International Survey on Private Copying

For more information contact WIPO at www.wipo.int Law & Practice 2 012 World Intellectual Property Organization 34, chemin des Colombettes 2012 International Survey on Private Copying – Law & Practice P.O. Box 18 CH-1211 Geneva 20 Switzerland

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WIPO Publication No. 1037E ISBN 978-92-805-2271-6 International Survey on Private Copying Law & Practice 2012 International Survey on Private Copying Law & Practice 2012

International Survey on Private Copying Law & Practice 2012 and allotherimagescourtesy ofwww.copyright-free-images.com) www.publicdomainpictures.net/view-image.php?image=2133&picture=headphones byAnnaLangova Acknowledgement andthanksforfront coverillustrations(Imageofheadphones courtesyof:

International Survey on Private Copying 1 Law & Practice 2012 2 80 86 90 97 15 20 25 33 37 41 45 48 51 56 61 65 69 74 12 13 30 102 104 107 112 114 118 121 124 127 132 136 141 144 ].) 14 € UNITED STATES OF AMERICA UNITED STATES BURKINA FASO REVENUES PER CAPITA ON BLANK CARRIERS TARIFFS [ ARE IN EUROS AMOUNTS IN THIS REPORT ON DEVICES (ALL THE TARIFFS 35. 30. SLOVENIA 31. SPAIN 32. SWEDEN 33. SWITZERLAND 34. TURKEY 25. POLAND 26. PORTUGAL 27. ROMANIA 28. RUSSIA 29. SLOVAKIA 19. JAPAN 20. LATVIA 21. LITHUANIA 22. NETHERLANDS 23. NORWAY 24. PARAGUAY 14. FRANCE 15. GERMANY 16. GREECE 17. HUNGARY 18. ITALY 9. CROATIA 10. CZECH REPUBLIC 11. CZECH REPUBLIC 12. DENMARK 13. FINLAND 4. AUSTRIA 5. BELGIUM 6. BULGARIA 7. 8. CANADA EXECUTIVE SUMMARY 1. 2. 3. Table of Contents of Table 2 International Survey on Private Copying Law & Practice 2012 rights infrastructure: private copyingcompensation(alsoknownasprivatelevies,orjustlevies).It The Surveyisintendedtoprovide aglobaloverviewofanimportantelementthecopyrightandrelated Property Organization(WIPO). the PrivateCopyingCollectionbodyinNetherlands,StichtingdeThuiskopie,andWorld Intellectual the world.Itappearsnowinits22ndedition,whichforfirsttimeis result ofcollaborationbetween The present Surveyrepresents acollectionofkeydataonprivatecopying compensation systemsaround 1. Executive Summary Response rate95.2%: they didnothaveaprivate copying systeminplace. remained unchanged.4countriesare newtotheSurvey, and9eitherdidnotreply orreplied explainingthat The informationwasupdatedin25countries,andsocieties in2countriesreplied thatthesituationhad replies hadbeenreceived from 40countries,resulting inareturnrateof95.2%. The questionnaire hasbeensubmitted to societies in42countries.Atthecut-off dateofMay 31st 2012, has beensubmittedinearlierrounds, inorder toidentifyandaddress possibleinconsistencies. information, andclarifications,havebeen requested, replies are normallycompared withinformationthat which the questioning can be improved and made more effective. When necessary and appropriate additional from participants,andexperiencegainedfrom processing information,oftenprovide insightsintowaysin a widerangeoffieldsinterest. Eachyear, thequestionnaire isthoroughly reviewed andupdated.Comments private copyingcompensation.Datacollectiontakesplace onthebasisofanextensivequestionnaire, covering The Surveyisanassemblageofinputdelivered bycollectingsocietiesresponsible fortheadministrationof 2.1 2. bodies. holders anduserorganisationsalike,orinpolicypapersofgovernmental for datainnegotiationsonlevies,background reports oftheEuropean Commission,instudiesofrights Hopefully the Survey will be as useful as it has been in previous years when it has been used as a reference and helpingtoreduce differences betweenthevarioussystemsthatmaydistortregular marketconditions. other rightholders;supportingefforts tounify, andpossiblyharmonise,collectiondistributionpractices; copying compensationsystems;demonstratingtheimportanceofthissource ofincomeforauthorsand to dowhatearliereditionshavedone,andwillitevenbetter:improving insightintotheglobalprivate loyalty, andwehopethatthe22ndedition–whichisalsofirstWIPO/Thuiskopiewillcontinue Faso, Paraguay, Russia,andtheUSA.We wanttoexpress ourgratitudetoallfortheircooperationand time participants;somestartedtoparticipateinthe‘90s.Butthere are alsonewcontributors,suchasBurkina production ofthisrichandvariedcollectiondatawouldnothavebeenpossible.Manysocietiesare long- thesupportofthesesocieties, the collectionanddistributionofprivatecopyingremuneration. Without The datacompiledintheSurveyisexclusivelyprovided byparticipatingcollectingsocietiesentrustedwith all thecontinents. years thescopehasexpandedtocountriesoutsideEurope. This22ndeditioncovers30countriesinalmost Survey quicklyexpanded,andsoonincludedallEuropean countriesthathadalevysysteminplace.Overthe practical informationabouttheprivatecopyingremuneration inneighbouringcountries,back1991.The Stichting deThuiskopie(theprivatecopyingcollectionbodyintheNetherlands)startedindexinglegaland private copyinglawandpracticeofvariouscountriesacross theglobe. aims toassistevidence-baseddecision-makingandoffer anupdateonimportantdevelopmentsinthe Introduction Introduction Methodology andScope International Survey on Private Copying 3 Law & Practice 2012 2 4 7 42 40 27 Number of countries Number of Response Large variety of systems in the world Participation in continents No changes New data No levies Number of questionnaires Number of replies Update of data and possibly harmonisation, of (important parts of) the systems, is of great significance. and possibly harmonisation, of (important parts of) the systems, is of great never resulted in legislative proposals. The result was a kind of anti-unification tendency: legal and practical The result in legislative proposals. never resulted The recent consideration. any cross-border by unhindered proceeded, involved countries in the developments that would further approximation, appointment in the EU of a mediator to investigate the viability of measures monitoring and enforcement, and methods of setting the rates, to mention just a few. and methods of setting the rates, to mention just a few. monitoring and enforcement, efforts Commission attempted unification, but the Commission’s in the early ’90s, the European In Europe, The private copying compensation systems across the world vary substantially, as a result of a multitude of as a result the world vary substantially, The private copying compensation systems across such as rate levels, may occur in key areas, The Survey makes clear that significant differences circumstances. tools for legal reporting, methods of of market players, be levied, liability that can of products selection is under consideration in the Republic of Korea. 2.3 Asia matter the but place, in system remuneration copying private a have Asia in countries no Japan, than Other Senegal, Burkina Faso, and Côte d’Ivoire either have a compensation system in place, or are working on its either have a compensation system in place, or are Senegal, Burkina Faso, and Côte d’Ivoire having had a private copying Burkina Faso is the first African country to have joined the Survey, introduction. system in place since 2004. Africa In South-America, Paraguay, Ecuador, and Peru have a legal compensation system in place regarding private in place regarding and Peru have a legal compensation system Ecuador, In South-America, Paraguay, yielded much income for rights owners, although Paraguay collected copying. These systems have not yet summary of the legal information for these countries is included in the monies in 2011, for the first time. A Survey. South America compared to most European countries. In Canada, the Canadian Private Copying Collective (CPCC/SCPCP) countries. In Canada, the to most European compared with conjunction in place, in levies copying of private system has a USA The carriers. on audio collect only can has joined Companies (AARC) and Recording of Artists 1992. The Alliance Act of Home Recording the Audio the Survey only this year. North America limited, more are these systems be found in Canada and the US, although can Compensation systems A private copying compensation system is very common in Europe. Information about levies in 23 E.E.A. is very common in Europe. A private copying compensation system No compensation exists in Cyprus, non-E.E.A. countries. as well as three countries is included in the Survey, Luxembourg, Malta, or the UK. Ireland, already covers countries in Europe, North America, South America, Africa, and Asia. North America, South covers countries in Europe, already Europe 2.2 Survey will be expanded by a few other countries, this edition the Whilst it is expected that in the next round In several countries (e.g. Côte d’Ivoire, Senegal, Republic of Korea) the situation is unclear, and a solid situation is unclear, the Korea) Senegal, Republic of (e.g. Côte d’Ivoire, In several countries it in the next Survey. and reflect to clarify the situation to be established in order communication needs 4 International Survey on Private Copying Law & Practice 2012 allows creators tobecompensated forwidespread copyingoftheirworksforprivate/domesticuse. caused totherightsownerwhoseworkhadbeencopied.Itiscurrently theonlyefficientmechanismwhich condition thatafaircompensationwaspaidtoauthorsandotherrightsholdersforlossofrevenues orharm made ofit.Ingeneral,thesolutionwasfoundinanexceptionorlimitationtoexclusiveright,under practically impossibletograntpermissionlargenumbersofindividuals,ormonitortheuseconsequently of thereproduction righttoactivitiesthatcanbequalifiedas ‘‘private copying’’, the reasoning beingthatitis reproduction. Theconditionsofthe“three stepstest”shouldbemet.Manyjurisdictions limit the application Conventionallowsmember-statesThe Berne toprovide forexceptionsandlimitationstotherightof 3.1 3. jurisdictions, leviesare limitedtomedia. In somejurisdictions,thecompensationsystemappliestorecording equipmentaswellmedia.Inother be includedinthesellingpriceofleviedproducts. the compensationare indicatedas“liableparties”intheSurvey).Itisassumedthatleviesconsequentlywill applied to recording equipment or media used by individuals for their private use (all who can be charged for where importers andmanufacturers, and sometimes the professional traders, are required topay levies For reasons ofefficiency, andtheimpossibilityofcollectingfrom individuals,themostcommonsystemis 4. copy, thusallcopiesmadeforprivateusefallwithinthescopeofexception. Netherlands, Russia,Switzerland,andCanadadonothaveaspecificprovision regarding thesource ofthe the rightsholders,are usuallynotwithinthescopeofexception.There are exceptionstothisrule;The newsgroups (usenet)sources, andthelike,where musicandfilmshavebeenuploadedwithoutconsentfrom In general, the exception only applies when the source is legal. Downloads from a peer-to-peer network, copying wasaffecting theincomepotentialofrightsholders. technologicaldevelopmentsmadeitdifficult todenythatprivate private copyingexceptions,whenmodern replaced byarighttoequitableremuneration. Inotherjurisdictions,levieswere attachedtolong-existing A levywasfirstintroduced inGermany, in1966.Inthatcase,theexclusive reproduction righthadbeen made byanaturalpersonforhis/herownuse. The privatecopyingexception’s scopeisusuallydefinedasfollows:anycopyfornon-commercial purposes 3.2 12. 11. 10. 9. 8. 7. 6. 5. 4. 3. 2. 1. 17. 16. 15. 14. 13. Main principles Main Definition of private copying private of Definition Greece Germany France Finland Denmark Czech Republic Croatia Canada Burkina Faso Bulgaria Belgium Austria Lithuania Latvia Japan Italy Hungary Practical implementationofcompensationsystems Legal background forprivatecopyingremuneration Country Levies onMedia X X X X X X X X X X X X X X X X X Levies onDevices X X X X X X X X X X X X X X X International Survey on Private Copying 5 Law & Practice 2012 X X X X X X X X X 6 3 21 Levies on Devices Number of Countries X X X X X X X X X X X Levies on Media Models Country Rate Setting Models Liability issues Turkey USA* Russia Slovakia Slovenia Spain Sweden Switzerland Netherlands Norway Paraguay Poland Portugal Introduction competition? who is liable when a consumer buys equipment or media online from a foreign seller? a foreign who is liable when a consumer buys equipment or media online from what system should be applied – if any – to refund levies when products have been exported? levies when products what system should be applied – if any – to refund situation? used in a professional are does a levy apply when products to whom should liability be extended in order to minimise infringement and, consequently, unfair unfair to minimise infringement and, consequently, to whom should liability be extended in order 30. 27. 28. 29. 24. 25. 26. 21. 22. 23. 18. 19. 20.

Negotiations by industries and societies Special government-appointed body Direct State Intervention State Direct − − − Four highly interesting questions regarding the extensions or limits to payment liability are: the extensions or limits to payment liability are: questions regarding Four highly interesting − 5. 5.1 Table 1: Table minister, designated public body), or being established in negotiations between rights holders (i.e. collecting designated public body), or being established in minister, in some Finally, IT-industry). the industries (consumer electronics, societies administering the levies) and by the government, set by special bodies appointed acting as negotiation platforms. countries rates are government, are responsible for selecting the products that can be levied, and the rates. products for selecting the government, responsible are when comparing one jurisdiction to another. considerably that rate setting can differ The Survey reveals state intervention (lawmaker, a matter of direct rate setting can be distinguished as being either Roughly, Whether a national compensation system applies to a certain product is sometimes a matter of the legislator, is sometimes a matter of the legislator, applies to a certain product Whether a national compensation system or of the government. on the countries, courts determine the scope of the compensation system In other special bodies, appointed by the is found in countries where variation basis of rights holders’ claims. A third A comparable example is found in countries where a memory unit (flash memory card) is levied only when a memory unit (flash memory card) where A comparable example is found in countries device, albeit no compensation is due for the device, device and sold together with the used in a recording or for the separately sold memory unit. It should be noted that the distinction between recording equipment and media is becoming increasingly equipment and media is becoming increasingly between recording It should be noted that the distinction disks, in equipment (for instance, Austria and France), hard In some countries with a media levy system blurred. disks, qualify as ‘blank media‘. hard with integrated set-top boxes and TV-sets such as audiovisual recorders, * very limited 6 International Survey on Private Copying Law & Practice 2012 Table 2: reseller cannotshowwhothe originalimporterwas,itmaybepossibletoholdthereseller liableforpayment. In somecountriesthenotionofextendedliabilitywasintroduced intothelaw, tocountergrey imports. Ifa levies. Importers andmanufacturers ofrecording equipmentandmediaare usuallylegallyliableforpaymentofthe 5.2 equipment, devices, and media, including cases in which such equipment is acquired by persons other than natural equipment, devices, andmedia,includingcases inwhichsuchequipment isacquired bypersonsother thannatural The courtruled thattheindiscriminateapplication oftheprivatecopying levytoalltypesofdigital reproduction case (October21,2010). The situationhasbeenchanged dramaticallybytheEuropean CourtofJustice’s verdict inthePadawan-SGAE shoulder. destined forprivatecopying. Insomecountries,exemptedliabilityormutualisation appeared shoulder-to- this simpleandpracticalapproach, theratewouldhavebeenmuchhigherforproductsdevice. Without in therate,resulting inareduced, relatively lowflatratetobepaidoveralldeliveriesofacertainmediaor are entitledtoarefund. Intheso-calledmutualisationsystems,however, professional use wasincorporated In somecountries,products soldtoprofessional usersare exemptfrom paymentofthelevy, orliableparties required. Products are soldinacommercial environment where noprivatecopyingistakingplace. prints, software, andmanuals).Ortheycanbeusedforprofessional reproductions where alicensewouldbe to theprivatecopyingexception.Forinstance,theycan beusedforthestorageofprofessional data(blue sold toso-called A goodexampleofreduced paymentliabilityistobefoundwhenimportedormanufactured products are 5.4 Table 3: or askingforarefund. society. Finally, somecountries,likeFinlandortheNetherlands,havepossibilityofbeingexemptupfront sold inthehomecountry. Inthesecases,exportscanoftenberecuperated inthenextreport tothecollecting Some countriesdonothavearefund systeminplace,anditisuptotheexporterreport onlythegoods compensation systemhaslessimpactonthefunctioningofmarket. amount of levied products yearly. He only has to report on the sales in his home country. This way the possible foranexportertobuywithoutleviesfrom aregistered importerifheexportsmore thanacertain wholesaler) canhavewiththeimporterand/orcollectingsociety. IntheNetherlands,forexample,itis show proof oftheactualexport.Anotherpossibilityisacontractualrelationship thatanexporter(oftena which is later onexported. Usually the exporter can askforarefund from the collecting society, if hecan in mostcountries.Different systemsexistforrefunding theleviesthathavealready beenpaidonaproduct have been copied in that specific country have a right to be remunerated. For this reason, exports are exempt The leviesare meanttocompensate forprivatecopyinginacertaincountry;rightsownerswhoseworks 5.3 No refund and/orexemption Upfront exemption Exemption withrefund Netherlands, andSpain Czech Republic,Finland,Germany, Hungary, Italy, Extended liability Extended Professional use and reduced liability reduced and use Professional liability exempted and Exports Extended liability Exports professional users Countries Models . Blankmediaandequipment can beusedforpurposeswhollyunrelated Number ofcountries % oftotal 23% 10 13 5 International Survey on Private Copying 7 Law & Practice 2012 6 1 15 Number of countries Models Mutualisation/professional use Mutualisation/professional A few aspects of distribution Cost deductions Online sales and cross-border liability determination of distribution schemes, social and cultural deductions. cost deductions, Professional use calculated in levies Professional use calculated into account Professional use not taken Professional use refunded/exempted

