an provides amended as 2001 Law Copyright the of 10.4 Article be fixed by to are the scheme details of holders. The to the right remuneration of equitable the payment has been made to date. but no regulation regulation None Legal basis for levy IFRRO member(s)? 3.2.7 Copying for private use Scope of levy Copyright Law 2011: article 39(3) provides for an equipment levy and operator fee re sold copies. Under sold copies. levy and operator fee re for an equipment article 39(3) provides Copyright Law 2011: photocopying ‘for each set by government to be regulation are equipment levy for the 40, tariffs article has not yet been The regulation etc.’, depending on capacity. appliance including fax machine, scanners passed so far as is known. Legal basis for levy 3.2.6 The introduction of a TI levy scheme for private use is under consideration in Korea. When operational is under consideration in Korea. of a TI levy scheme for private use The introduction Rights Association and Transmission Reproduction Korean by the be administered the scheme will probably tables section as to in the comparative not referred an IFRRO member (This scheme is (KORRA), which is in place). legislation is not yet 3.2.5 108 International Survey on Text and Image Copyright Levies 2015 Edition Collections oftheoperatorfeehavenotyetstarted. to no remuneration hasbeenpassedtoitbecauseofadministrativeproblems. Collectionsin2014amounted 1989, 98mun.Chisinau,MD2004.AlthoughReproMold hasbeengrantedfullauthorizationtodoso,asyet The right-holdersdecided that theleviesare tobeadministered by ReproMold, (FondulLiterar), Str. 31 August None IFRRO member(s)? where copiesare use,andteaching. sold.Leviescoverprivatecopying,own/internal Articles 35–37:appliestodeviceswhichcanonlybeusedcopyTIworks.Anoperatorfeealso Scope oflevy 2011 CopyrightLaw Legal basisforlevy 3.2.9 during 2014.TheOrder givestheNCC widepowerstoenforce paymentofthelevy, including: of Justice.Thecollectorforall leviesistheNationalCopyrightCommission(NCC).Collections are duetostart the schemeare containedintheCopyright (LevyonMaterials)Order 2012(theOrder) issued bytheMinistry §40 provides foralevyon‘anymaterial usedorcapableofbeingtoinfringecopyright’. Thedetailsof Scope oflevy Nigerian CopyrightLaw1988asamended(codified2004) Legal basisforlevy 3.2.11 relating tothecopyingoftext/imageworksbybusinessesandinstitutions,share theCEDARservicecenter. Note: StichtingLIRAandThuiskopie,aswellReprorecht (IFRROmember),whichadministersthelegal license www.lira.nl Hoofddorp, 2130KB Kruisweg 793-795 Stichting LIRA IFRRO members? Private copyingasabove Scope oflevy appointed. have neverreceived ashare ofprivatecopyingleviesbefore andadistributing societyhasnotyetbeen Amsterdam, andforimagestoStichtingPictoright,Sarphatistraat606-608,1018Amsterdam. Publishers Stichting LIRA,forvoiceperformingartistsofaudiobookstoNormaJacobBontiusplaats9,1018 share oftextandimageworksiscurrently undernegotiation.Thetextshare forauthorswillbepassedonto audio-visual andtext/imageworks.Theprivatecopyinglevyisadministered byStichtingdeThuiskopie.The By a regulation of 2013,leviesare payable onan extensive list of devices capable of copying both audio/ by privatepersonsfortheirownpersonaluse,subjectarticle16ctothepaymentoffaircompensation. Article 16coftheCopyrightAct,implementingarticle5.2.bDirective, permitscopying Legal basisforlevy 3.2.10 €2,542. Asyetnoremuneration hasbeenpassedontoReproMold becauseofadministrativeproblems. Montenegro Nigeria Netherlands International Survey on Text and