societies. Also, in some situations costs may be seen as sensitive information, resulting in societies not readily in societies not readily resulting societies. Also, in some situations costs may be seen as sensitive information, cases all in clarify to possible yet not was it reported, were costs Where information. requested the divulging and what part was not. was covered, collection and distribution process what part of the entire The Survey does not provide full information on the costs of collection and distribution. It is assumed that in The Survey does not provide are the Survey, of information for for collection, and the single source many cases the societies responsible of the expenses involved in the distribution to rights holders by a multitude of distributing not fully aware rights holders, representing the various categories of rights holders (e.g. authors, producers. and performing the various categories of rights holders (e.g. authors, producers. rights holders, representing artists), for distribution to individual rights owners (distributing organisations). to a more complicated scheme. Collection by multiple societies occurs in the Czech Republic, Japan (split for (split Japan Republic, Czech the in occurs societies by multiple scheme. Collection complicated a more to audio and video), and Slovakia. organisations of for the collection allocates monies to the society responsible Distribution is often layered; Whilst on the one hand, in almost all countries in the Survey, collection is concentrated in one point, to which Whilst on the one hand, in almost all countries in the Survey, distribution takes place according to report, required and other liable parties are importers, manufacturers, Private copying remunerations are gathered by collecting societies appointed by the government or by rights gathered are Private copying remunerations of such a collecting the board and often of each variety of rights holders, holders. They must be representative producers). (authors, performing artists, society is comprised of the various rights holders’ representatives − − 6.1 In this paragraph, the following issues will be briefly described and explained: In this paragraph, the following issues − in many countries. 6. buyer, and a country with a private copying compensation system in place – was asked to ensure recovery of recovery system in place – was asked to ensure and a country with a private copying compensation buyer, societies in France and Austria are Along with the Netherlands, collecting the seller in Germany. the levy from ongoing are issue this regarding proceedings legal and sellers, online cross-border from levies charging also works, and on the territory of which the harm caused to authors by the use for private purposes of their work works, and on the territory of which the the fair compensation receive authors actually that those to ensure occurs, there who reside by purchasers of the of residence In this case the Dutch court – the country harm’’. intended to compensate them for that that has a private copying exception in the law, in conjunction with a levy system, should ensure that the conjunction with a levy system, should ensure in in the law, that has a private copying exception of a system it is for the Member State which has introduced to the judgment, ‘‘[…] levy is paid. According of protected or importer of media for reproduction the manufacturer private copying levies chargeable to The key question here is whether, in a case of distance selling in which the buyer is established in a country in a case of distance selling in which is whether, The key question here member for especially relevance Of party. liable the as seen be to is seller the seller, the of that to different other jurisdictions, is the judgment of the Court of for Union, but also interesting states of the European Thuiskopie-Opus case (2011). The Court ruled that the state Union in the so-called Justice of the European 5.5 Table 4: Table (or Copyright) Directive. ‘‘Padawan’’ has led to changes in the law, for instance in France, and the legal basis for instance in France, and the legal basis for in the law, has led to changes ‘‘Padawan’’ (or Copyright) Directive. the Netherlands and Belgium). (e.g. of other countries will also be affected collection in a number persons, for purposes clearly unrelated to private copying, is incompatible with the 2001 Information Society with the 2001 Information is incompatible to private copying, unrelated purposes clearly persons, for 8 International Survey on Private Copying Law & Practice 2012 the different groups ofrightsholders. Where thedistributionscheme isamatterofrightsowners,theshares are established innegotiationsbetween organisations, orbylaw, ministerialdecree, orotherstateintervention. distribution toindividualrightsholders,occursaccording toschemeseitherdeterminedbyrightsholders’ Distribution todifferent categoriesofrightsholders,represented bycollectingsocietiesresponsible for 6.2 a verychallengingtaskforfuture Surveys. information istooscarce to evenjustifyextrapolation.Reportingareliable overallbandwidthofcostlevelsis in collectionanddistributioncanbeexcellent,sometimesreported aslow1.1%.Ontheotherhand, The informationreceived can, ontheonehand,giveanindicationthatefficiencyandcostslevelsinvolved age, asinGermanywhere pensionsforcreators receive substantialsumsfrom privatecopyingincomes. thrive, asinFrancewhere thefinancialinputisconsiderable, butartistsalsoenjoymore securityintheirold valuable forrightsowners, also becauseofitsimpactonsocialconditions.Notonly dotheartsandculture cultural diversityandgrowth ofthesector. Thiscollectiveaspect ofprivatecopyingcompensationisvery The fundsallocatedtothedevelopmentofarts,and toculturalevents,are substantial, contributingto activities oreventshelpingtheirspecificcategoryofrights holders. When it is not the collecting society that deducts cultural funds, the distributing organisations can sponsor decisive astohowthemoneyisspent. financial support.Inmanycases,rightsholdersare membersoftheselectioncommittees, andtheirvoteis Often aseparatefundiscreated toselecttheculturaleventsorprojects thatwillbetherecipients ofthe Ministry ofCulture. to 100%,thelatterbeingcaseonlyinTurkey, where leviesare fullyusedforculturalpurposesbythe promoting theculturalsocietyandimproving thepositionofrightsholders.Thepercentages varyfrom 10% most casesthelawdictatesthesepercentages.bodieswelcomefundsallocatedto Culturalgovernment These cultural funds are intended for the promotion of young artists, or to feed pension funds for artists. In In themajorityofparticipatingcountries,apercentage isdeductedforsocialandculturalpurposes. 6.3 Table 5: and thepredominant usemadethereof byaconsumer. video (andsometimesinteractive)ismadeatthe“top”,basedupontypeofmediaorequipmentlevied, by the type of blank media the monies were received upon. Mostly, however, the split between audio and copied onthevariousmedia.Somecountries(likeSwitzerland)haveadistributionschemeinplace,decided Ideally, the split between the categories of rights owners is based upon market research on the type of works having oftenalargerpartinmusicalrevenues. producers, andperformingartists(actors,dancers).Thedistributionisnotautomatically split equally, authors are tobefoundinmore categories,suchasauthors(directors, screenwriters, musicauthors,literaryauthors), Distribution toaudiorightsownersissplittowards authors,performers,andproducers. rightsowners Video Audio andvideoremunerations are split,andinmostcasestwodistributionschemesare introduced. Sometimes theresults have tobevalidatedorapproved bythegovernment. Lawmaker afterrightsowners’consultation Distribution bylawmaker Distribution solelydeterminedbyrightsowners Distribution schemes Distribution Social and cultural deductions cultural and Social Distribution schemes Models Number ofcountries 11 13 5 International Survey on Private Copying 9 Law & Practice 2012 Determined by Rights owners’ organisations Law Rights owners’ organisations Law Law – rights owners Law Rights owners Law Law Law Law – rights owners Law – rights owners Rights owners Law Law Law Law Performing artists Law Music authors Law

-– -– -– -– -– -– -– 20% 10% 10% 20% 10% 25% 10% 21% 20% 15% 50% 30% 50% 30% 15% 33% 25% 100% Max.15% purposes 50% video 50% video 35% audio % social and cultural % social and cultural Collective Purposes Collective Revenue trends cultural funds Country with social and Country with social and Turkey USA Spain Sweden Switzerland Russia Slovakia Slovenia Paraguay Poland Portugal Latvia Lithuania Netherlands Norway Hungary Italy Japan France Germany Greece Denmark Finland Canada Croatia Czech Republic Austria Belgium Bulgaria Burkina Faso Example: as we can see in the graph below, in Italy, where new levies were introduced in 2009, we see a see we 2009, in introduced were levies new where Italy, in below, graph the in see can we as Example: experienced a fall, countries like Canada and the Netherlands revenues in 2010, whereas significant rise in due to the fact that levies only exist on blank media. the picture becomes more dramatic when ignoring the countries that have recently introduced new levies new levies introduced dramatic when ignoring the countries that have recently becomes more the picture at least stable and are revenues and Belgium), and where applicable to new digital technologies (France, Italy, was down by almost 12%. sometimes on the rise. In this case, the total revenue behaviour research supports the assumption that, in the light of technological developments making copying supports the assumption that, in the light of technological developments behaviour research rather than declined. copying has increased private so much easier, but down, 3% almost was 2010 in countries participating the in revenue total the 2009, to Compared 7. have been falling over the last few years. Consumer In the majority of the participating countries, revenues Table 6: Table 10 International Survey on Private Copying Law & Practice 2012 place. use are onthe increase incountrieswhere thepaceofchangeis far toolow, orwhere nochangeistaking Of allthesecircumstances, theresult isthatrightsholdersare losingmoney, whilstreproductions forpersonal newer digitaltechnologiesin thecompensationsystem. compensation system,inparticular –doeshaveitseffect onreadiness tochange therules,andinclude Finally, thegeneral attitude towards copyright – and collective administration, including the private copying reckon withwhenconsideringmeasures toincludenewtechnologiesinthesystem. one cansaythatprivatecopyingcompensationschemes are notoverlypopular, and time-shifting (recording aTV-show forlater viewing).Theseandothercircumstances create aclimate wherein when copyingtoenableaplatformshift(copyyourmusic tohaveitavailableinthecar, forinstance),orwhen schemes. There is,onecanpresume, alsoastrongly-felt reluctance tobecharged–indirectly asitmaybe– The paymentsduetocopyrightare directly feltbyconsumersthrough theprivatecopyingcompensation isenablingconsumers tobeheardThe internet inamanner whichwasunthinkable10to15 yearsago. in thisrespect. of thecompensationsystems,suchasinBelgiumandItaly, where NokiaandEricssonwere extremely active almost non-existent,andproducers ofsmartphonesare attheforefront ofbusinessescombatingexpansion consumers toswapsong-listsincredibly easily. Nonetheless,ageneralagreement tolevysmartphonesis numbers ofsongs.Nottomentiontheeasyexchangebetweenmemorycards usedinthesedevices,enabling functionality. Smartphones,forinstance,are In addition, new devices make politicians hesitant to support new levies because of the devices’ multi- to privatecopyingcompensationingeneral,andleviesontheirproducts inparticular. However, key players in the information technology industry have formed a new and very active opposition copying levytoMP3players,wasdeclinedbytheCopyrightBoard ofCanada. proposal ofCPCC,advocatingthatthe music. Arecent exampleisthecaseofmicroSD memorycards, butthematterisnotdecidedyet.Anearlier compensation systemtostate-of-the-artrecordable mediausedonalargescalebyconsumersforrecording to mentionjustafew),butalsoinCanada.Rights holders haverepeatedly submitted proposals toexpandthe This phenomenonisnotonlyvisibleinmanyEuropean countries(Austria,Denmark,Finland,TheNetherlands, income isslidingdownwards. systems andprivatecopyingrealities. Legislationisbasedonlesspopular, ifnotobsolete,products, and new digitalcopyingtechnologies.Legislationislaggingbehind,creating agapbetweentrailingcompensation It appearsthatthecompensationsystemsare notadaptingfastenoughtotheshiftofconsumerpreference to Copyright Act inter alia be amendedtoincludetheextensionofprivate soldfortheircapacitytorecord andstore large vox populi is afactorto International Survey on Private Copying

Law & Practice 2012 11 Final words their effort and creativity. It is important to keep following the developments in the field of private copying. the developments in the field of It is important to keep following and creativity. their effort of this the knowledge or a means to broaden Survey will be a useful tool in negotiations, It is hoped that this and neighbouring rights, issue. specific copyright, than in others; discussions arise about the modalities of the regulations, the scope of the exceptions, and the the scope of the exceptions, the regulations, arise about the modalities of than in others; discussions On the rights have been narrowed. for rights owners whose exclusive fair compensation best way to ensure to compensate rights owners for content, the willingness for creative the appreciation other hand, we see The private copying compensation systems in the world are not always undisputed. Over the last couple of couple last the Over undisputed. always not are world the in systems compensation copying private The governments,seen have we years, use the of globalisation the to adapt to struggle owners rights and industry easier reached adaptations are In some countries, these the digital environment. works, and to of protected 8. 12 International Survey on Private Copying Law & Practice 2012 1. * Turkey: noinformation CZECH REPUBLIC CROATIA CANADA BURKINA FASO BULGARIA BELGIUM AUSTRIA UNITED STATES SWITZERLAND SWEDEN SPAIN SLOVAKIA RUSSIA ROMANIA PORTUGAL POLAND PARAGUAY NORWAY NETHERLANDS LITHUANIA LATVIA JAPAN ITALY HUNGARY GREECE GERMANY FRANCE FINLAND DENMARK REVENUES PERCAPITA Country Population 2011* 126,497,000 313,000,000 142,836,000 60,789,000 11,390,000 82,163,000 63,126,000 10,534,000 34,350,000 10,754,000 46,455,000 10,690,000 38,299,000 16,665,000 16,241,811 19,000,000 3,307,000 2,243,000 9,966,000 5,385,000 5,573,000 4,396,000 7,446,000 8,413,000 7,702,000 9,441,000 5,462,000 6,000,000 4,925,000 Revenues 2010 € € € € € € € € € € € € € € € € € € € € € 243,751,000 188,737,396 € € € € € 19,084,892 51,802,831 12,215,943 21,985,492 11,910,711 82,168,801 10,820,005 € 9,584,950 5,595,600 5,054,046 2,033,109 1,313,477 1,500,000 9.889.162 2,359,418 1,907,588 5,215,686 17,094,833 € 9,907,000 102,534 778,200 244,760 691,843 970,012 73,677 8,880 € 0 Average revenuepercapita € € € € € € € € € € € € € € € € € € € € € € € € € € € € € 0.004 0.03 0.03 0.15 0.85 0.07 2.99 1.04 0.91 0.19 0.30 0.36 0.00 2.04 1.18 1.05 0.13 0.12 0.22 0.05 0.00 1.06 0.96 2.97 0.02 1.55 1.77 0.08 0.65 International Survey on Private Copying

Law & Practice 2012 13 16.69) € Memory Cards 0.05 > 32 GB to 0.03 > 5 GB - - 0.14 < 1 GB – 2.90 > 32 GB - 0.5% of the price 0.42% of sale price – 0.5% (per unit) 1% of customs price 6% of sale price or import price 0.03 (per GB/max 0.30 (per unit) 0.06 > 2 GB – 2.22 > 40 GB 0.202 per GB up to 0.526 per GB 1.50 < 512 MB – 9.00 > 30 GB 1.50 < 512 MB – 9.00 > GB 0.15 < 2 GB – 1.35 > 16 1.1% (delivery price unit) 10% of price - 0.55 < 16 GB – 1.10 > 16 GB 0.032 (max. 1.939) 0.68 (per unit) 0.144 < 512 MB – 0.059 > 10 GB 0.10 per piece 6% of the value 0.13 < 64 MB – 10.49 > 32 GB 16.69) € DVD- GB) 0.41 (per 4.7 GB) 1% of base price 0.28 (per unit) 6% of import price 0.60 (per 4.7 GB), DVD + 0.40 0.5% of the price 2.53% of sale price 0.14 (per unit) 3% (per unit) 1% of customs price 6% of sale price or import price 0.03 (per GB/max 0.44 (per unit) 0.29 (4.7 GB) 0.251 (4.7 GB) 0.36 (per 120 min/4.7 GB) 0.40 (per unit) 1.25% (delivery price unit) 10% of price - 0.01 (per unit/< 10 GB) 0.024 (per unit) 0.48 (per unit) 0.60 (per 4.7 GB) 1.00 (per 4.7 GB) 0.0139 ( per 4.7 GB) 6% of the value 0.051 (< 4.7 GB) – 0.24 (4.7

Data CD-R 16.69) 0.040 (525 MB) price) Amount of compensation set by Government (< 3% of import/manufacturer’s dvd-r or memory cards No levies on cd-r, Annual compensation by Government (no levies) 0.5% of the price 1.72% of sale price 0.05 (per unit) 3% (per unit) 1% of customs price 6% of sale price or import price 0.03 (per GB/max € 0.17 (per unit) 0.07 (900 MB) 0.30 (per unit) 0.20 (< 1 GB) 0.35 (per 700 MB) 0.062 (up to 900 MB) 6% of the value 0.14 (< 700 MB) – 0.20 (> 700 MB) 0.15 (per 700 MB) 3% of base price 0.14 (per unit) 6% of import price 0.14 (per unit) 0.23 (per 80 minutes/ 700 MB) 0.12 (per unit) 1.25% (delivery price unit) 10% of price 0.22 (per unit) 0.01 (<1 GB) 0.009 (per unit) 48 51 56 61 65 69 74 80 86 90 97 15 20 25 30 33 37 41 45 136 141 144 102 104 107 112 114 118 121 124 127 132 Page Country TARIFFS ON BLANK CARRIERS ON BLANK TARIFFS Turkey United States of America 2012) Sweden Switzerland Slovenia Spain (levies annulled Romania Russia Slovakia Paraguay Poland Portugal The Netherlands Norway Japan Latvia Lithuania Hungary Italy Finland France Germany Greece Czech Republic (Intergram) Denmark Canada Croatia Czech Republic (OSA) Bulgaria Burkina faso Austria Belgium 2. 14 International Survey on Private Copying Law & Practice 2012 3. Switzerland Sweden Spain Slovenia Slovakia Russia Romania Portugal Poland Paraguay Norway The Netherlands Lithuania Latvia Japan Italy Hungary Greece Germany France Finland Denmark (Intergram) Czech Republic (OSA) Czech Republic Croatia Canada Burkina Faso Bulgaria Belgium Austria America United Statesof Turkey Country [ TARIFFS ONDEVICES(AlltheamountsinthisreportareEuros € ].) Page 144 141 136 132 127 124 121 118 114 112 107 104 102 97 90 86 80 74 69 65 61 56 51 48 45 41 37 33 30 25 20 15 1% ofcustomsprice 0.5% oftheprice – 3% ofsaleprice 0.5% ofprice Annual compensationbyGovernment(nolevies) – TB) 0.43 (<1GB)–11.58(1 1.42 (perunit) – (30 GB) 0.64 (<128MB)–12.88 (80 GB) 0.32 (<32MB)–28.96 6% ofthevalue 5.00 (perunit) (40 GB) 1.00 (<128MB)–20.00 750 GB) 4.00 (<512MB)–36.00(> – 1.5% ofsaleprice 1.5% ofsaleprice 1.93 (perunit) – 10% ofprice 1.1% GB 1.00 <2GB–3.00>16 30 GB) 1.50 (<512MB)–9.00 2% oftransferprice Amount ofcompensationsetbyGovernment (per GB>32GB) – 0.243 0.526 (perGB<8GB) 250GB) 0.39 (40GB)–33.33(> 3.15 (perunit) 2 GB) 4.17 (<2GB)–8.35(> import price 3% ofsalespriceor Mp3 player

250 GB 0.081 (perGB)plus0.064perGB> 250GB) 0.39( perGB<40GB)–33.33(> 15.40 (perunit) 6.26 (perunit) 3% ofsalespriceorimport 1% ofcustomsprice 0.5% oftheprice – 2.23% ofsaleprice 0.5% ofprice 4.00 (<512MB)–36.00(>750GB) – 1.2% ofsaleprice 1.5% ofsaleprice 4.13 (perunit) – 10% ofprice 1.4% 3.30 <256GB–13.00>1TB and more) 6.00 (<80GB)–20.00600GB – 0.43 (<1GB)–11.58(1TB) 1.42 (perunit) 1% ofbaseprice 6.44 (<40GB)–32.20(1000 10.30 (<80GB)–23.17(>250GB) 6% ofthevalue 39.00 (perunit) 10.00 (<40GB)–50.00(560 Hard discDVD-recorder – – subject tolevies As ofMarch2011nolonger – Note: leviesannulled price Customs price=av. sales – – – – – rises Levies increaseifcapacity Lawsuits onalllevies device Levies onmemorynot

International Survey on Private Copying

Law & Practice 2012 15 +431 712 71 36 Peter Dienstl [email protected] Baumannstraße 10 1030 Wien +431 717 87 Austria 8,440,465 Mechana Austro www.aume.at Ursula Sedlaczek CEO [email protected] Euro : : : : : : : : : : : : : : monopoly, and special authorisation, controlled by, and reporting to, the Ministry and reporting by, authorisation, controlled and special monopoly,

. AUSTRIA mail 2 Phone Fax Postcode City Address Email 1 E Contact person 1 Contact person 2 Name of organisation Website Currency Population Country of Justice for all for the collection and distribution of private copying remunerations is responsible Mechana Austro rights owners. Austro Mechana Austro has a legal Mechana Austro when purchasing more than 5,000 hours audio or 10,000 hours video carriers in half a year. than 5,000 hours audio or 10,000 hours video carriers in half a year. more when purchasing Collecting Society: The manufacturer or the importer is responsible for payment at the time of the first distribution in Austria. for payment at the time of the first distribution or the importer is responsible The manufacturer liable be also can reseller The supplier. the to transferred be may payment and reporting for responsibility The equipment) are to be used by natural persons. equipment) are disc or hard memory cards, levies on the media – integrated memory, is collected through The remuneration too – not on devices. Legal basis: is illegal and the carriers (media and/or Copy Right Act 1980. The exception does not apply when the source Legislation and fundamental facts Contact Information 4. 16 International Survey on Private Copying Law & Practice 2012 Commerce. payment isstipulatedintheGeneralContractconcludedbetweenrightsownersandChamberof The obligationtoreport lies with:importersandmanufacturers, via Collection A marketresearch regarding theuseofmediaishelpfulbutnotobligatory. of anarbitrationcourt. Levies are setin Levies/rates 16.50% 13.63% Video: scheme Distribution 49.50% Audio: New percentage rateshaveyettobedetermined,lastlyvalid: scheme Distribution social andculturalaims(bylaw). Setting of distribution schemes is the matter of rights owners. Funds for collective purposes are used for Distribution Computer hard discsandmobilephones. deny responsibility. Types ofrecording objectswhere rightsownersclaimcompensation,andimportersormanufacturers currently notsubjecttothelevies. used inMp3playersofmobilephones(there are courtproceedings inthiscase).Allothermemorycards are There isnotanexhaustivelistofmedia/deviceslevied.Memorycards, forexample,are notleviedunless exempted: Objects If materialisnotprivatelyused–companies,publicinstitutions,andsimilar. exempted: Deliveries parties: Austro Mechanaisallowed tocheckthereports bytheGeneralContract. obligated of Control 47.00% 14.87% 47.92% 1.00% 1.58% 1.75% 6.25%

LSG (neighbouringrights) VGR VBK (photographs) LSG Literarmechana VAM (producer) andVDFS(performingrights,directors) Austro Mechana VGR (broadcast) Literarmechana (literaryworks) Austro Mechana(musicalworks)

free negotiationsbetween rights ownersandtheChamberofCommerce, orbydetermination

monthly reporting. Thereporting and International Survey on Private Copying

Law & Practice 2012 17 3.42% portable Audio (MP3)/Video3.42% portable Audio player revenues the Copyright act. carriers. Currently the case is pending judgement by the Supreme Court. Concerning mobile phones we are Court. Concerning the case is pending judgement by the Supreme mobile phones we are carriers. Currently Court on multimedia use in the waiting for a decision at the first instance. The considerations of the Supreme of for a clarification aiming owners are The rights on all court proceedings. have an effect Gericom case will In 2005, the Supreme Court rejected the claim in the Gericom case for a private tape levy on computer the claim in the Gericom case for a private tape levy Court rejected In 2005, the Supreme shows that the use made content. Market research use of relevant Reasons: no predominant discs. hard relation to the in discs for private copying has significantly risen since 2005. However, of computer hard in no levies on multimedia of 2005 would result The verdict higher storage capacities, it is not predominant. Developments Professional uses/exemptions Professional use. Legal Exemption for professional is a There The first distributor in the Austrian Market is liable for payment. If there are no direct consumer sales by a no direct are Market is liable for payment. If there The first distributor in the Austrian an online So if a consumer buys from abroad. the supplier is liable, even if he is based national distributor, levies e-tailer is liable for payment of the the foreign abroad, retailer Cross-border trade Cross-border Export of export invoices. is possible on presentation A refund exempted by law. Exports are Deductions for social and cultural purposes are stipulated by law: 50% is deducted. SKE Fund is responsible is responsible deducted. SKE Fund law: 50% is stipulated by purposes are and cultural for social Deductions for the distribution. The percentage rates of the various media represent the results of a market study. of a market the results rates of the various media represent The percentage Collective purposes Additional Comments: 54.96% of DVD revenues revenues 70.88% of HD-Recorder 18.71% of USB stick revenues Video 15.56% of CDR revenues 96.58% of portable Audio (MP3)/Video96.58% of portable player revenues revenues 29.12% of HD-Recorder revenues 81.29% of USB stick Audio 84.44% of CDR revenues 45.04% of DVD revenues Distribution scheme other: 18 International Survey on Private Copying Law & Practice 2012 Table 7: Levy ontheintegratedmemory/hard disc,notonthedevice. Additional Comments: USB Stick Hard discwithrecordingfunction Ext. Multimedia Sat-Receiver) (DVD-Recorder, Hard disc-Rec. (Audio/Video) MP3/MP4-Player MP3 Audio-Player Blu RayDisc DVD DL DVD-RAM DVD-R/-RW DVD+R/+RW Videocassette (0nly incombinationwithMP3-Player) Memory Cards CD-R/-RW Data CD-R/-RW Audio Minidisc Audiocassette Remunerations/Levies

Devices Audio Video € 24.30 € 22.50 € 19.40 € 17.10 € 20.00 € 15.00 € 12.00 € 10.00 € 10.00 € 5.25 € 2.50 € 1.50 € 1.91 € 0.72 € 0.36 € 0.36 € 0.36 € 0.18 € 9.00 € 5.25 € 2.50 € 1.50 € 0.23 € 0.24 € 0.24 € 0.12 € 0.50 € 0.40 € 0.20 € 0.20 € 0.10 € 6.00 € 9.00 € 8.00 € 7.00 € 6.00 € 3.50 € 2.50 € 1.50 € 9.00 Tariff Tariff

< 4GB < 1GB < 512MB 640 minutes/25GB 240 minutes/8.5GB 120 minutes/4.7GB 120 minutes/4.7GB 120 minutes/4.7GB 60 minutes 4 –30GB 1 –4GB 512 MB–1GB < 512MB 80 minutes/700MB 80 minutes/700MB 80 minutes 60 minutes < 32GBandmore < 16GB < 8GB < 4GB < 1GB < 1TBandmore < 750GB < 500GB < 250GB < 600GBandmore < 400GB < 250GB < 160GB < 80GB < 160GBandmore < 120GB < 90GB < 60GB < 30GB < 4GB < 1GB < 512MB < 30GB

Capacity Capacity

International Survey on Private Copying

Law & Practice 2012 19 58,000 90,000 210,000 475,000 475,000 2011 (€) 2011 (€) 2011 (€) 1,948,000 1,225,000 3,321,000 2,799,000 1,033,000 4,042,000 7,838,000 77,000 148,000 340,000 299,000 299,000 2010 (€) 2010 (€) 2010 (€) 2,855,000 1,392,000 4,472,000 3,774,000 1,022,000 5,136,000 9,907,000 161,000 114,000 169,000 443,000 972,000 161,000 2009 (€) 2009 (€) 2009 (€) 3,630,000 1,837,000 5,750,000 4,373,000 5,788,000 11,699,000

Revenues Video Revenues Audio Revenues Device Revenues USB Stick “Devices” Total Revenues Total Hard disc Recorder “Video” Total Total “Audio” Total Videocassette DVD (all types) CD-R/-RW Audio, MD CD-R/-RW Data MP3 Player Audiocassette Additional Information October. January to extrapolated based on the period from are The 2011 revenues Table 8: Table 20 International Survey on Private Copying Law & Practice 2012 Contact Information 5. − − − Contractually theliabilitymomentis: by factoryorwholesalers. Payment isdueatthetimeofimportforretailers (includinge-commerce) oratthetimeofdistribution Remuneration iscollectedthrough leviesonmediaand/orequipment. the source isillegal. Private useisdefinedasthewithin,and reserved to,thefamilycircle. Theexceptiondoesnotapplywhen 2. 1. basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 2 Email 1 Contact person2 Contact person1

artists, andproducers ofphonogramsandaudiovisualworks Royal Decree ofMarch 28,1996aboutprivatecopyremuneration forauthors/composers,performing Law ofJune30,1994aboutauthors’rightsandneighbouringrights. For theimporterandEU-purchaser whoare listedaspurchasers, uponfirstpurchase. For themanufacturer, theimporter, andtheintraEU-purchaser whoare listedaswholesalers,uponfirst For theforeign webshopssellingtoBelgianwebusers, uponfirstsale. sale. BELGIUM : +3226500958 : +3226500950 : Brussels : 1000 : Havenlaan86cB201a/Avenue duPort,86cB201a : [email protected] : [email protected] : Maro Schrauwen : FrançoisStroobant : www.auvibel.be : Auvibel : 10,879,200 : Euro : Belgium . International Survey on Private Copying

Law & Practice 2012 21 e

At the second step, the shares between categories of rights holders are determined by law: 1/3 for authors, determined by law: between categories of rights holders are At the second step, the shares 1/3 for performers, and 1/3 for producers. Distribution shares are set as follows: at the first step, the shares between categories of works (audio and set as follows: at the first step, the shares are Distribution shares determined by the rights holders. video) are and importers or manufacturers deny responsibility. and importers or manufacturers Distribution Until now, there is a general agreement on the exemption of computers (in fact, the tariff was set to 0.00 on the exemption of computers (in fact, the tariff is a general agreement there Until now, use). There (typical professional in 1996), and DVD-R-CAM, DVD-RAM CAM, and DVD for authoring as well about the other exempted media/equipment for which rights owners claim compensation, is no agreement Computers, servers, Blu Ray discs, tablets, pocket PCs, game consoles with internalComputers, servers, Blu Ray discs, tablets, pocket PCs, game consoles with HDD. DVD-R-CAM, DVD- also exempted. RAM CAM, and DVD for authoring are No delivery is exempted. Objects exempted: Deliveries exempted: Control of obligated checks on the declaration by auditing the reporting undertake regular Part of the mission of Auvibel is to parties: parties. and the accounting of the legally responsible process For the foreign webshops selling to Belgian web users, before the 20th of the month following the first sale. users, before webshops selling to Belgian web For the foreign of the month following the first sale. the 20th of the month following the before listed as purchasers, who are For the importer and EU-purchaser first purchase. Obligation to the 20th before listed as wholesalers, who are the importer and the intra EU-purchaser report:For the manufacturer, Collection) Levies are set by the Belgian federal Government/Ministry of Economy on the advice of the Private Copy Levies are and rights holders. consumers, distribution all stakeholders: industry, Commission regrouping units, price per unit, total value of the market. sales’ report: based on Market analysis. Monthly Levies are Levies/rates Administrative4.89% (2010) Costs: Legal monopoly. Royal Decree of January 21, 1997 appointed Auvibel for the collection and distribution of appointed Auvibel for the collection of January 21, 1997 Royal Decree Legal monopoly. copying. the levies for private Auvibel for all rights owners. copying remunerations collection and distribution of private for the Auvibel is responsible Collecting Society: 22 International Survey on Private Copying Law & Practice 2012 For 2010:43.59% For 2009:43.49% For 2008:40.36% For 2007:40.01% For 2006:40.88% Audio: For 2005:40.79% scheme Distribution rights holders. schemes. Theserulesareapproval. submitted forgovernmental Theapproved rulesare thenappliedbythe At thethird step,eachcategory ofrightsholdersforeachcategoryworksdeterminestherulesdistribution How is professional use taken into account when determining the level of remuneration? December 1, 2011. new tariffs including mobile phones and memory cards, was rejected by the Belgian Council of State on remuneration? of A joint recourse of Nokia and Sony-Ericsson against the Royal Decree of December 17, 2009, setting the level the Developments determining when account into (the levy),thusprofessional useisexcluded. taken use contrario” percentage. The percentage used for private copying is taken as basis for the level of remuneration A percentage ofuseasprivatecopyiscalculatedforeachmedia/equipment.Professional useispartofthe“a professional is How by lawtoberefunded. For mediaandequipmentthatare submittedtolevies,limitedcategoriesofprofessional usersare designated Media andequipmentthatare clearlyprofessional are notselectedtobesubmittedlevies. Professional uses/exemptions The distantsellerisliableforthesalestowards Belgianend-consumers. Cross-border trade were effectively exportedabroad. Previous paymenttoAuvibelisrequired foranyrefund. invoices of the liable goods, and every other document that provides reasonable evidence that the goods in foreign countries,forretailers. Thefollowingdocumentsare requested byAuvibel:purchase andsales Article 4oftheRoyalDecree ofMarch 28,1996imposesreimbursement ofthelevy, forexportorsales starts onlyuponthefirstsaleinBelgium. Exports are exemptedbylaw. Exportsfrom awholesalerormanufacturer are exemptedastheirresponsibility Export There iscurrently nodeductionforcollective(socialand/orcultural)purposes. Collective purposes For 2010:56.41% For 2009:56.51% For 2008:59.64% For 2007:59.99% For 2006:59.12% Video: For 2005:59.21% scheme Distribution International Survey on Private Copying

Law & Practice 2012 23 Capacity Capacity Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit > 16 GB Per unit < 2 GB Per unit 2 – 16 GB Per unit > 16 GB Per unit < 256 GB Per unit 256 GB – 1 TB Per unit > 1 TB Per unit < 256 GB Per unit 256 GB – 1 TB Per unit > 1 TB Per unit < 2 GB Per unit 2– 16 GB 1.35 1.00 2.50 3.00 1.30 6.75 9.00 3.30 0.12 0.12 0.12 0.12 2.00 0.40 0.40 2.00 0.12 0.40 0.40 0.40 0.40 0.15 0.50 10.75 13.00 Tariff Tariff € € € € € € € € € € € € € € € € € € € € € € € € € Video Audio Multimedia levies Remunerations/Levies Home devices with integrated hard discs External hard discs MP3, MP4 players, obile phones with MP3 and/ or MP4 function Memory cards and USB sticks DVD- R/RW DVD RAM DVD double-layer Data-CD R/RW DVD+ R/RW Digital video tape Recording device, integrated or not, without hard disc Recording device, integrated or not, without Recording device, integrated hard disc Videocassette Audiocassette DAT Minidisc Audio-CD R/RW Audiocassette Table 9: Table 24 International Survey on Private Copying Law & Practice 2012 Table 10: Figures for2011are provisional. Additional Information Total Revenues Total “Devices” Home deviceswithintegratedharddiscs External harddiscs MP4 function MP3, MP4players,mobilephoneswithMP3and/or Memory cardsandUSBsticks DVD CD Data Total “Video” Video devices Video carriers Total “Audio” Audio devices Audio carriers Revenues Device Revenues Audio Revenues Video Revenues

Multimedia levies 11,974,256.05 8,830,982.79 3,143,273.26 13,120,350 789,369.23 358,434.55 430,934.68 356,725.32 105,929.63 250,795.69 2009 (€) 2009 (€) 2009 (€) 0.00 0.00 0.00 0.00 17,179,472.07 3,868,096.55 4,437,299.50 1,418,299.30 4,747,153.67 2,330,901.00 4,576,798.60 4,327,779.19 27,020,734 377,722.05 249,019.41 229,222.04 125,575.87 103,646.17 2010 (€) 2010 (€) 2010 (€) 17,168,803.59 4,770,563.84 5,156,697.50 1,923,296.45 3,449,555.35 1,718,265.40 6,981,591.28 6,799,854.58 24,409,249 150,425.05 181,736.70 258,855.03 125,675.35 133,179.68 2011 (€) 2011 (€) 2011 (€) International Survey on Private Copying

Law & Practice 2012 25 1.00 = 1.95583 BGN € : mariana,[email protected] : [email protected] 5b Str. : Triaditsa : 1000 : Sofia : +359 2 44 16 983 : + 359 887 176 492 : Bulgaria : BGN : 7,364,570 : COPY-BG : www.copy-bg.org : Mariana Lazarova

BULGARIA Fax City Phone Address Postcode Email 1 Email 2 Contact person 1 Name of organisation Website Currency Population Country The collections do not cover the administrative costs. Additional financing by member organisations. The collections do not cover the administrative costs. Additional financing Administrative Costs: levy are collected by different organisations. by different collected levy are for all rights remunerations of private copying and distribution the collection for is responsible COPY-BG owners. Collecting Society: only that the private copying levy and the reprography law provides The It has no legal monopoly. COPY-BG. subject to remuneration. onto the market. liable at the time of introduction media are of recording Importers and manufacturers provision was introduced in 2005. was introduced provision not are not listed in the tariff that are levies only on media. Products Remuneration is collected through personal use, under the condition that this is done without commercial aim (Art.25, Par.1, Item 2) aim (Art.25, Par.1, personal use, under the condition that this is done without commercial damage, use of works (including private copying) shall not involve removal, that the free The law provides The without the consent of the copyright holder. destruction, or distortion of technical means of protection Law on Copyright and Neighbouring Rights, 1993. Last amended March 25, 2011. Law on Copyright and Neighbouring Rights, 1993. Last amended March by a natural person for his of works, no matter on what carrier, reproduction Definition of private copy is: Legislation and fundamental facts Legal basis: Contact Information 6. 26 International Survey on Private Copying Law & Practice 2012 Ministry ofCulture. parties cannot agree on the experts, the Minister appoints them negotiating parties,andthree experts,nominatedjointlyorapproved bythenegotiatingparties.If the negotiations,MinisterofCulture appointsaCommissioncomposedoftworepresentatives from the of thecollectingsociety. Incasenoagreement onthetariff isreached within3monthsfrom thebeginningof and manufacturers). The tariff is to be approved by the Minister of Culture site and published on the internet a tariff bythecollectingsociety, negotiatedwithrepresentative organisationsoftheliablepersons(importers the rateofremuneration for eachkindofcarrier(withintheframeworksetbylaw),are seteveryyearin delivery priceoftherespective blankcarrier. Thekindsofcarriersforwhichremuneration isdue,aswell The rate of the remuneration is initially set by the law: no less than 1% and not higher than 1.5% of the Levies/rates exemptions from paymentexeptwhentheyclaimrefund. Noinstrumentsto exercise control overliable The lawdoesnotobligethe liablepersonstopresent anyinformationordocumentationinproof ofthe information apartfrom thatneededforthedistribution oftheremuneration. price oftherespective carriers(notthesaleprice).The collectingsocietymaynotrequest more detailed general informationonthe different kindsofcarrierssoldduringthehalfyear-period, andthetotaldelivery Under theamendmentstolawintroduced onMarch 25,2011liablepersonsare obligedtopresent only Comments: Additional tariff for2013are envisagedtostartinSeptember2012. framework setbythelaw:between1%and1.5%of deliverypriceoftheproduct. Negotiationsonthe on February1st,2012.Therateofremuneration foreachproduct hasbeennegotiatedandfixedwithinthe Negotiations endedinthebeginningofDecember2011. Thetariff wasapproved bytheMinisterofCulture There isnolistofexemptedproducts. Somecarriersare undernegotiation. exempted: Objects − − − − − − Exempt from paymentofremuneration, orsubjecttorefund ifcollectedare: exempted: Deliveries obligated parties. parties: No possibilitytoauditthereports. Thecollectingsocietyhasnolegalcontrolling instrumentstocheckthe obligated of Control the expirationofrespective half-yearperiod. The lawobligesimportersandmanufacturers ofblankcarrierstoreport twiceayear, withinonemonthof Collection carriers are usedforreproduction forprivateuse. remuneration, thememory capacityofthecarriershastobeconsidered aswelltheextenttowhich No marketresearch hasbeenusedfordeterminingthelevelofremuneration. When negotiatingtherateof

purchases byfree traders,legalentitiesornaturalpersonsexercising liberalprofessions, whoseactivities purchases bymedicalinstitutions,specialisedhospitalsforrehabilitation, socialinstitutionsand purchases operators,producers byRTV ofsoundrecordings andfilmproducers; deliveries from theterritoryofcountriesnotpartEUorEEA,where privatecopyingremuneration deliveries from theterritoryofacountrypartytoEuropean EconomicArea Agreement; deliveries from theterritoryofacountrymemberEuropean Union; do notpresume theuseofblankcarriersforprivatecopying. penitentiaries; has beencalculated,butisnotsubjecttorefund undertheirnationallegislation;

ex officio from the list of mediators at the International Survey on Private Copying