Image Copyright Levies 2015 Edition109 10% for the promotion of creativity 10% for the promotion 20% for the NCC anti-piracy program 10% for administration collecting societies 60% between approved The remaining Serbia Paraguay (a) (b) (c) (d) 1%: devices which can only copy TI works 1%: devices which can only copy TI works 2%: devices which can copy both TI and A/AV works, and photocopying paper works, and can copy both TI and A/AV 2%: devices which 3%: media which can copy both TI and A/AV works can copy both TI and A/AV 3%: media which The right to inspect documents and records on the premises of manufacturers and importers of manufacturers premises on the and records to inspect documents The right case of non-payment of the levy in premises leviable material and seal storage The right to confiscate 2011 Copyright Law: equipment levy on devices and media article 39 (1) and (2); operator fee for copy shops 2011 Copyright Law: equipment levy on devices and media article 39 (1) and 2015. article 39 (5). Serbian RRO was authorized to administer the levy in October None 3.2.13 Legal basis for levy IFRRO Member(s) Private use Scope of Levy Copyright Act 1998 as amended: §34 provides for a levy which appears to cover both devices/media which for a levy which appears Copyright Act 1998 as amended: §34 provides works also. §37 to cover A/AV can only be used to copy TI works, and devices/ media which can be used of the National on the proposal for the details of the scheme to be determined by regulation provides have been made so far as is known. of Copyright, but so far no regulations Directorate 3.2.12 Legal Basis for Levy IFRRO member(s) REPRONIG (RRO member) Sanngo Suite 13/14 Block E, Expoyo Complex, GPO Box 12324 Dugbe Ibadan Oyo State Nigeria The implementation of the scheme in terms of distribution has not yet started, but it is expected to do so The implementation of the scheme will be appointed to administer the TI share. It is expected that REPRONIG (see below) shortly. By A.4 of the Order the NCC shall distribute the remuneration as follows: the NCC shall distribute the remuneration By A.4 of the Order The Order provides for the levy to be a percentage of the cost, insurance and freight value of imported value the cost, insurance and freight of for the levy to be a percentage provides The Order to the following bands: according in Nigeria, cost of materials manufactured materials or the ex-factory • for materials the MoJ may issue exemption certificates an exemption scheme whereby also contains The Order intended for re-export. • 110 International Survey on Text and Image Copyright Levies 2015 Edition 11000 Beograd ‘Staklenac’, 11sprat, Makedonska 5, Organizacija zaostvarivanjereprografskih prava authors’ associationsandtwotranslators’associations: Not yet.However, aSerbianRROwasfoundedon25February2014byonepublishers’association, two IFRRO member(s)? Private use Scope oflevy Istanbul Galatasaray Ali HanNo:307 Sahne Sokak Copyright HoldersAssociation ofLiteraryandScientific Works BESAM (RROmember) www.yaybir.org.tr Gumussuyu BeyogluIstanbul34437Turkey Inonu CaddesiOperaPalasApt.No:55Kat:2 Publishers Copyright&LicensingSociety–PCLS.tr YAYBIR (RROmember) IFRRO member(s)? Private use Scope oflevy remuneration totherightholdersandestablishanoperatorfee. Amending legislation is currently under consideration which would provide for the distribution of part of the ofCulture. to becollectedshalldeterminedwithaby-lawissuedbytheMinistry (Amendment: 3.3.2004–5101/15)Rulesandproceduresregardingtheapplicationofthisarticlefees the budgetofMinistry. shallbeplacedin activities concerningtheprotectionofculturalheritagewithinandoutsidecountry ofCultureandTourism.with aby-lawtobeissuedbytheMinistry for Theallowancewhichisnecessary activities. Therulesandproceduresconcerningthedistributionuseofthesemoniesshallbedetermined used thepurposeofstrengtheningintellectualpropertysystemandexecutionculturalartistic (Amendment: 21.2.2001–4630/23;14.7.20045217/17)Theamountsremaininginthisaccountshallbe ofCultureCentralAccountingOfficeandshallberecordedasrevenueinthebudget. Ministry 5217/17) Aquarter of theamountscollected in thespecial account shall be transferredto the account of the Council ofMinistersnotexceeding3%themanufacturingorimportationcosts.(Addition:14.7.2004– ofCultureandTourism,a nationalbankinthenameofMinistry anamounttobedeterminedbythe and deposit,untilthemiddleoffollowingmonthatlatest,inaspecialaccounttobeopenedwith month thereproductionofintellectualandartisticworksareobligedtocollectevery equipment whichserve works suchasblankvideocassettes,audiocomputerdiscs,CDs,DVDsandallkindsoftechnical Natural and legalpersonswhomanufacture or import for commercial purposes anykind of materialscarrying equipment levytobepaidtheMinistryofCulture andTourism: (Amendment:21.2.2001–4630/23) Copyright Law1951asamended:article38provides exceptionforprivateuse;article44provides foran Legal basisforlevy 3.2.14 Turkey International Survey on Text and

Image Copyright Levies 2015 Edition111 (Creator and Publisher Association Member) Publisher Association and TBYM (Creator & Licensing Society and Publishers Copyright Press Turkish 1/3 Sk. Yurdu Mh. Dostluk Binbirdirek Sultanahmet/ Fatih Istanbul 34110 112 International Survey on Text and Image Copyright Levies 2015 Edition ZPÜ WIPO VG TI RRO PDMA PC MFD IT IFRRO GDP EU EC DRM CMO CJEU Acronym Acronyms ACRONYMS ANDABBREVIATIONS D =disputed NS =notspecifiedinlaw NCI =levyinlawbutnotcurrently implemented NYI =levyinlawbutnotyetimplemented Abbreviations Zentralstelle privateÜberspielungsrechte World IntellectualProperty Organization Verwertungsgesellschaft Text andimageTPMTechnological protection measures Reproduction RightsOrganization Deutsches Patent-undMarkenamt Personal computer Multifunctional device Information technology OrganizationofReproductionInternational RightsOrganizations Gross domesticproduct European Union European Commission Digital rightsmanagement Collective managementorganization Court ofJusticetheEuropean Union Meaning

InternaInternational Survey on Text and Image Copyright Levies

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