Law & Practice 2012 27 On March 25, 2011 amendments to the Law on Copyright and Neighbouring Rights were introduced. The introduced. were Rights Neighbouring and Copyright on Law to the amendments 2011 25, March On for the deletion of Bill submitted initially by the Government to the Parliament, for consideration, provided The in the law. exception the compensation scheme, though keeping the private copying and reprography After was used as a pretext. Justice on the SGAE/Padawan case Court of of the European expected judgment Developments How is professional use taken into account when determining the level of remuneration? use taken into account when determining the level of remuneration? How is professional is determined, it should be the rate of remuneration when However, It is not taken into account directly. to what extent the blank carrier is used for private copying. cosidered producers, hospitals, social institutions, penitentiaries, free traders, legal entities, and natural persons traders, legal entities, and hospitals, social institutions, penitentiaries, free producers, use of the carriers (journalists, the liberal professions lawyers, etc.), whose activities do not presume exercising for private copying. Professional uses/exemptions Professional and film by RTV operators, sound recordings purchased Remuneration is not due when blank carriers are Cross-border trade Cross-border purchases. cross-border regarding No provisions subject to refund, under the condition that the person who claims refund proves the facts and circumstances the facts and circumstances proves under the condition that the person who claims refund subject to refund, is based. on which the right to refund Export exported carriers has been collected, the amount is for exempted. In the case that remuneration Exports are 30% is deducted for collective purposes. It is stipulated in the law. The amount is transferred to the National The amount is transferred It is stipulated in the law. 30% is deducted for collective purposes. Cultural Fund at the Ministry of Culture. societies every year before the distribution (no distribution has been made till present). the distribution (no societies every year before Collective purposes According to the Distribution Rules of COPY-BG the shares of the different groups of rights owners within of rights owners groups of the different the shares to the Distribution Rules of COPY-BG According distributing signed between the respective by an agreement determined one and the same category are 1/4 – producers: Filmautor (film/audiovisual works producers), Prophon (record producers). (record Prophon works producers), Filmautor (film/audiovisual 1/4 – producers: Additional Comments: Distribution scheme (dramatic, dramatico-musical, literary works); works), Teaterautor 1/2 – authors: Filmautor (audiovisual Video: Artistautor (actors); (performing artist), 1/4 – performers: Prophon 1/4 – performers: Prophon (performers), Artistautor (actors); 1/4 – performers: Prophon producers). (record Prophon 1/4 – producers: Distribution scheme literary works); (dramatic, dramatico-musical, (musical works), Teaterautor 1/2 – authors: Musicautor Audio: Distribution shares of categories of rights owners are determined in the law: 1/2 – to authors; 1/4 – to determined in the of rights owners are of categories Distribution shares producers performers; 1/4 – to of the obligations of liable persons is left to their discretion and good will. and of liable persons is left to their discretion of the obligations Distribution persons, neither by the collecting society, nor by an independant auditor, or administrative body. The fulfilment The fulfilment body. or administrative independant auditor, nor by an society, by the collecting persons, neither 28 International Survey on Private Copying Law & Practice 2012 1. particular: for therightsholdersandcontradictEUInformationSocietyDirective andthePadawanjudgment.In explaining thebestEuropean practicesinthefield,Parliamentadoptedprovisions thatare detrimental IFFRO, IFPI, ICMP, AARC) in clarifying the value of the private copying and reprography remunerations, and creativefields, andnotwithstandingtheinterventionsofinternational community (CISAC,BIEM,GESAC, Despite theefforts ofthe nationalorganisations,representing theinterests ofthecreators inallartistic by theParliament. the ECJ judgment was published, the compensatory remunerations were reintroduced in the Bill and voted the results of theintroduced amendments tothelaw. However, wefearthattheprivate copying mediation are preparing areport totheParliamentaryCommittee forCulture, aswell to theMinisterofCulture, on efficient thantheprevious one.Ourmainpurposenow istoinitiateamendmentstheunworkablelaw. We deliveries are exemptfrom payment.Thustheamendedprivatecopyingsystem seemstoprove evenless Other importantcompanies supplyblankcarriersonlyfrom theterritoryofEUcountries,butintra-community liable inwhateverformfor the paymentofremunerations. A numberof big companies operating onthemarket are only distributors/retailers. They, however, are not 10. 9. 8. 7. 6. 5. 4. 3. 2. separate informationcarrierswhichare intendedpredominantly forreproduction forprivateuse. only forblankinformationcarriersandnotonreproduction devices.Theremuneration appliesonlyto In contrastwith the formerlawadoptedamendmentsprovide for applicationoftheremuneration (formerly 1/3foreachcategoryofrightsholders). The distributionschemehasbeenchanged-–1/2for authors,1/4forperformers,producers 20%). Before distribution,30%from thecollectedamountistransferred totheNationalCulturalFund(formerly thus leavingthefulfilmentoftheirobligationsto discretion andgoodwill. The amendedlawdoesnotprovide instrumentsforexercising anyeffective control ontheliablepersons, more detailedinformationapartfrom thatneededforthedistributionofremuneration. period, andthetotaldeliverypriceforeachkindofcarrier. Besides,thecollectingsocietymaynotrequest Liable persons have toprovide onlygeneral information onthekind ofcarriers sold duringahalf-year in proof oftheaforementioned exemptions,exceptwhentheyclaimrefund. At thesametime,lawdoesnotobligeliablepersonstopresent anyinformationordocumentation Exempt from paymentofremuneration, orsubjecttorefund ifcollected,are: from theterritoryofcountriesfrom theEuropean EconomicArea. Excluded from the application of theremuneration are intra-community deliveries, as well as deliveries on thesaleprice. The privatecopyingremuneration isdueforthecarrierssold,butcalculatedontheirdeliveryprice,not the negotiations,MinisterofCulture appointsaCommissiontodecideonthetariff. tariff isreached between thecollecting society and liable persons within 3 monthsfrom the beginningof Minister ofCulture. Thetariff mayprovide foradditionaldiscounts!Inthecase that noagreement onthe and therateforeachkindofcarrier, are setinatariff negotiatedwithliablepersons,andapproved bythe information carriers(formerly5%forand2%devices).Thesubjecttoremuneration, The newly-adoptedremuneration rateisfrom 1%to1.5%ofthedeliverypriceimportedblank – – – – well asbyhospitals,socialinstitutions,prisons. whose activitiesdonotpresume theuseofcarriersforprivatecopying; calculated, butisnotsubjecttorefund undertheirnationallegislation; Information carrierspurchased operators,soundrecording byRTV andfilmproducers, as Information carrierspurchased bylegalentitiesorphysicalpersons,exercising liberalprofessions, Exports to“third countries”anddeliveriestoEUcountries; Deliveries from countriesnotpartoftheEUorEEA,where privatecopyingremuneration hasbeen

International Survey on Private Copying

Law & Practice 2012 29 Capacity Capacity – – – – Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit 2011 (€) 2011 (€) 2011 (€) Tariff Tariff 1.25% 1.25% 1.25% 1.1% of the delivery price 1.1% 1.1% 1.4% 1.4% 1.1% 1.5% of the delivery price 1.5% 1.25% 1.25% 1.0% 1.5% of the delivery price 1.5% 1.25% 1.25% 629 6,785 8,880 1,466 2010 (€) 2010 (€) 2010 (€) Video 629 1,678 12,017 14,324 2009 (€) 2009 (€) 2009 (€) Audio Devices

k Revenues Remunerations/Levies RW Video Revenues Audio Revenues Device Revenues Total “Devices” Total Revenues Total Total “Audio” Total “Video” Total Multimedia External Hard Disk with Audio/Video IN and OUT plugs Multimedia External Hard Disk with Audio/Video External Solid State Drive (SSD) USB Flash Drive Standard External Hard Disk OUT plugs Multimedia External Hard Disk with Audio/Video HD DVD Memory card DVD RAM DVD double layer Blu Ray Videocassette Digital Videocassette DVD R/ CD R/RW Floppy Dis Audiocassette Minidisc Hi-MD Disc memory. However devices are no longer subject to remuneration. However devices are Disc memory. Additional Information Audio/ are for Audio revenues due to the very small amount of collections. Main source a split of the total revenues do not provide We MP3 Players and Internal are Hard for Device revenues DVDs. Main source are for Video revenues Data CDs and Hi-MDs. Main source Table 12: Table The remuneration rate has been reduced dramatically (formerly 5% for carriers and 2% for devices). At the same time the deductions dramatically (formerly 5% for carriers and 2% for devices). At the same rate has been reduced The remuneration 20% to 30%. for cultural purposes have been raised from Since March 25, 2011 devices are no longer subject to levies. Remuneration is due only for blank carriers intended predominantly predominantly no longer subject to levies. Remuneration is due only for blank carriers intended 25, 2011 devices are Since March importers/ determined in negotiations with rate are material. The carriers and the remuneration for private copying of protected of carriers under to meet the characteristics considered During the negotiations the items listed above as “devices” are manufacturers. the definition given by the law. Additional Comments: Table 11: Table on Protection of Competition). It is within the capacity of this Commission to propose to the Parliament to to propose It is within the capacity of this Commission of Competition). on Protection as we legal proceedings we do not plan Copyright act. At present in the provision amend the respective cannot finance them. for amendments. Contrastingly, the lobby of importers is very powerful. In fact, it dictated all the present fact, it dictated all the present of importers is very powerful. In the lobby Contrastingly, for amendments. of the Commission on Protection approach plan as well to by the Parliament. We amendments adopted that contradicts the Law (as a provision EU countries issue of exempted deliveries from Competition, on the process that has started at European Commission level will be used as a pretext not to re-open the law re-open not to used as a pretext level will be Commission at European that has started process 30 International Survey on Private Copying Law & Practice 2012 Contact Information 7. Administrative Costs:Thecost ofcollectingcustoms:10%;managementfees:25%. remuneration towards rights owners. The BBDAreceives compensationforprivatecopying, incollaborationwithcustoms,anddistributesthe BBDA Society: Collecting and manufacturers atthemomentofimport. The remuneration forprivatecopyinginBurkinaisonlyonblankrecording media.To bepaidbyimporters Definition ofprivateuse:useinstrictlythefamilialcircle compensation forprivatecopying. an agreement betweenBBDAandtheGeneralDirectorate ofBurkinaCustomsregarding thecollectionof The perception ofcopyingremuneration iseffective inBurkinasinceJuly4,2003,followingthesigningof (Articles 82andfollowing). Act No. 032/99/AN of22December 1999 ontheProtection of Literary and Artistic Property in Burkina basis Legal Legislation andfundamentalfacts Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 2 Email 1 Contact person2 Contact person1 Website BURKINA FASO :

: 002265030682 : 0022650302223/0022650324750 : OUAGADOUGOU : 01BP3926 : 04ruedeVictoire : [email protected] : [email protected] : SolangeDAO,Secretaire Général : BalamineOUATTARA, Directeur Général : www.bbda.bf :  : 16,241,811 : FRANCCFA : BURKINAFASO (BBDA) BUREAU BURKINABEDUDROITD‘AUTEUR € 1.00=655.957FCFA International Survey on Private Copying

Law & Practice 2012 31 When the media are acquired by a business for their own use or production, by a business for their own acquired When the media are for purposes of the visually-, or hearing-impaired. acquired media are When recording possible, and is evaluated by a fixed price system. These terms are determined by regulation and cannot be cannot and regulation by determined are terms These system. price fixed a by evaluated is and possible, less than 10% of the price of the media. When the recording media are acquired for purposes of the visually-, or hearing-impaired, or acquired by a or acquired for purposes of the visually-, or hearing-impaired, acquired media are When the recording uses. business for professional for private copying is based on media type, and duration of the recording The amount of remuneration Professional uses/exemptions Professional Cross-border trade Cross-border purchases. liable for cross-border Importers are The BBDA itself manages the fund for promoting cultural purposes. The BBDA itself manages the fund for promoting by the Minister of Culture. by the BBDA and approved proposed Statutory deductions are This levy rate is set by Law 032 of 22 December, 1999 on the Protection of Literary and Artistic Property in of Literary and Artistic Property 1999 on the Protection This levy rate is set by Law 032 of 22 December, Burkina. Collective purposes fund. for private copying feeds the cultural promotion A deduction of 50% of the remuneration Beneficiaries of the remuneration for private copying are authors, performing artists, and producers of video authors, performing artists, and producers copying are remuneration for private Beneficiaries of the of videograms. and producers equally between authors, performers, shared and the monies are recordings, holders’ share shall be distributed at 50% to authors, 25% to performing artists, and 25% to producers. shall be distributed at 50% to holders’ share Distribution scheme Video: Distribution scheme authors, performing artists, and phonogram copying are remuneration for private Beneficiaries of the Audio: The rights and 50% for the fund of cultural promotion. at a split of 50% for rights holders producers, Distribution rules are proposed by the BBDA and approved by the Board of BBDA. Board by the by the BBDA and approved proposed Distribution rules are Distribution of Literary and set by Law No. 032: Protection are remuneration Distribution rules of the private copying in Burkina. Artistic Property * * Deliveries exempted: copying is granted: for private payment of the remuneration Exemption from Customs provide reports on collections on behalf of BBDA, as regards remuneration for private copying. remuneration on behalf of BBDA, as regards on collections reports Customs provide of Customs. certified by the General Directorate collections are of obligated parties: Control Collection Collection rates of remuneration for private copying are set by ministerial decree. set by ministerial for private copying are remuneration Collection rates of BBDA. by the proposed Collection rates are Levies/rates 32 International Survey on Private Copying Law & Practice 2012 Table 13: Table 14: The amountsmentionedaboveare theamountstobedistributed(net). Additional Information Lecteur MP4,SDcard,MicroSD,MiniMMC,Memorystick,Telephone portable données Baladeur, Appareildesalonàdisquedurintégré,Supportinformatiquestockage CD-R data,Decodeur, Magnetoscope,Televiseur àdisquedurintégré(DDI) Bande magnétique DVD, DVDR/RW, DVDR/RWvideo Disquettes Cassette video Téléphone portable Lecteur MP3,ClesUSB DVD-RAM, DVDRW, DVDRWdata Bande magnétique CD-R audio,CD-RW Minidisc Cassette data Cassette audio Total Total “Video” Total “Audio” Audio Revenues Video Revenues Total Revenues Revenues Remunerations/Levies

Audio 233,651.25 86,784.75 2009 (€) 2009 (€) 2009 (€) 320,435 Video 178,471.46 66,289.4 2010 (€) 2010 (€) 2010 (€) 244,760 10% ofprice 10% ofprice 10% ofprice 10% ofprice 10% ofprice 10% ofprice 10% ofprice 10% ofprice 10% ofprice 10% ofprice 10% ofprice 10% ofprice 10% ofprice 10% ofprice 10% ofprice Tariff 303,593.84 112,763.4 2011 (€) 2011 (€) 2011 (€) 416,356 Capacity International Survey on Private Copying

Law & Practice 2012 33 1.00 = CAD 1.3139 € : +1 416 486 3064 : Laurie Gelbloom, General Counsel : [email protected] : [email protected] East, Suite 403 : 150 Eglinton Avenue : M4P 1E8 Ontario : Toronto, : +1 416 486 6832 : Canada : CAD : 34,108,752 Copying Collective : Canadian Private : www.cpcc.ca : Anna Bucci, Executive Director

selling or renting out, or by way of trade exposing or offering for sale or rental; out, or by way of trade exposing or offering selling or renting distributing, whether or not for the purpose of trade; communicating to the public by telecommunication; or performing or causing to be performed, in public. CANADA Phone Fax Postcode City Address Email 1 Email 2 Contact person 1 Contact person 2 Name of organisation Website Currency Population Country distribution in Canada, of blank audio recording media imported into Canada or manufactured in Canada. media imported into Canada or manufactured distribution in Canada, of blank audio recording Remuneration is collected through a levy on blank CD-R, CD-RW, CD-R Audio, and CD-RW Audio. a levy on blank CD-R, CD-RW, Remuneration is collected through or sale first upon payment, for liable are media recording audio blank of importers and Manufacturers (d) is legally or illegally obtained. of whether the source The private copying levy is payable regardless (a) (b) (c) Pursuant to section 80(2) of the Copyright Act, the act of making a copy does constitute an infringement of Pursuant to section 80(2) of the Copyright Act, the act of making a copy if the copy is made performance, or the sound recording, the copyright in the musical work, the performer’s for the purpose of doing any of the following: Pursuant to section 80 of the Copyright Act, a copy made onto an audio recording medium for the private medium recording Pursuant to section 80 of the Copyright Act, a copy made onto an audio does not constitute an infringement of the copyright in the musical use of the person who makes the copy, work, the performer’‘s performance, or the sound recording. in December 1999. Definition of private use: Legal basis: was set by the Copyright Board Copyright Act of Canada as amended in 1997. The first private copying levy Legislation and fundamental facts Contact Information 8. 34 International Survey on Private Copying Law & Practice 2012 regime, andisresponsible fordistributiontotheserightsowners. The CPCC represents all rights holders that are eligible for remuneration under the Canadian private copying Canadian PrivateCopyingCollective. Society: Collecting audio ordatanotforpersonaluse.http://www.cpcc.ca/en/zero-rating technology companies,conferenceandotherfirmsthatduplicateof andtrainingcompanies,governments, religious organisations,telemarketing firms,software companies,duplicationfacilities,medicalinstitutions, agencies, advertisingthemusic,filmandvideoindustries,courts,tribunalscourt reporters, allows levy-free purchases fororganisationssuchaseducationalinstitutions,broadcasters, lawenforcement In certaincircumstances, companies canregister intheCPCC’‘sZero-Rating programme. Theprogramme CPCC atTariff hearings. The CopyrightBoard ofCanadasetsthedistribution schemes afterconsidering evidence submitted by the Distribution Blank audiorecording media soldtoassociationsthatrepresent personswitha perceptual disability. exempted: Deliveries amounts payableandtheinformationrequired undertheTariff. and importersmustkeeprecords foraperiodofsixyearsfrom whichtheCPCCcanreadily ascertainthe verify theaccuracyandcompletenessofreports andpaymentssubmittedto theCPCC.Manufacturers parties: Pursuant tothePrivateCopyingTariffs, theCPCCmayauditrecords ofmanufacturers andimporters to obligated of Control notified theCPCC. less than$2,000intheprevious sixmonthperiodmayopttomakepaymentsbi-annuallyafterhavingso required tosubmitreports andlevypaymentsonabi-monthlybasis.Anymanufacturer orimporterwhopaid Pursuant to the Private Copying Tariffs, manufacturers and importers of blank audio recording media are Collection the privatecopyingofmusicinCanada. The CPCChascommissioned Circum Network Inc. toconductmonthly surveys thatcollect information about other partiesatTariff hearings. The CopyrightBoard ofCanadasetsthelevyrateafterconsideringevidencesubmittedbyCPCCand Levies/rates its costsofadministration. record companiesthrough itsmembercollectives.TheCPCConlywithholdsthosefundsnecessarytodefray The CPCCisanon-profit corporationthat represents songwriters, recording artists,musicpublishers,and Comments: Additional those costsincurred bytheCPCCindistributingfundscollectedtoitsmembercollectives. Costs: In 2010,theCPCCretained 21.70%ofrevenue forexpenses.TheCPCC’s administrativecostspertainonlyto Administrative 83(8)(d) oftheCopyrightAct. The CPCCisdesignatedasthecollectingbodybyCopyrightBoard ofCanada,pursuanttoparagraph

International Survey on Private Copying

Law & Practice 2012 35 Tariff until the Board has certified the 2012 – 2013 Tariff. has certified the 2012 – 2013 until the Board Tariff for all microSD memory cards sold, or otherwise disposed of, in Canada by manufacturers and importers. sold, or otherwise disposed of, in Canada by manufacturers memory cards for all microSD which extended the 2011 issued an Interim 2012 – 2013 Tariff On December 19, 2011, the Copyright Board The CPCC has filed a proposed Tariff for 2012 – 2013 which maintained the levy on CD-R, CD-RW, CD-R CD-RW, the levy on CD-R, for 2012 – 2013 which maintained Tariff The CPCC has filed a proposed memory cards. electronic a levy on microSD rate, and proposed Audio, and CD-RW Audio at the current January 1, 2012 from it will be effective memory cards, on microSD certify a tariff Should the Copyright Board storage and professional use. storage and professional Developments How is professional use taken into account when determining the level of remuneration? use taken into account when determining the level of remuneration? How is professional used for private copying. The Copyright The private copying levy only applies to blank media that is ordinarily uses, such as data that the media is used for other a discount to the rate of the levy to reflect applies Board There is no Legal Exemption for professional use but companies may register in the CPCC’‘s Zero-Rating in the CPCC’‘s Zero-Rating use but companies may register no Legal Exemption for professional is There with the CPCC. by entering into agreements programme remitting the levy to the CPCC. remitting uses/exemptions Professional audio recording media over the internet from a foreign business for their own use. In the case where a person for their own use. In the case where business media over the internet a foreign from audio recording the over example for seller, foreign a from media recording blank audio purchases A”) (“Person Canada in and for reporting Person A would be responsible internet,media to a Canadian purchaser, and then sells that Importers are liable for cross-border sales; pursuant to Canada’s Copyright Act, the liability to pay the levy is Copyright Act, the sales; pursuant to Canada’s liable for cross-border Importers are media into Canada purpose of trade imports a blank audio recording imposed upon every person who for the a blank in Canada who purchases and sells that media in Canada. No liability is imposed upon an individual No levy is payable if blank audio recording media is exported. The units exported are reported bi-monthly. reported The units exported are media is exported. No levy is payable if blank audio recording trade Cross-border Export Collective purposes: cultural) purposes. no deduction for collective (social and/or is currently There The CPCC’s constituent member collectives submit claims to the CPCC for the rights holders that they submit claims to the CPCC constituent member collectives The CPCC’s policy. distribution CPCC’s with the The CPCC distributes the levies in accordance represent. 23.8% – Re: Sound Music Licensing Company (Eligible Performers) and 18.0% – Re:Sound Music Licensing Performers) and 18.0% – Re:Sound Music Licensing Company (Eligible 23.8% – Re: Sound Makers). Company (Eligible Distribution scheme and SODRAC (Authors, CMRRA (Publishers), Authors and Music Publishers), 58.2% – SOCAN (Composers, Audio:Composers and Publishers). to their members, the rights holders. The CPCC’s administrative costs pertain only to those costs incurred by only to those costs incurred administrative costs pertain the rights holders. The CPCC’s to their members, collectives. the funds collected to its member the CPCC in distributing The CPCC distributes levies collected to its member collectives. The member collectives distribute those levies distribute those member collectives collectives. The collected to its member distributes levies The CPCC 36 International Survey on Private Copying Law & Practice 2012 Currency: 1EUR=1.3139CAD Additional Information Table 16: Table 15: Audiocassette CD-RA/RWA CD-R/RW Total Revenues Total “Audio” Minidisc Audio CD-R/RW CD-R/RW Audio Revenues Audio Revenues Remunerations/Levies

16,025,250.01 15,225,167.82 140,523.63 658,310.37 1,248.19 2009 (€) e e Tariff 0.22 0.22 12,215,943.37 11,428,414.64 782,500.95 4,526.98 2010 (€) 500.80 Capacity Per unit Per unit Not Available Not Available 2011 (€) n/a n/a International Survey on Private Copying

Law & Practice 2012 37 1.00 = 7.40 KN € : +385 1 6387-001 : Nenad Marcec, general director : Nenad Marcec, : [email protected] : [email protected] : Heinzelova 62a : 10 000 : Zagreb : +385 1 6387-056 : CROATIA : KN : 4,437,460 : HDS ZAMP : www.zamp.hr : Katarina Matanovac Furic CROATIA Phone Fax Postcode City Address Email 1 Email 2 Contact person 1 Contact person 2 Name of organisation Website Currency Population Country According to the law, the responsible party is the importer or producer of media or equipment. party is the importer or producer the responsible to the law, According The law says that responsibility for reporting and payment can be arranged at the import, or at time of resale. at time of resale. and payment can be arranged at the import, or for reporting The law says that responsibility sue we not, If resale. of time the at comes payment for responsibility that is importers with agreement Our that can be used for private copying. day of the first import of products the from The exception does not apply when the source is illegal. The exception does not apply when the source levies on media and/or equipment. Remuneration is collected through The reproduction is to be made only by a natural person, for noncommercial, private use, no matter if is to be made only by a natural person, for noncommercial, The reproduction Private use implies usage/exploitation in the was made in an analogue or digital environment. reproduction personally connected in any way to the consumer. of people that are in a circle private sphere, Novine no.167/03; 79/07. Implementation started on 12th of January, 2007, but the agreement between between 2007, but the agreement Novine no.167/03; 79/07. Implementation started on 12th of January, rights holders and importers includes the year 2006. Legal basis: of Official Gazeta Narodne Copyright Law, of Articles 32 and 82 of Croatian Provisions Legislation and fundamental facts Contact Information 9. 38 International Survey on Private Copying Law & Practice 2012 HDS-ZAMP distributes directly to authors ofmusical works andother rights owners,towards therespective DHFR ZANA ZAPRAF HUZIP HDS ZAMP Society: Collecting ZANA ZAPRAF HUZIP Audio: HDS scheme Distribution The distributionschemeissetoutbyagreement approval oftherightsholders.Nogovernmental isneeded. Distribution Importers donotdenyanyresponsibility atthistime,foranyproduct. Only XDcards. exempted: Objects Exemptions are madebylaw, onlyformedicaloreducationalpurposes,inthecare ofinvalids. exempted: Deliveries documents ofimportersconnectedtotheimportsuchproducts. parties: We alsohavequarterlyreports from ourcustomsservice.Andthecontractallowsustocontrol allthe obligated of Control quarterly reports from importers. Reporting isnotstipulatedinthelaw. Itwassetoutinnegotiations,soitisapartofthecontract.We receive Collection for EUcountries. Rates are setinfree negotiationsbetweenstakeholders.Ananalysisofthelevelremuneration wasmade Levies/rates Costs: Cost ofcollectionanddistributionis20%.Collectionsforallyearsare shownafterthedeductionofourcosts. Administrative collecting societies.

– filmproducers orfilmdirectors – publishersofliteraryworks – phonogramproducers – performers – – publishersofliteraryworks –1% – phonogramproducers –29.67% – performers29.67% – authors39.67%

collective society thatadministersauthors’rights.Ithasalegalmonopolyandcollects remunerations forallrights holdersinCroatia:

International Survey on Private Copying

Law & Practice 2012 39 Capacity Capacity

Per unit Less than 1 GB Per unit Per unit/less than 10 GB Per unit Per unit Per unit Per unit Per unit Per unit Less than 16 GB More than 16 GB Less than 16 GB More than 16 GB Per unit Per unit Per unit Per unit Per unit Per unit

0.01 0.01 0.08 0.01 1.93 0.55 2.75 0.55 4.13 0.27 0.55 1.10 0.55 1.10 0.82 1.37 0.82 5.50 1.95 1.37 Tariff Tariff € € € € € € € € € € € € € € € € € € € € Video Audio Devices – movie co-authors and movie producers – 70% and movie producers – movie co-authors – performers – 30% Remunerations/Levies Apple iPod Mobile phone with MP3 function Analogue video recorder Personal computer Hifi HD recorder USB stick Analogue audio recorder DVD recorder (external) Computer hard disk Memory card CD writer (internal) CD recorder (external) DVD writer (internal) DVD R/W MP3 player Audio CD R/W Videocassette Audiocassette Table 17: Table There is a legal exemption for medical or educational purposes, in case of invalids. is a legal exemption for medical or educational There as exemptions. uses/exemptions Professional Export quarterly reported as imports to other countries. They are exempted because we consider them Exports are the percentage is set by rights holders. is set by rights the percentage of the funds. members decide on allocation – the board Composers’ society The Croatian Collective purposes: but This is stipulated in the law, for social and/or cultural purposes. deducted are 30% of authors’ revenues DHFR HUZIP Distribution scheme Video: 40 International Survey on Private Copying Law & Practice 2012 Table 18: (net revenues) Total Revenues Total “Devices” Hard disck PC DVD recorderforPC CD recorderforPC Hi-fi CDrecorder Analogue audio/videoplayer Other devices: Cell phonewithMP3player Digital audio/videoplayer Devices withMP3player: hkDVD harddiscrecorder USB stick Memory card Total “Video” DVD Videocassette Total “Audio” Audiocassette Data-CD R/RW Revenues Device Revenues Audio Revenues Video Revenues

1,240,618 1,944,318 1,707,349 2009 (€) 2009 (€) 2009 (€) 147,125 218,295 144,775 129,249 21,874 79,437 15,526 92,194 91,005 1,189 1,313,477 1,101,324 2010 (€) 2010 (€) 2010 (€) 134,954 694,449 174,061 124,993 119,956 24,689 73,171 87,160 381.62 86,779 5,037 1,198,107 1,078,276 2011 (€) 2011 (€) 2011 (€) 106,618 713,539 174,082 79,944 70,431 69,987 444.53 49,400 295.40 49,105 4,093 International Survey on Private Copying

Law & Practice 2012 41 for the first half-year. 1.00 = 24.586 CZK (avrg. in 2011) 1.00 = 24.586 CZK € : [email protected] : Na Porici 21 : 110 00 : Prague 1 : +420 221 871 943 : +420 221 871 906 : Czech Republic : CZK 2011 : 10,532,770 in January : INTERGRAM : www.intergram.cz Hampl : Miroslav Producers, importers, and consignees of blank record carriers; importers, and consignees of blank record Producers, that person, pursuant to Paragraphs (a) to (c), unless of the liable in lieu The carrier or forwarder upon written request collective rights manager without undue delay, person informed the relevant consignee or producer; about the details necessary for the identification of the importer, of paid provider services, in the case of printed reproductions; of paid reproduction The provider the device services shall also mean the person who makes available, for a consideration, reproduction for making printed reproductions. Producers of devices made for reproducing and recording, importers of such devices from third third importers of such devices from and recording, of devices made for reproducing Producers of the member states from of such devices or consignees the “importer”), (hereinafter countries the “consignee”); Communities (hereinafter European importers, and consignees of technical devices used for printing reproductions; Producers, CZECH REPUBLIC CZECH Phone Fax Postcode City Email Address Contact person Name of organisation Website Currency Population Country party. The due date is 20th February for the second half-year and 20th August The due date is party. The liable parties have to pay the levies according to the agreement between INTERGRAM and the liable between INTERGRAM to the agreement The liable parties have to pay the levies according (e) (b) (c) (d) (a) Remuneration is collected through levies on media and/or equipment. Remuneration is collected through Legally responsible parties: Definition of private use: copyright shall not be infringed by whoever for his own personal use makes a Definition of private use: copyright shall not be infringed by whoever or imitation of a work. reproduction, recording, Legal basis: 121/2000 Coll. as amended. Law Nr. Legislation and fundamental facts Contact Information 10. 42 International Survey on Private Copying Law & Practice 2012 Levies/rates represented rightsowners. Costs: 30%. INTERGRAMisacollectionassociation,andanorganisationresponsible fordistributiontothe Administrative rights owners,onlythoseforproducers andperformers. INTERGRAM isnotresponsible forthecollectionanddistributionofprivatecopyingremunerations forall INTERGRAM Society: Collecting The distributionschemesare setbythelaw. Distribution medium, theremuneration shallbepaidonlyforthecapacityofembeddedmedium. mobile telephones,andcordless telephones.Where suchdevicesare suppliedwithanembeddedmemory According to the decree 408/2008 Coll., the provisions shall not apply to digital camcorders, digital cameras, exempted: Objects within thecountryonlyforoperationalpurposesbypersons intheirowncompany. Remuneration shallalsonotbepaidinthecaseofdevices andemptycarriers,iftheseare intendedtobeused and b),orofexportemptycarriersaudio,audiovisual fixations,forthepurposeoftheirfurthersale. Remuneration shallnotbepaidinthecaseofexport thetechnicaldevicesreferred toinparagraph(3)a) exempted: Deliveries (d) (c) (b) (a) information onthecontentandextentofimportingorreceiving acommoditythat: the customsauthorities,andauthoritiesresponsible forthestatestatisticalservice,toprovide himwith parties: The onlycontrol is the customs clearance statistics from the Czech Statistical Office. Theauthor may require obligated of Control and blankcarriers,alsothetotalnumberofprintedreproductions madebythedevices. imported orreceived devicesformakingreproductions orfixations,devicesusedforprinting reproductions, the amountofremuneration, including, but not limited to, information on the type and number of the sold, not laterthanbytheendoffollowingcalendarmonth–includeinformationrelevant fordetermining Reports giventotherelevant collectiverightsmanager–alwaysinsummaryforhalfofthecalendaryearand Collection The Legislatordeterminesthelevies;nomarketresearch isused. is adeviceformakingaudio,oraudiovisual,otherfixationsprintedcopies; is intendedtoserveasacarrierforthemakingofsuchreproduction (blankrecord carrier); is areproduction ofhisworkoranaudio,audiovisual,anyotherfixationthework; data neededforclaimingtherightsensuinghereof. detailsnecessary for theenforcementAct, orto learn of rightsensuingfrom the thisAct, or tolearn commodities, forutilisationintheentire territoryoftheCzechRepublic,isincompliancewiththis and statisticaldocumentstotheextentnecessaryfindoutwhetherimportor receiving ofsuch is adevice,product orcomponentdefinedinArticle43(2);andshallhaveaccesstothecustoms : legalmonopoly;civilassociation of rightsholderswithauthorisationtheMinistryCulture.

International Survey on Private Copying

Law & Practice 2012 43 Per 1 GB Per 1 GB Per 1 GB Capacity Capacity Over 60 min. Over 180 min. Under 60 min. Under 180 min. Video 0.024 0.041 0.081 0.098 0.119 0.004 0.031 0.041 0.009 0.073 1.2% 0.6% 1.5% Tariff Tariff 0.75% € € € € € € € € € € 3.54 + 0.003 € 0.032 but max 1.939 € Audio Devices Remunerations/levies architects, set designers (scenographers), costume designers, art directors, and authors of choreographic and authors of choreographic directors, costume designers, art set designers (scenographers), architects, and pantomime works). fixatons, and 15% for the performers). and musical-dramatical works, authors of musical works with and without test, camera operators, with and without test, camera works, authors of musical works and musical-dramatical 40% Performers and Producers of audiovisual fixations (split into 25% for the producers of audiovisual fixations (split into 25% for the producers of audiovisual 40% Performers and Producers 60% Authors (including, but not limited to, directors of audiovisual works, authors of literary, dramatic works, authors of literary, of audiovisual but not limited to, directors 60% Authors (including, 50% Authors (on a 50-50 basis). Producers 50% Performers and TV sets with recordable devices Audio devices Radios with audio devices Audiovisual devices HDD under 1 TB (external) HDD over 1 TB (external) DVD-R DVD-RW Memory card, flash disk Videocassette CD-R CD-RW Minidisc Audiocassette Audiocassette Videocassette

Table 19: Table Remuneration shall also not be paid in the case of devices and empty carriers, if these are intended to be to intended are these if carriers, empty and of devices case the paid in not be also shall Remuneration own undertaking. If the by persons in their contracts on the base of licence only the country used within the levy payment. exempt from use, then these carriers are for professional the carriers are liable body proves This matter is not settled yet in our jurisdiction. uses/exemptions Professional Cross-border trade Cross-border Export The liable parties pay only for goods sold in the Czech or resales. Remuneration shall not be paid for exports reports. their The liable parties exclude the exports from Republic territory. 15% is deducted for collective (social and/or cultural) purposes before distribution. The deductions are distribution. The deductions are and/or cultural) purposes before 15% is deducted for collective (social set by General Assembly. determined by rights owners. This is Collective purposes: − Technical devices for the fixation of audio-visual recordings and blank carriers used for audiovisual recordings: and blank carriers used for audiovisual recordings audio-visual devices for the fixation of Technical − Distribution scheme Video: Technical devices for the fixation of sound recordings and blank carriers used for sound recordings: and blank carriers used for sound recordings sound devices for the fixation of Technical − − Distribution scheme Audio: 44 International Survey on Private Copying Law & Practice 2012 Table 21: combination ofdifferent typesofrecordings. Tariff isapercentage ofthesaleprice.Devicesare chargedaccording towhethertheyare usedforimageorsoundrecording only, ora Additional Comments: 2011 –isanexpectedrevenue for2011 in 2011:24,586CZKper1EUR in 2010:25,290CZKper1EUR in 2009:26,445CZKper1EUR The ratesofCZK/EUR(annualaverageaccording totheCzechNationalBank) Additional Information Table 20: Total Revenues Total “Devices” Video Audio Total “Video” Total “Audio” HDD Memory cardwriters DVD writers CD writers Device Revenues Audio Revenues Video Revenues Revenues Remunerations/levies (Continued)

1,028,739.08 1,341,270.87 434,448.37 546,649.82 3,351,106 2009 (€) 2009 (€) 2009 (€) 1.26% 1.41% 1.26% 141% 607,340.35 421,527.96 418,024.83 586,218.06 2,033,109 2010 (€) 2010 (€) 2010 (€)

538,982.54 481,202.17 356,445.75 870,054.64 2,246,683 2011 (€) 2011 (€) 2011 (€) International Survey on Private Copying

Law & Practice 2012 45 collects for performers 1.00 = 24.60CZK € j Záhorský ě s. armády 20 Č : Peter Dvornický : [email protected] : [email protected] : : 160 56 : Praha : 00-42-220315231 : Czech Republic : CZK 2011 : 10,532,770 in January : OSA : www.osa.cz : Mat : : moment

moment

liability

Legislation and fundamental facts CZECH REPUBLIC CZECH liability

Phone Postcode City Address Email 1 Email 2 Contact person 1 Contact person 2 Name of organisation Website Currency Population Country OSA collects for all authors and rights holders (including DILIA and OOA-S). INTERGRAM OSA collects for all authors and rights holders (including DILIA and OOA-S). OSA distributes to the authors of musical works with or without lyrics. and producers. Collecting Society:OSA (OSA collects also on behalf of DILIA and OOA-S). Legally responsible or receivers. Importers or producers party: Contractual Arranged only by law. At the time of import. Copyright law and Ministerial regulation. Copyright law and Ministerial regulation. Legal 11.1 Legal basis: Contact Information 11. 46 International Survey on Private Copying Law & Practice 2012 Importers andlocalproducers, basedonCopyrightlaw.report: to Obligation Collection ofcultureThe Legislator–Government/Ministry determinesthelevies. Levies/rates Costs: Deduction forexpenses–8% Administrative No refund levies. Companiescandeduct exportsfrom nextreport. Export OSA deducts8%from collectiveleviestocoveritscosts. TheSupervisoryBoard decides whattodowithit. Collective purposes: revenues from publicperformances(10%)from thelast2years. other: OSA’s distributionschemesare distributedtotherightsholdersaccordingscheme tomechanicalrevenues (90%)and Distribution revenues from publicperformances(10%)from thelast2years. Video: OSA’sscheme distributionschemesare distributedtotherightsholdersaccording tomechanicalrevenues (90%)and Distribution revenues from publicperformances(10%)from thelast2years. Audio: OSA’sscheme distributionschemesare distributedtotherightsholdersaccording tomechanicalrevenues (90%)and Distribution The schemesofdistributionareregulation. setbyOSA,Dilia,OOA-Stheirinternal Distribution No refund levies.Companiescandeductexportsfrom nextreport. Exports are exemptedbythelaw. exempted: Exports Equipments are exemptedbyaMinisterialregulation. Mobile phones,digitalcamcorders, andcameras. exempted: Objects No. exempted: Deliveries parties: Auditing activitiesofOSA. obligated of Control

International Survey on Private Copying

Law & Practice 2012 47 2011 (€) 2011 (€) 2,246,683 5,181,406 1,556,674 1,378,039 2,934,713 Capacity Under 180 min. Over 180 min. Per 1 GB Per 1 GB Per 1 GB Capacity Without radio With radio Without TV tuner With TV tuner Under 60 min. Over 60 min. 2010 (€) 2010 (€) 2,033,109 4,829,040 1,363,320 1,432,611 2,795,931 Video 1.5% 1.5% 1.5% 1.5% 1.5% 0.004 0.031 0.041 0.009 0.041 0.081 0.073 0.098 0.024 0.119 Tariff Tariff 0.75% 0.75% 3.54 + 0.003 0.032 but max 1.939 2009 (€) 2009 (€) 2,472,206 1,844,772 4,316,978 3,351,106 7,668,084

Audio

Revenues Remunerations/Levies Revenues Total “Video” Total Device Revenues Total Czech Republic Total Total “Devices” Total Revenues OSA Total Revenues INTERGRAM Total Total carriers Total DVD writer HDD (internal) Video Video CD writer HDD over 1 TB (external) Devices Audio Audio F Memory card, kFlash disc HDD under 1 TB (external) Videocassette DVD-R DVD-RW Minidisc Videocassette Audiocassette CD-R CD-RW Audiocassette In case of carriers we do not have division between audio and video. Table 23: Table Table 22: Table sanctions, etc. Developments public through of the Copyright Act the revisions began to prepare Ministry of Culture In January 2012, the use, for professional exceptions of the importers and producers, Legal register are: discussions. The topics Professional uses/exemptions Professional use. for professional is no legal exemption There Importers are liable for cross-border sales. liable for cross-border Importers are Cross-border trade Cross-border 48 International Survey on Private Copying Law & Practice 2012 Contact Information 12. be abletocontrol thatallreports are correct. Retailers are obligedtodisclosethenameofparty deliveringtheblankmediainorder forKulturPlusto were sold. The due date for paying the levies is the last day in the month following the month in which the blank tapes factory. levies whentheysellblankmedia.Paymentisdueatthe timeoftheimportordistributionfrom the have anagreement withCopydanKulturplus.Wholesalerswithoutsuchanagreement are obligedtopay Manufacturers andimportersare obligedtopayleviesunlesstheblanktapesare soldtowholesalers,who DVDs betweenagivenyearandthe2005. Remuneration leviedonmedia.Plusadditionalstatefunding, tocompensatefordifference inproceeds on source islegal. is abitbroader beingthecopierandhisclosestcircle ofacquaintances.Theexceptionappliesonlywhenthe restricted tothecopier’‘spersonaluseorthatofhishousehold.Inregards toanaloguecopies,thedefinition The definitionofprivateusediffers in relation todigitalcopiesandanaloguecopies.Digitalare of June27th,2006.TheDanishprivatecopyingandremuneration systemhasexistedsinceJanuary1993. Consolidated ActonCopyrightno.202ofFebruary27th,2010,withlaterchanges,&Ordinance no.731 basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 2 Email 1 Contact person2 Contact person1 DENMARK : +4535441403 : +4535441495 : CopenhagenØ. : 2100 : Bryggervangen8,1.sal : [email protected] : [email protected] : SteenGori : GunverHeimdal-Kej : www.copydankulturplus.dk : CopydanKulturPlus : 5,580,516 : DKK : Denmark € 1.00 =7.44 International Survey on Private Copying

Law & Practice 2012 49

Exports are exempted by law. Upon presentation of export documentation the levies are refunded. refunded. of export documentation the levies are Upon presentation exempted by law. Exports are artists, musicians, etc. Export Collective purposes: upcoming e.g. supporting purposes, for cultural used should be levies collected 33% of the states that The law 33.33% – Performers 33.33% – Producers Distribution scheme33.33% – Authors Video: 33.33% – Authors 33.33% – Performers 33.33% – Producers Distribution scheme Audio: Distribution purposes. Besides collective for to be distributed are levies collected of the law that 33% determined by It is determined by the rights owners. this, the distribution schemes are Objects exempted: not levied. drives are and hard Devices such as computers, MP3 players, with Copydan Kulturplus Deliveries exempted: they have a valid agreement exempted, provided are users, including educational institutions Professional within the organisation, who has an undisputed right to make both announced and unannounced control undisputed right to make both announced and unannounced control within the organisation, who has an or administrative employee has the right to examine any visit the accountant visits. When making a control to undertaking the control. to have any value in relation accounting material which is believed Control of obligatedexternalCopydan Kulturplus may choose an publicly-authorised accountant, or an administrative employee parties: Collection the the month in which month following sales during the their report obligation to parties have an The liable sold. blank tapes were The levies are set by law. The levies are adjusted once a year. adjusted once The levies are set by law. The levies are is obliged to provide the Ministry with all requested information. with all requested the Ministry is obliged to provide Levies/rates owners. Copydan Kulturplus Culture. of of the Ministry authorisation upon monopoly, legal Kulturplus has Copydan Copydan Kulturplus. for all rights private copying remunerations the collection and distribution of for Copydan is responsible Collecting Society: 50 International Survey on Private Copying Law & Practice 2012 Additional Information Table 25: compensation yet.The2009 addedupto that therightsholderswillbecompensated thesameincomeasin2005.Theamountsfor2011havenot beenadjustedwiththis by thereduction intheremuneration itselforbyafallinsaleofDVDs).Thecompensation isregarded asaguaranteeensuring * TheMinisterofCulture iscompensatingtherightsholders for anyfallintheDVDproceeds (regardless ofwhetherthefalliscaused It isnottakenintoaccountsincethere isalegalexemption. How isprofessional use taken intoaccountwhendeterminingthelevelofremuneration? with CopydanKulturplusare exemptfrom payinglevies. There isalegalexemption forprofessional use.Companiesandeducationalinstitutionswithanagreement Professional uses/exemptions no remuneration iscurrently collected.TheOpuscase(C-462/09)mightchangethis. The importerisliableforcross-border purchases. Whenthecross-border purchase iscarriedoutbyconsumers, Cross-border trade Table 24: Total Revenues Total “Devices” USB Stick Memory Card Total “Video” DVD Videocassette Total “Audio” Minidisc Audiocassette Data-CD R/RW USB Stick Memory Card HD-DVD Blu Ray DVD double-layer DVD RAM DVD- R/RW DVD+ R/RW Videocassette Data-CD R/RW Audio-CD R/RW Hi-MD Minidisc Audiocassette Device Revenues Audio Revenues Video Revenues Revenues Remunerations/Levies Devices Audio

1,159,415.42 2,939,601.09 1,283,142.58 1,258,750.19 2,724,785.01 577,684.61 581,730.81 214,816.08 5,382,158 23,164.12 1,228.26 2009 (€) 2009 (€) 2009 (€) € € € € € € € € € € € € € € Tariff Tariff e 0.80 0.30 0.30 0.30 0.30 0.57 0.68 0.68 0.48 0.48 0.48 0.48 0.48 0.48 1,263,440.86andthe2010compensation Video 2,955,587.09 1,079,323.30 3,033,845.16 569,984.46 509,338.84 940,878.31 925,638.13 5,054,046 78,258.07 14,244.46 2010 (€) 2010 (€) 2010 (€) 995.72 e 1,639,784.95. Capacity Capacity Per hour Per hour Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit 1,004,379.67 842,852.97* 804,507.50* 626,840.76 377,538.92 724,797.29 716,503.35 2,572,028 38,345.47 7,405.23 2011 (€) 2011 (€) 2011 (€) 888.71 International Survey on Private Copying

Law & Practice 2012 51 : +358 9 677 134 : Olli Valkama, Director of the Private Copying Unit Director : Olli Valkama, : [email protected] : [email protected] 1 : Lauttasaarentie : 00200 : Helsinki : +358 9 681 011 : Finland : EURO : 5,375,276 (2010) : Teosto : www.hyvitysmaksu.fi Pekari, Researcher : Turo FINLAND is set by the Finnish Government. of the copy is illegal. The exception does not apply if the source account. the devices, available research Fair compensation is dependent on the device sales, storage capacity of of fair compensation, since the level and scope of remuneration interpretation data, and also the society’s compensation. the frequency the available survey material about the level of private copying remuneration, setting Before into taken be should equipment, and devices different in used DRMs of scope the and copying private of The law states that remuneration levels should be ratified to a level that can be considered fair levels should be ratified to a level that can be considered The law states that remuneration Phone Fax Postcode City Address Email 1 Email 2 Contact person 1 Contact person 2 Name of organisation Website Currency Population Country The remuneration is collected through levies on media and equipment. is collected through The remuneration in must pay the remuneration for payment. The retailer or the importer is responsible The manufacturer may claim a repayment the retailer fails to do so. However, the case that the importer or the manufacturer • • • Definition of in Finland. The definition of “fair compensation” is very open to interpretation private use:• the amendment 821 (2005). The new provisions concerning became active on remuneration the amendment 821 (2005). The new provisions private copying January 1st, 2007. Legal basis: 404 (1961), the Copyright 663 (2008) of the Copyright Act 1254 (1994), (1984), 34 (1991), Amendments 442 with revised was Act The Copyright Education. of ministry by the given decree a (1995), and 574 Decree Legislation and fundamental facts Contact Information 13. 52 International Survey on Private Copying Law & Practice 2012 Administrative Costs: Administrative Teosto isresponsible forthecollectionanddistributionofprivatecopyingremunerations forallrightsowners. Association approved byMinistry ofEducationforaperiodmax.5years. Teosto Society Collecting manufacturer, andupondistributiontothelocalmarket. from the importer or the manufacturer. Payment is due upon import, when products leave the site of the Dealers/retailers are legally obligedtoreport whenrequested byTeosto. Legal obligationforimporters/manufacturers toreport toTeosto. • • • • • The obligationtoreport lieswith: Collection Audiovisual Producers inFinlandTuotos, PhonogramProducers andPerformersGramex,IFPIFinland. Composers’ CopyrightSocietyTeosto, TheCopyrightSocietyKopiosto,TheAssociation for working group hasrepresentatives from Nokia,the ConfederationofFinnishIndustriesEK,the The research working group is responsible for designing and monitoring the surveys. In 2012, theresearch Communications, andtheConsumerAgency. well astheMinistryofEducation,EmploymentandEconomy, MinistryofTransport and board forprivatecopyingremuneration are thecopyrightorganisations,manufacturers, andimporters,as under Finland’s advisory board for private copying remuneration. The delegations represented in the advisory Annual surveysonprivatecopyingare designedandsupervisedbyaresearch workinggroup, operating Research ondigitalprivatecopyinghasbeenconductedsince1999. extent usedtomakecopiesforprivateuse. to thegeneralpublic,orotherequipmentthatenablesreproduction ofawork,andwhichistosignificant thescopeofcompensation,are audioorvideocarriersmanufacturedWithin orimportedtobedistributed data. Oneofthemaingoalsinformalbodyistoprovide thisinformation. The FinnishCopyrightActexpressively statesthattheremuneration shouldbebasedontheavailableresearch of theremuneration. Thisgroup meetsquarterly. as importers,resellers andrightsholders,toaninformalgroup todiscussissuesrelating tothelevelandscope The negotiations have been traditionally held in December. Teosto invites a number of interested parties, such Culture. manufacturers, importers, and organisations representing authors are held by the Ministry of Education and setsthelevelandscopeofremuneration.The FinnishGovernment Before thedecision,negotiationswith Levies/rates 2011: 695000EUR(11%) 2010: 730000EUR(11%) This ensures alevelofselfcontrol forthemarket. Obligation toprove thatcompensationhasbeenpaid. Secondarily: retailers; Obligation togivenotificationonowninitiative. Primarily: manufacturers andimporters; : :

International Survey on Private Copying

Law & Practice 2012 53 teaching or scientific purposes, that is part of normal business practices). used to store material for disabled persons, used to store (for example, all digital storing of data data processing professional used as memory or storage devices in – professional use, Act if the copy is made for – professional by the Copyright material that is protected used to store

exported, 8.2% Gramex VIDEO (100%) INDIVIDUAL TOTAL 69.4% Kopiosto 11.4% Teosto 11% Tuotos TOTAL VIDEO (100%) VIDEO TOTAL of total video) is (50% is paid via copyright societies, and that revenue The individual rights holders’ revenue divided to the societies as mentioned in the document: Distribution scheme50% Collective purposes Video:50% Individual rights holders TOTAL INDIVIDUAL AUDIO (100%) INDIVIDUAL TOTAL divided to the societies as mentioned in the document: 51% Gramex 44% Teosto 5% Kopiosto TOTAL AUDIO (100%) AUDIO TOTAL of total audio) is (65% is paid via copyright societies, and that revenue The individual rights holders’ revenue Distribution scheme35% Collective purposes Audio:65% Individual rights holders Distribution rights owners. of categories determined by Distribution shares and USB sticks. Objects exempted: computers, navigators, tablets, game consoles, on mobile phones, is no private copying remuneration There − − The Copyright Act provides an exemption from the private copying remuneration when the products are: when the products copying remuneration the private an exemption from The Copyright Act provides − − in certain situations the remuneration will not be applied. These situations are defined in paragraph §26 of defined in paragraph §26 of situations are will not be applied. These the remuneration in certain situations the Copyright Act. Deliveries exempted: the private copying of works. Accordingly, is to compensate private copying remuneration The purpose of the authenticating the company’s monthly reports, and verifying compliance with its contractual obligations. If and verifying compliance with its reports, monthly company’s authenticating the government an has the right to conduct that has no contract, the provincial is need to audit a company there is very seldom used. This of a party liable to pay the remuneration. premises investigation on the Customers with a contract are audited annually, or, in the case of the biggest customers, biannually. biggest customers, biannually. in the case of the or, audited annually, contract are Customers with a of for the purposes premises, conduct an inspection on the company’s the right to Teosto The contract gives Control of obligated parties: 54 International Survey on Private Copying Law & Practice 2012 If theprivatecopyremuneration ispaidforaproduct thatwillbeexported,theexportercanapplyfora Exports are exemptbythe law. Export Teosto isresponsible forallocationoffundstoartists,culturalproductions, orsocialschemes. The MinistryofEducationandCulture decidesthepercentage annually. Collectivepurposes50% Video: Audio: Collectivepurposes35% Collective purposes: The newsystem isintendedtolaunchinthe beginningof2013. meeting, theguidelines under which theprivate copying remuneration systemwill be reformed during 2012. The Government’s ministerialworkinggroup oneducationalpolicydecided, 13th December2011atits Developments end ofthepurchase year. Professional usersmayapplyforrefund afterwards. Refundsmustbeappliedforwithin3monthsafterthe carriers from importersandmanufacturers whohaveasalescontractwithTeosto. for privatecopying.Professional usersreceive auniqueID,whichentitlesthemtopurchase recordable media/ To receive theexemption, onemustsignadeclarationtoTeosto, whichstates thatblankmediaisnotused copying remuneration. Companies/communities maybegrantedtherightto buy recordable media/carrierswithoutpayingprivate How isprofessional usetakenintoaccountwhendeterminingthelevelof remuneration? • • Simplifying therefund system: users: collecting organisationmaintainsalistofcontractsellers/buyers. professional of When auserwhohastherightforrefund, concludesanagreement withthecollectingorganisation,The exemption Upfront justification forexemptionfrom privatecopying remuneration. included intheprivatecopyingremuneration scheme.Forexample,userback-upoffilesisconsidered a All companyorcommunity-related copyingcanbeconsidered asprofessional use,andtherefore itisnot Professional uses/exemptions border retailers responsible forpayingthelevy. Based on the ECJ ruling on Stichting de Thuiskopie v Opus GMBH (Case C-462/09), Teosto considers cross- The lawdoesnotstatewhoisliableforcross-border salesdirectly toconsumers. Cross-border trade an applicationforrefund. export them,canreport the products theyhaveexportedintheirmonthlyreport. Theydonotneedtofillin Clients ofthePrivateCopyingUnitwhoimportproducts, andpartlyselltheminFinlandtoretailers, andpartly needs tobeenclosedwiththeapplication. refund byfillingintheform “application for refund”. Acopyofthepurchase invoiceandanexportdocument to paytheremuneration. A userexemptedfrom theremuneration isentitledtobuyproducts from acontractsellerwithouthaving exempted from theremuneration, A sellerisabletosellproducts withouttheprivatecopyingremuneration, touserswhohavebeen International Survey on Private Copying

Law & Practice 2012 55 400 600 25,000 11,400 43,000 997,000 692,000 729,000 2011 (€) 2011 (€) 2011 (€) 2,245,000 1,100,000 3,242,400 5,428,400 1,414,000 1,457,000 Capacity Capacity Memory over 1 GB, max. 20 GB Memory over 20 GB, max. 50 GB Memory over 50 GB, max. 150 GB Memory over 150 GB, max. 250 GB Memory over 250 GB, max. 500 GB Memory over 500 GB, max. 750 GB Memory over 750 GB 60 min tape 90 min tape 120 min tape 120 min tape 180 min tape 240 min tape Memory max. 1 GB Memory over 1 GB, max. 10 GB Memory over 10 GB, max. 25 GB Memory over 25 GB Memory min. 50 GB, max. 250 GB Memory over 250 GB, under 1 TB Memory min. 1 TB, max. 3 TB Memory max. 512 MB Memory over 512 MB, max. 1 GB 600 2,500 23,000 12,500 58,000 945,000 981,100 2010 (€) 2010 (€) 2010 (€) 1,641,000 2,009,000 3,652,500 6,478,600 1,787,000 1,845,000 0.30 0.45 0.60 0.91 1.37 1.82 Tariff Tariff € € € € € € 9 euros 4 euros 7 euros 10 euros 12 euros 15 euros 18 euros 25 euros 30 euros 36 euros 12 euros 18 euros 0.20 euros 0.60 euros 1.20 euros 1.80 euros Video

9,400 2,200 8, 900 41,000 133,000 2009 (€) 2009 (€) 2009 (€) 1,312,100 2,222,000 2,355,000 2,298,000 2,822,000 5,129,400 8,796,500 1,260.,000

Audio Devices

Revenues Remunerations/Levies Video Revenues Audio Revenues Device Revenues Total Revenues Total Video Hard Disc Recorder External Hard Disc with Hard Disc Television “Devices” Total Total “Video” Total MP3 player VHS DVD Blu-ray/HD-DVD Minidisc “Audio” Total C-Cassette CD-R storage capacity Digital audio and video recorders with integrated Digital audio and video recorders with integrated External Hard Discs Recordable CD-, DVD-, Blu Ray and Minidiscs Recordable CD-, DVD-, Blu Ray and Minidiscs VHS-cassettes, S-VHS cassettes, JA Beta-cassettes VHS-cassettes, S-VHS C-cassettes Table 27: Table Additional Comments: 10 GB). is for units with capacity of over 1 GB (max DVD: tariff on 8cm discs. is no remuneration There navigators, tablets, game consoles, and USB sticks. on mobile phones, computers, is no private copying remuneration There Table 26: Table 56 International Survey on Private Copying Law & Practice 2012 Contact Information 14. on theterritory, bythemanufacturer ortheimporter. Liable forpayment,are importersandmanufacturers ofsubmittedcarriers/devices, atthetimeofdistribution determined bytheextentofcapacity. The remuneration iscollectedthrough storagecapacity, leviesonmediaandequipmentwithinternal copier andnotintendedforcollectiveuse. The definitionofprivateuseisinarticle(IPCL122-5): thecopyis reserved strictly fortheprivateuseof specific decisions,excludingDAT, C10&C15 Tapes, 8cmDVD. All familiesofcarriersare notincludedinthescopeofdecisionsadministrative commissionand devices acquired notablyforprofessional use,andwhichare notpresumed tobeusedforprivatepurposes. L 311-8II-lawenactedonDec23rd, 2011):theobligationtopayremuneration shallnotapplytocarriersor The scopeoftheexception,inaccordance withthePadawandecision,hasbeenredrafted lastDecember(IPC, Code). Articles L311-1uptoL311-8CPI,Livre I,duCodedelaPropriété III,Titre Intellectuelle(IntellectualProperty basis Legal Legislation andfundamentalfacts Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 2 Email 1 Contact Person2 Contact Person1 Web site FRANCE : : (33)147158797 : (33)147158753/(33)56 : NeuillysurSeine : 92210 : 225Avenue CharlesdeGaulle : cé[email protected] : [email protected] : CecileKREMNICKY : Charles-HenriLONJON : www.copiefrance.fr : CopieFrance : 65,001,000 : Euro : France International Survey on Private Copying

Law & Practice 2012 57 : : : 1/3 to authors’ organisations 1/3 to performers’ organisations organisations 1/3 to videogram producers’ Distribution scheme Video: 50% to authors’ organisations 25% to performers’ organisations organisations 25% to phonogram producers’ Distribution schemes are set by the law. Distribution schemes are Distribution scheme Audio: Distribution Objects exempted: not included in the scope of the decisions of the administrative Commission, and All families of carriers are Tapes, 8cm DVD. C10 & C15 specific decisions, excluding DAT, The obligation to pay remuneration shall not apply to carriers or devices acquired notably for professional use, professional notably for shall not apply to carriers or devices acquired The obligation to pay remuneration to be used for private purposes. not presumed and which are The scope of the exception, in accordance with the Padawan decision, has been redrafted last December (IPC, the Padawan decision, has been redrafted with The scope of the exception, in accordance 2011). L 311-8 II- law enacted on Dec 23rd, Reports are audited on a voluntary basis, or through court decisions. court audited on a voluntary basis, or through Reports are Deliveries exempted Control of obligated parties Collection: their outgoings to report responsible who are manufacturers, lies with importers and The obligation to report of stock each month. IPC, L 311-4: obligation to determine the level of the remuneration on the basis of usage studies. the level of the remuneration IPC, L 311-4: obligation to determine The tariffs are set up by a specific administrative commission composed of 24 meMBers: 12 are representatives representatives are 12 24 meMBers: of composed commission a specific administrative up by set are The tariffs and importers, and 6 of consumers’ organisations. manufacturers of rights holders’ organisations, 6 of Decisions are interest”. the State and the “general represents with a specific voting power, A President, and officially issued. then voted discussed in a contradictory process, Levies/rates No legal monopoly. Societies are obliged to be constituted according to specific provisions of the intellectual provisions to specific according to be constituted obliged are Societies No legal monopoly. collecting rights societies. code regarding property of 1.1%. Average Administrative Costs: Regarding distribution, Copie France is responsible for the first step of the distribution process (i.e. from (i.e. from of the distribution process for the first step France is responsible distribution, Copie Regarding members). rights societies’ board Copie France to collecting Copie France is responsible for the collection of private copying remunerations for all rights owners (of audio, for the collection of private copying remunerations Copie France is responsible and visual arts). video, written works, Collecting Society 58 International Survey on Private Copying Law & Practice 2012 Authors’, producers’, andperformers’ organisationsare responsible forthedistribution ofthefunds. Deductions are stipulatedin thelaw. owners: 25%. Percentage deductedfor collective(socialand/orcultural)purposes,before distributiontotherights Collective purposes: arts: 50% publishers visual and 50% authors works Written Copie Francesuppliesinformationontheamountofprofessional useofalevied carrier. How isprofessional usetakenintoaccountwhendeterminingthelevelofremuneration? According tothelaw, professionals havetosignanagreement tobeexempted. A legalexemptionappliesintheCPIICP, L311-8-LawenactedonDec23rd, 2011. Professional uses/exemptions cases are inprocess. without levies to French consumers, and to force them to report all deliveries to the French market. Court Since theOPUScase,CopieFrancehassummonedseveralforeign-based websites,tostopthemselling French legalframework. countries (butwhoseactivityandlogisticsremained inFrance)withthesolepurposeofcircumventing the Copie Francefiledlawsuitsagainstwebsitesartificiallylocatedjustacross the French border inneighbouring For severalyearsprevious totheOPUScase,importerlocatedinFrancewasresponsible. Cross-border trade supplier thesumsinvolved,informingexportingcompanythattheirhastorefund theminreturn. Copie Francechecksthattheremuneration hasbeenpaidtothembythesupplier, andthenrefunds tothe proof thattheleviedproducts havebeenexported,andthattheremuneration has beenpaidbytheirsupplier. When distributors/retailers exporttheleviedproducts boughtinFrance,theymustpasstoCopieFrancea French manufacturers andimporterswhosellcarriersorequipmentabroad do not havetopaylevies. Export International Survey on Private Copying

Law & Practice 2012 59 Remunerations/Levies

Table 28: Table 60 International Survey on Private Copying Law & Practice 2012 Table 29: 2) 1) Additional information Hard discinsertedintoaVideoRecorder player Hard discsorMemoryinsertedintodigitalaudio(MP3) Total “Video” DVD data Videocassette Total “Audio” Minidiscs Audio CD Audiocassettes Data-CD R/RW Hard discinsertedintoaDecoderandTVset devices Memory orharddiscinsertedintoamultimediaWalkman or Memory orharddiscinsertedintoHi-Fidevices USB sticksandremovablememorycards Memory inaglobal Tablets Others Walkman Phones External harddiscs Total Revenues Total “Devices” positioning system(GPS)oracarradio In Francewedocollectoncarriersinsertedintodevices,neverdevices bythemselves. For hybriddevices(dataCD-R,dataDVD,USBkey, hard external discs,andmemorycards), revenues are splitbetweenaudio, split betweenaudioandvideoremunerations. video, writtenworks,andvisualartsremunerations. Formemoryorhard discsinsertedintomultimediadevices,revenues are Revenues

Device Revenues Audio Revenues Video Revenues 111,567,028 172,361,311 38,508,475 34,007,428 22,285,808 21,375,602 19,539,832 20,126,195 10,192,989 14,312,834 13,632,102 10,763,050 15,261,407 13,021,887 10,357,557 16,886,264 34,744,682 5,660,384 7,500,688 7,745,926 4,501,047 6,325,305 8,962,197 8,276,640 455,442 400,827 159,941 225,440 524,925 2009 (€) 2009 (€) 2009 (€) 53,937 188,737,396 141,582,888 29,693,791 27,094,288 17,460,717 17,010,859 36,868,149 47,235,690 2,599,503 158,347 257,716 2010 (€) 2010 (€) 2010 (€) 33,795 17,864 192,780,541 159,567,074 20,550,934 19,425,738 12,662,533 12,204,878 50,501,477 50,063,382 1,125,196 3,593,538 158,564 148,114 175,066 2011 (€) 2011 (€) 2011 (€) 150,977 41,579 International Survey on Private Copying

Law & Practice 2012 61 : Dr. Till Zimmer, Legal Director Till Zimmer, : Dr. : [email protected] 11 : Rosenheimer Str. : 81667 : München : 089-48003-416 : 089-48003-988 : Germany : Euro : 82 Mio. für private Überspielungsrechte : ZPÜ – Zentralstelle : www.zpue.de Director : Erich Wulff,

GERMANY Fax City Phone Address Postcode Email 1 Contact person 1 Contact person 2 Name of organisation Website Currency Population Country ZPÜ distributes to partners representing all rights holders. Rights holders are members of ZPÜ-partners. of members holders are Rights holders. rights all partners representing to distributes ZPÜ Distribution to rights holders is an obligation of the partners. ZPÜ is only responsible for collection of private copying remunerations for audio and video rights owners. for audio and video for collection of private copying remunerations ZPÜ is only responsible VG WORT and VG rights are for reprographic Responsible for collection of private copying remunerations BILDKUNST. Collecting Society: It has a legal monopoly. ZPÜ – Zentralstelle für private Überspielungsrechte. importers, wholesalers and retailers are legally bound to provide information upon request. Joint and several Joint and several information upon request. legally bound to provide are importers, wholesalers and retailers upon distribution into They have to report wholesalers, and retailers. liability of importers, manufacturers, local market. The remuneration is collected through levies on media and equipment. is collected through The remuneration types and numbers of imported media and equipment. Manufacturers, Legal obligation for importers to report The definition of a private copy can be found in article §53 UrhG. The exception does not apply when the The definition of a private copy can be found in article §53 UrhG. The illegal, or manifestly illegal. is source Copyright Act from 9/9/1965, amended on 24/06/1985, with further amendments in 1990, 1994, 1995, Copyright Act from for private copying since 01.01.2008 with new regulations in force 1998, 2003, 2007. Latest revision remunerations. Legislation and fundamental facts Legal basis: Contact Information 15. 62 International Survey on Private Copying Law & Practice 2012 Manufacturers, wholesalers andretailers are legallyboundtoprovide informationabouttheirproducing Legal obligationforimporterstoreport typesandnumbersofimportedmediaequipment. Collection Empirical studiesontheusageofdevicesandstoragemediumsare performedbymarketresearch institutes. arbitration board orthecourt. This regularly leads to judicial proceedings, so that in the enda new andvalid tariff is suggested/ set by the importers. Ifthenegotiationsare unsuccessfulthentariffs willbesetbyZPÜbasedonmarketresearch data. Levies are setbyZPÜas a result ofnegotiationsbetweenZPÜandassociationsmanufacturers and Levies/rates There isnoLegal Exemptionforprofessional use,butsomecontractual exemptions. Professional uses/exemptions abroad isresponsible ifthe Germanrecipient isaprivate consumer. The German party is responsible for cross-border purchases, if the recipient is a commercial entity. The party Cross-border trade German manufacturer orimporter. retailer ordistributorwhohasboughtgoodsfrom aGermansource canclaimrefund from thesource – the refunds already-paid remunerations to the manufacturer orimporterwhohaspaidthelevytoZPÜ.AGerman In caseofexportstheimporterisentitledtoarefund. ZPÜdoesnotrefund retailers orconsumers.ZPÜonly Export GWFF, TWF, VFF, VGF, VGBild-Kunst,and VG Wort. Negotiations betweenZPÜ-Partnersare inprogress. Ourrelevant rightsholdersare: GEMA,GÜFA, GVL, Distribution Distribution Exports are exemptedbylaw, §54IIUrhG. Exports Abstract specificationsofexemptionsingeneralagreements. PCs forindustrialusers,inATMs, etc. Objects Certain exemptionsforprofessional orindustrialusers. exempted Deliveries reported bytheretailers. correctness of reports. The reports of the importers and manufacturers areparties cross-checked with the figures Importers andmanufacturers couldbetestifiedbyacountantsincaseof reasonable doubtsconcerning obligated of Control retailers. figures orsources upon request. Jointandseveralliabilityofimporters,manufacturers, wholesalers,and

exempted exempted

schemes : : : : : International Survey on Private Copying

Law & Practice 2012 63 € All Tariffs in All Tariffs Per hour Per hour Per hour Per hour Capacity Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece 7.00 9.00 7.00 0.10 0.10 5.00 17.00 0.062 0.197 0.139 0.271 0.550 1.264 0.117 0.386 3.473 34.00 19.00 0.0614 0.0614 0.0614 0.0870 1.8750 17.0625 15.1875 Tariff valid from 01.01.2010 Tariff valid from 01.01.2008 Tariff Tariff valid from 01.01.2010 Tariff valid from 01.01.2008 Tariff valid from 01.01.2008 Tariff Tariff valid from 01.01.2008 Tariff Objects exempted. E.g. PCs for industrial users, PCs in ATMs, etc. Abstract etc. Abstract PCs in ATMs, for industrial users, E.g. PCs Objects exempted. → PCs etc. Flash media Blank Media Consumer electronics Optical storage media

Remunerations/Levies whether blank media is writeable or rewriteable, whether blank media manufacturers, levies may not impair to the price of the product. proportional must be economically remuneration actual use of devices and blank media for private copying, actual use of devices and blank media, capacity of devices ≥ 1TB External CD/DVD-writer External HDD < 1TB External HDD Network HDD < 1TB Network HDD ≥ 1TB Internal CD/DVD-writer Multi-Media HDD with recording function Multi-Media HDD without recording function PC with CD/DVD-writer PC without CD/DVDVD-writer USB Stick Memory Card DVD Double Sided 9.4GB DVD Double Layer/Dual Layer 8.5GB Blu Ray 25GB DVD+/-RW 4.7GB DVD-RAM 4,7GB DVD-RAM 9.4GB CD-R up to 900MB CD-RW up to 900MB DVD+/-R GB DAT/MD Audio-CD-R/RW VHS Audiocassette

Table 30: Table New tariffs for all types of media and equipment valid from 01.01.2008/01.01.2010/01.01.2011 valid from for all types of media and equipment New tariffs for all types of media and equipment. Lawsuits in progress Developments − − − Since 1/1/2008 ZPÜ has to negotiate the remunerations with associations of manufacturers and importers of manufacturers with associations has to negotiate the remunerations Since 1/1/2008 ZPÜ new criteria has to be considered: new tariffs By setting setting new tariffs. before − − specifications of exemptions in general agreements. in general agreements. specifications of exemptions the level of remuneration? into account when determining use taken How is professional See above under Collection under Collection See above 64 International Survey on Private Copying Law & Practice 2012 Figures showrevenues, notpayments.Duetolawsuits,paymentstendtowards zero. Additional Information Table 31: Lawsuits inprogress foralltypesofmediaandequipment. Additional Comments: Table 30: Total Mobile phones HDD CD/DVD-writer PCs Video devices Audio devices USB/Flash Media CD-R/RW DVD-R/RW Video blankmedia Audio blankmedia Mobile phoneswithouttouchscreen ≥ 8GBstorage Mobile phoneswithtouchscreen < 8GBstorage Mobile phoneswithtouchscreen MP4-Player Display≥3"≤4" MP4-Player Display<3" MP3-Player CD-Recorder MD-Recorder AC-Recorder TV withHDD HDD-Recorder Set-Top-Box+HDD-Recorder DVD+VCR+HDD-Recorder DVD-HDD-Recorder DVD+VCR-Recorder DVD-Recorder VHS-Recorder Set-Top-Box withexternalHDD Revenues Remunerations/Levies (Continued) Mobile phones

289,978,000 160,358,000 49,797,000 15,559,000 13,674,000 11,187,000 38,206,000 1,992,000 -795,000 2009 (€) 0 0 0 Tariff validfrom01.01.2011 Tariff validfrom01.01.2010 36.00 16.00 15.00 13.00 25.00 34.00 34.00 34.00 49.00 39.00 30.00 22.00 15.00 13.00 12.00 5.00 5.00 7.00 243,751,000 228,963,000 5,348,000 3,152,000 3,853,000 1,698,000 -185,000 2010 (€) 231,000 673,000 18,000 0 0 Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece Per piece 30,298,000 5,251,000 1,569,000 3,520,000 6,041,000 7,195,000 6,722,000 2011 (€) International Survey on Private Copying

Law & Practice 2012 65 : [email protected] : [email protected] & Fragoklissias, : 51, Samou Str. : 15125 Athens : Amaroussio, : 0030-21110 29265 : 0030-210 6851576 : GREECE : Euro : 11,329,600 : AEPI : www.aepi.gr : Christine Mergoupi

moment:

GREECE liability basis:

Fax City Phone Address Postcode Email 1 Email 2 Contact person 1 Name of organisation Website Currency Population Country Responsibility for reporting and payment can be arranged contractually on a more regular basis, either on an regular on a more and payment can be arranged contractually for reporting Responsibility annual or semestrial basis. Legal liable for payment upon import or distribution by the manufacturer. are Importers or manufacturers Remuneration is collected through levies on media and/or equipment. Remuneration is collected through the following paragraphs, it shall be permissible for a person to make a reproduction of a lawfully published of a lawfully the following paragraphs, it shall be permissible for a person to make a reproduction payment. The term private use work for his own private use, without the consent of the author and without shall not include use by an enterprise, a service or an organisation.” See paragraph 1 of Article 18 of our law below. Therefore, the reproduction of a “lawfully published work” published “lawfully a of reproduction the Therefore, below. law our of 18 Article of 1 paragraph See for private use is the object of the exemption. laid down in 1 of Article 18: “Without to the provisions prejudice to par. Definition of private use: according Article 18 of Law 2121/1993 on Intellectual Property and Neighbouring Rights, as amended by laws Article 18 of Law 2121/1993 on Intellectual Property 2435/1996, 3049/2002, 3207/2003, is still in force. Legislation and fundamental facts Legal Contact Information 16. 66 International Survey on Private Copying Law & Practice 2012 Levies/rates Standard 8%commission. Administrative and rightsownersofmusicalworks.Ithasnolegalmonopoly. AEPI isresponsible forthecollection anddistributionofprivatecopyingremunerations forauthors,composers AEPI S.A. Collecting 20% toproducers ofaudioandvideocarriers. 25% tointerpreters andperformers 55% tocreators (allcategoriesofrightsowners) The legislatorhassettledthe followingdistributionscheme(appliedtobothaudio andvideosectors): schemes: Distribution Distribution the impositionoflevy. Mobile phoneimportersare denyingresponsibility, whilstsome videocamerasimportersare arguingagainst compensation, andimportersormanufacterers denyresponsibility. exempted products? Pleaseindicatetypesofrecording objectsfrom whichrightsownersclaim Is there ageneralagreement aboutexemptedmedia/equipment,e.g.intheformofalist Levies are imposedforconsumerproducts asperthenon-restrictive listofmedia/deviceslevied,below. exempted: Objects an enterprise,aserviceororganisation.” use, withouttheconsentofauthorandpayment.Thetermprivateuseshallnotincludeby it shall be permissibleforapersontomake a reproduction ofalawfully published workforhis own private According topar. prejudice totheprovisions 1ofArticle18:“Without laiddowninthefollowingparagraphs, Deliveries sanctions are provided. from liable party to immediatelysubmit the above statutorystatement,providing forapecuniaryfine,varying that declaration,theone-memberdistrictCourt,judgingprocedure ofinjunctionmeasures, orders the reproduction, which they imported or produced in Greece. In the case that the liable party fails to submit the truetotalvalueofequipmentreproduction ofsoundand/orimage,andthecarriersfitforsuch statement, byacertifiedaccountantappointedtheOrganisationofIntellectualProperty (OIP),declaring parties: Each collectingsocietyisentitledtorequest verificationoftheaccuracycontentsanystatutory obligated of Control on amore regular basis,eitherannuallyorsemenstrially. month from thedateofnotification. Responsibility for reporting andpayment canbearrangedcontractually Property (OIP),whenevera Collecting Societyservesthemawrittennotificationwithsuch request, withinone The liableparties(asmentionedabove,i.e.importers)mustreport totheHellenicOrganisationofIntellectual Collection The Legislatorsetsthelevies. € 3.000 to

exempted: Society:

Costs:

€ 30.000infavouroftheapplicantCollectingSociety, incaseofnon-compliance.Further

International Survey on Private Copying

Law & Practice 2012 67

being unable yet to determine how to distinguish between professional and private uses, as well as monitoring being unable yet to determine how to distinguish between professional the declarations made by importers. Legal exemption for professional use; see definition of private copy exemption as per Par. 1 of Article 18 of 1 of Article use; see definition of private copy exemption as per Par. Legal exemption for professional 2121/1993. the National Law nr. the importers and particularly the collecting societies devices have been “left out” of the levy, Professional Professional uses/exemptions Professional Cross-border trade Cross-border has not been dealt with yet in our country. purchases The issue of who is liable for cross-border Export with levies of the offset are for items re-exported paid already exempted (not in the law). Levies Exports are invoices. of re-export following period by submitting copies There is currently no deduction for collective (social and/or cultural) purposes. no deduction for collective (social and/or is currently There (directors/scriptwriters), 3% OSDEETE (artists of fine arts), 11.5% FIVOS (photographers). 3% OSDEETE (artists (directors/scriptwriters), Collective purposes: (Out of the 55% attributed to creators: 19.1% music authors (AEPI), 1.5% AFTODIAXEIRISI (music authors), 19.1% (Out of the 55% attributed to creators: THESPIS (theatrical writers/translators of plays), 52.5% ATHINA 4% OSDEL (writers/publishers), 5.4% scriptwriters). Distribution scheme Video: Distribution schememusic authors (AEPI), 7% AFTODIAXEIRISI (music authors), 5% 85% (out of the 55% attributed to creators: Audio: (directors/ (theatrical writers/translators of plays), 1.5% ATHINA OSDEL (writers/publishers), 1.5% THESPIS DIONYSSOS (Actors) ([email protected]) DIONYSSOS (Actors) APOLLON (Musicians) ([email protected]) TELEVISION RIGHTS S.A. (TV producers) 34.5% ([email protected]) 34.5% ([email protected]) S.A. (TV producers) TELEVISION RIGHTS only the following information: and performers we have to interpreters As to the 25% pertaining (Singers) ([email protected]) ERATO ERMEIAS (film producers) 6% ([email protected]) ERMEIAS (film producers) works) 8% ([email protected]) IRIDANOS (audiovisual works) 3% ([email protected]) of audiovisual PROMEDIA (Producers until at least 2009) is the following: until at least 2009) 36% ([email protected]) video carrier producers) GRAMMO (audio and works) 12.5% ( [email protected]) of audiovisual DIAS (producers As to the 20% pertaining to the producers of audio and video carriers, the latest information we have (valid latest information video carriers, the of audio and the producers 20% pertaining to As to the 68 International Survey on Private Copying Law & Practice 2012 Table 32: category includeroyalties forpastperiods,collectedretroactively. (85% intheaudiosectoroutof55%forcreators and,19.1%inthevideosectorrespectively). Also,thesumsmentionedineach Audio andvideocategoriescontainbothcarriersdevicesbelongingtoeachcategory, pertainingonlytothe%allocatedAEPI Additional Information Table 33: Total Revenues Total “Video” Total “Audio” music phones). Smart mediaMemorycards,Portableharddisc(external),ZIPdrive,USM (SonyDataUSB),Jazzdrives,Mobilephones(not Game Consoles,DigitalrecordersforIPTVandVODservices,MediaBox, Minidisc,compactFlashmemories,Memorystick, with HD(PVR),Harddrivemediaplayers,BluRayrecorderexternal,Digital camcorders,DigitalcameraswithSDcards, DVD- HDrecorder, Video–HDrecorder(cameras),Digitalrecorders(MP3,I-pods,MP4,etc.),VHSrecorders,receiver CD-ROM recorderexternal(PC),TVwithHDrecorder, Mini DVD,BluRaydisk,PCDiscettes>100MB,DDStapes,Travan disc,CD-Rdata,CD-RWDVDwriterexternal(PC), Cassettes (VHS,HI8,MiniDV,Video8), DVD-R,DVD+RW, DVD+R,DVD+RAM,DVC, Micro PA, Hi-Fiminidisc,Minimicrosystems,MusicMobilephones,Cassettes (MC). Hi-Fi, CDwriter, Hi-Fitaperecorder, CarHi-Fi,HDormemoryslots,Musicservers(jukeboxes),ICD(digitalvoicerecorder), Audio CD-R,CD-RW, DAT, DVD-Audio,DigitalAudioRecorders–MP3players, 6% onallproducts/devices Audio Revenues Video Revenues Audio Revenues Remunerations/Levies

839,082.30 736,937.49 1,576,019 2009 (€) 2009 (€) Tariff Video 548,949.24 229,251.87 2010 (€) 2010 (€) 778,200 Capacity 1,045,324.60 137,393.16 1,182,717 2011 (€) 2011 (€) International Survey on Private Copying

Law & Practice 2012 69 1.00 = 310.77 HUF € : + 361 212 1542 : Brigitta Puskas : [email protected] : [email protected] u. 15-17. : Mészáros : 1016 : Budapest : + 361 488 26 60 : HUNGARY : Hungarian forint : 9,986,000 : ARTISJUS : www.artisjus.hu : David Kitzinger

HUNGARY Phone Fax Postcode City Address Email 1 Email 2 Contact person 1 Contact person 2 Name of organisation Website Currency Population Country and sound recordings concerned. and sound recordings visual artists, performers, sound recording producers. producers. visual artists, performers, sound recording technological it shall be taken into account whether effective At the determination of the remuneration, films, performances, works, the to applied are rights related and copyright of protection the for measures The remuneration shall be determined by the responsible collective management society (Artisjus) in collective management society shall be determined by the responsible The remuneration producers, film authors, film collective management societies representing with the other affected agreement films, and sound recordings that are broadcast in radio programmes and television organisations, included in in radio programmes broadcast that are recordings films, and sound by cable, and released to the public their own programmes communicating of the entities the programmes for distribution on audiovisual or audio carriers. Under §20 (1) and (2) CA the definition reads as follows: Under §20 (1) and (2) CA the definition shall be due, on the private purpose copying of their works, performances, The private copy remuneration of the producers to the authors of works, the performers of performances, and recordings, films and sound Legal basis: Copyright Act LXXVI. of 1999. Legislation and fundamental facts Contact Information 17. 70 International Survey on Private Copying Law & Practice 2012 Legal liability moment: moment: liability Legal In additionpleaseseethetermsandconditionsofexemptionsprovided for, intheTariff Chart. − − − − number ofcasesfree reproduction: system: The privatecopyremuneration, under§35(1),(4),(5),(7),(8)CA,shallcompensatethelossescausedbya Remuneration There are mediadevicesthat are notleviedbutno explicit exemptions. exempted: Objects Even professional usersandexportersare requested toreport. exempted: Deliveries 2. parties: 1. obligated of Control information uponrequest. Legal obligationtoreport forimportersandmanufacturers. Dealers/retailers are legallyboundtoprovide Collection prices. Artisjus conductatleastthree usersurveysperyear, We focusingonmediausagepatterns. alsomonitor the HungarianIntellectualProperty Office,afteraconsultationprocess. Initial ratesare setbyrightsowners‘organisations.Theseare annuallyapproved bytheMinistryofJusticevia Levies/rates deduction. Costs: Our overheadis17%.Nofurtherdeductionappliesinourdistribution.Theotherlicensorsmightapplya Administrative and hasalegalmonopoly. Artisjus isresponsible forthecollectionanddistributionofprivatecopyingremunerations toallrightsowners, Society: Collecting universal liability. party: Importers orproducers of recording mediaorequipment.Resellers,wholesalers andretailers alsobeara responsible Legally put themintocirculation (for producers). Liability momentdueonthe8thdayafterimport(forimporters),orstockinggoodsinorder to

Regular auditsinshops,markets,shoppingcenters,etc. Hologram stickersontheproducts. Ephemer reproduction bybroadcasting entities. Reproductions madeinschools forteaching/exampurposes, LAMS free reproductions, Private copyingbyprivatepersons,

International Survey on Private Copying

Law & Practice 2012 71 Capacity Per unit Per unit < 300 MB < 700 MB > 700 MB Per unit 0.20 0.20 0.14 0.20 0.051 0.080 Tariff

Audio

Remunerations/Levies 13% – Film producers (FILMJUS) 13% – Film producers (FILMJUS) 22% – Cinematographic creators 4% – Visual artists (HUNGART) 16% – Script writers (FILMJUS) (ARTISJUS) 20% – Authors of music and literature 25% – Performers (EJI) Distribution

− − − − 20% – Authors (ARTISJUS) such as: 80% – Rights owners, − − 25% – Producers (MAHASZ) 25% – Producers 45% – Authors (ARTISJUS) (EJI) 30% – Performers Audio-CD CD-R/RW CD-R/RW DATA CD-R/RW DATA Audiocassette Mindisc Table 34: Table How is professional use taken into account when determining the level of remuneration? use taken into account when determining the level of remuneration? How is professional either 100% or 0%. apply We Professional uses/exemptions Professional in each case. The law defines exemption cases but an individual contract has to be made Cross-border trade Cross-border A consumer cannot be liable. purchases. is liable for cross-border The importer/manufacturer claims when authentic invoices and delivery notes (EU exports), or statements of customs clearance are delivery notes (EU exports), or statements of customs clearance are claims when authentic invoices and submitted in conjunction with the clearance. Export In daily practice Artisjus accepts refund scheme in the Copyright Act. No refund exempted by law. Exports are The majority of the fund is distributed by the Hungarian Government’‘s The majority of the fund is distributed National Cultural Fund; the remaining by law since January 2012. regulated Deduction schemes are part is distributed by Artisjus‘ own foundation. Artisjus deducts 10% of its own share before distribution for social and cultural purposes. Deductions are for social and cultural purposes. Deductions are distribution before Artisjus deducts 10% of its own share stipulated in the law. Collective purposes: 1. 2. 3. Distribution scheme Video: 1. 2. Setting of distribution schemes is a matter for rights owners. No further governmental approval required. required. No further governmental schemes is a matter for rights owners. Setting of distribution approval Distribution scheme Audio: 17.1 72 International Survey on Private Copying Law & Practice 2012 Table 34: USB Stick USB Stick Memory card MP3-player DVD doublelayer DVD RAM DVD-R/RW DVD-R/RW DVD+R/RW DVD+R/RW Videocassette Remunerations/Levies (Continued) Devices Video Tariff 19.30 12.87 0.051 0.051 10.94 10.30 28.96 25.74 22.52 9.65 5.79 4.82 3.21 1.93 1.29 0.64 0.32 0.58 0.24 0.24 0.24 0.19 8.04 7.72 3.86 1.93 1.29 0.64 0.32 5.15 3.86 2.57 1.61 0.96 0.48 0.38 0.32 0.26 0.13 8 GB–16 4 GB–8 2 GB–4 1 GB–2 512 MB–1GB 256 MB–512 128 MB–256 64 MB–128 32 –64MB < 32MB < 9.4GB 4.7 GB 4.7 GB < 4.7GB 4.7 GB < 4.7GB Per unit > 32GB 16 GB–32 8 GB–16 4 GB–8G 2 GB–4 1 GB–2 < 1GB > 32GB 16 GB–32 12 GB–16 8 GB–12 4 GB–8 2 GB–4 1 GB–2 512 MB–1GB 256 MB–512 128 MB–256 64 MB–128 < 64MB > 80GB 40 GB–80 16 GB–40 Capacity International Survey on Private Copying

Law & Practice 2012 73

. € 580 2,035 31,070 69,758 15,769 868,551 902,236 909,830 2011 (€) 2011 (€) 2011 (€) 1,465,798 1,551,325 1,544,646 1,822,944 1,215,244 5,492,664 7,946,225 ; 9.4 GB – 15 GB: € ; > 200 GB: 2.73 € 64 MB – 128 MB 128 MB – 256 MB 256 MB – 512 MB 512 MB – 1 GB 1 GB – 2 GB 2 GB – 4 GB 4 GB – 8 GB 8 GB – 16 GB 16 GB – 40 GB 40 GB – 80 GB > 80 GB < 80 GB 80 GB – 160 GB 160 GB – 250 GB > 250 GB – 918 2,672 7,961 42,203 98,078 2010 (€) 2010 (€) 2010 (€) 1,110,189 1,155,982 1,964,090 2,070,129 2,080,831 1,714,575 1,152,726 1,410,707 6,358,839 9,584,950 1.03 1.54 2.58 3.86 4.63 7.72 10.29 15.44 18.02 20.59 23.17 10.30 12.87 18.01 23.17 ; 4.7 – 9.4 GB: 0.58 € – 1,266 4,057 5,830 22,544 ; 100 GB – 200 GB: 2.57 108,193 672,900 2009 (€) 2009 (€) 2009 (€) 1,349,463 1,377,330 2,055,494 2,169,517 1,839,627 1,295,617 1,587,101 5,395,245 8,942,092 €

; 50 GB – 100 GB: 2.25

€

1 = 273.1 HUF 1 = 272.55 HUF 1 = 310.77 HUF ; 25 GB – 50 GB: 1.61 € € € € Video Revenues Audio Revenues Device Revenues

Remunerations/Levies (Continued) Remunerations/Levies Revenues ; 15 GB – 25 GB: 1.29 € Storage capacity integrated into electronic devices for storing audio and/ Storage capacity integrated into electronic or audiovisual content* Mobile phones Total “Devices” Total Revenues Total Storage capacity integrated in consumer electronic devices for storing audio and/or audiovisual content* Mobile phones** MP3-player Memory card USB Stick DVD+/-/R/RW, DVD RAM DVD+/-/R/RW, Other high capacity optical discs (Blu Ray) “Video” Total Total “Audio” Total Cassettes Audiocassette Minidisc Audio-CD R/RW Data-CD R/RW Table 34: Table set top boxes and satellite receivers with integrated memory. with integrated memory. set top boxes and satellite receivers 35: Table Additional Comments: discs): Blu Ray levies: < 4.7 GB: 0.24 Other video levies (and other high capacity optical 0.96 televisions with integrated memory, with integrated memory, DVD recorders/burners with integrated memory, * e.g. video recorders Currency rate: revenues 2009 rate: revenues Currency 2010 rate: revenues Currency 2011 rate: revenues Currency Additional Information televisions with integrated memory, with integrated memory, DVD recorders/burners with integrated memory, * e.g. video recorders with integrated memory. set top boxes and satellite receivers counted under MP3 players. ** 2009-2010 they were 74 International Survey on Private Copying Law & Practice 2012 Contact Information 18. to report theirsalesandpaythelevieswithin75days from theendofquarter. According totheagreement betweenSIAEandprofessional associations,manufacturers andimportershave comply. the goodsare putonthemarket.Distributorsare alsoliablewhenthemanufacturer orimporterdoesnot Manufacturers andimportershavetopaytheprivatecopylevyupontheirsales.The liabilitymomentiswhen Remuneration iscollectedthrough leviesonmediaand/orequipment. works ontheconditionoflawfulsources ofthoseworks. The exception applies only when source is legal–Italian Copyright Law allows private copy of protected profit making,andforendsthatare neitherdirectly norindirectly commercial. Italian CopyrightLaw(Art.71-sexies)allowsreproductions madebyanaturalpersonforprivateuse,non- 2010). 2003); Decree ofMinisterCulture andNationalHeritageofDecember30th,2009(effective January14th, Copyright Law(L.633/41,Art.71-septies);LegislativeDecree n.68,April9th,2003(effective April29th, basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 2 Email 1 Contact person2 Contact person1 ITALY

: +390659903683 : +390659902598 : Rome : 00144 dellaLetteratura,30 : Viale : roberta.luise@siae.it : [email protected] : RobertaLuise : RenatoMontesano : www.siae.it : S.I.A.E.–SocietàItalianadegliAutoriedEditori : 60,340,328(2010) : Euro : Italy International Survey on Private Copying

Law & Practice 2012 75

of videograms, and to performing artists Distribution scheme to the producers of audio-visual works, equal parts to the original producers 30% to the authors 70% in three Video: Distribution scheme and performers (half to be paid to performers) 50% authors 50% producers Audio: Distribution schemes are set by law. set by law. Distribution schemes are *Audio microcassettes (for answerphones) *Audio microcassettes Distribution *Memory Cards with capacity 0 – 32 MB *Memory Cards *USB Sticks with capacity 0 – 256 MB *Floppy discs Objects exempted: 2012) *Videogames consoles (until March Exemptions: *Cd-R/Dvd-R for medical use (since 2011), *carriers or equipment purchased by pressing plants by pressing use (since 2011), *carriers or equipment purchased Exemptions: *Cd-R/Dvd-R for medical (since 2003). manufacture activity. manufacture Deliveries exempted: Control of obligated import/export, and regarding SIAE can make controls to Italian Copyright Law (Art.183-bis) According parties: Collection quarterly. their sales and importers have to report Manufacturers Among the elements considered in the approval procedure of the Decree, there was a poll regarding consumer consumer was a poll regarding there of the Decree, procedure in the approval Among the elements considered the sales of the subjected products. on research behaviour in private copying, and market Copyright Law, is set by decree of the Minister of Culture and National Heritage (subjected to a three-yearly Heritage (subjected to a three-yearly and National of the Minister of Culture is set by decree Copyright Law, by the Permanent Consulting Committee for Authors’‘ expressed update) and issued based on the advice was in 2010. in force that set tariffs last Decree Rights (Art. 190 of Copyright Law). The Levies/rates second paragraph of Art.71-septies of the Italian to the for Private Copying, according The remuneration collection costs. Due to appeals against the Ministerial Decree 30.12.2010, for the year 2010 SIAE decided 30.12.2010, for the year 2010 SIAE Decree to appeals against the Ministerial collection costs. Due is not yet For 2011 the balance not recorded. so these are collected, the PC remunerations to reserve 5%. of about and 2011 SIAE kept a percentage consolidated. For 2010 It has a legal monopoly. net of remunerations SIAE distributes private copying to Copyright Law, According Administrative Costs: S.I.A.E. – Società Italiana degli Autori ed Editori S.I.A.E. – Società Italiana for all rights owners. copying remunerations collection and distribution of private for the S.I.A.E. is responsible Collecting Society: 76 International Survey on Private Copying Law & Practice 2012 can applyforarefund to SIAE,fillinginaspecificform(since2003).Theyneedtoexhibitthepurchase Companies thatpurchase carriers orequipmentsinItaly, paythelevytotheirsupplier, andsellthemabroad, Italian manufacturers and importersthatsellcarriersorequipmentabroad donothavetopaylevies. exempted: Exports Export in themanagementofthesefunds. study andresearch, professional training,andpromotion andaidforartists/performers.SIAEisnotinvolved 50% ofthevideorevenues distributedtotheAssociationofArtistsandPerformershavebeallocatedfor Collective purposes Table 36: the industry, againsttheMinisterialDecree. Thesamecompaniescouldappealagainstthissentence. Last Marchdowntheappeals,lodgedbybiggestcompaniesof 2,2012,theadministrativecourtturned Developments accept thereimbursement systemforprofessional use. agreement aboutexemptioninspecificcases,e.g.professional use,medicaluse.Somecompaniesdidnot Legal Exemptionforprofessional use:According toDecree 30.12.2009,SIAEhastopromote ageneral Professional uses/exemptions that sellon-linecarriersorequipmenttoItalianconsumershavepaylevies. According totheDecree oftheMinistryCulture andNationalHeritage(January 2010)companiesabroad Cross-border trade invoice, andthesaleinvoicethatshowsexportofcarriers/devices. Memory Card* Devices withnomemoryorharddiscintegrated HD-DVD/RW Blu Ray/RW DVD Ram/DL DVD-R/RW DVD+R/RW D-VHS Videocassette Data CD-R/RW Minidisc Audio CD-R/RW Audiocassette External HDD* USB Stick* Remunerations/Levies Devices Audio Video 5% ofprice € € € € € € 0.01/GB 0.02/GB 0.09/GB 0.10/GB 0.03/GB 0.05/GB € € € € € € € € € € € € € Tariff Tariff 0.00 0.00 0.41 0.41 0.41 0.41 0.29 0.29 0.15 0.22 0.23 0.41 0.22 400 GBandmore > 400GB 4 GBandmore > 256MBto<4GB 0 –256MB 5 GBandmore > 32to<5GB 0 –32MB 15 GB 25 GB 4.7 GB 4.7 GB 4.7 GB 1 hour 1 hour 700 MB 1 hour 1 hour 1 hour Capacity Capacity International Survey on Private Copying

Law & Practice 2012 77 700 GB and more >10 GB to 15 GB > 15 GB to 20 GB > 20 GB to < 30 GB 30 GB and more Up to 80 GB > 80 GB to 120 GB > 120 GB to 160 GB > 160 GB to 250 GB > 250 GB to 400 GB > 400 GB to < 700 GB 700 GB and more Up to 1 GB > 1 GB to 5 GB > 5 GB to 10 GB > 10 GB to 20 GB > 20 GB to 40 GB > 40 GB to 80 GB > 80 GB to 120 GB > 120 GB to 160 GB > 160 GB to 250 GB > 250 GB to 400 GB > 400 GB to < 700 GB Up to 1 GB > 1 to 5 GB > 5 to 10 GB > 10 to 20 GB > 20 to 40 GB > 40 to 80 GB > 80 to 120 GB > 120 to 160 GB > 160 to 250 GB > 250 to 400 GB > 400 to < 700 GB 700 GB and more Up to 128 MB > 128 MB to 512 MB >512 MB to 1 GB >1 GB to 5 GB >5 GB to 10 GB 9.66 6.44 7.73 4.51 5.15 9.66 3.86 4.51 6.44 9.66 2.21 12.88 10.42 22.54 22.54 32.20 7.73 4.51 3.22 3.86 6.44 3.22 5.15 0.64 3.22 5.15 6.44 12.88 14.81 12.88 16.10 28.98 32.20 12.88 16.10 28.98 € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € € 2.76 every 10 GB 2.76 every 200 GB 1.84 every 200 GB 2.76 every 200 GB € 32.20 will increase by € € € 32.20 will increase by 12.88 will increase by 14.81 will increase by € € € € Remunerations/Levies (Continued) Remunerations/Levies allowing record and display of audio/video content on a TV or Hi-Fi device Multimedia external Hard Disc with audio/video IN & OUT plugs Multimedia external hard disc with audio/video OUT plugs Multimedia external hard disc with audio/video on a TV or Hi-Fi allowing the display of audio/video content device Hi-Fi devices Memory or hard ddisc inserted into MP3 Music Player or other Memory or hard ddisc inserted into MP3 Music Memory or hard disc inserted into a multimedia (audio/video) Memory or hard disc inserted devices walkman or other multimedia Table 37: Table 78 International Survey on Private Copying Law & Practice 2012 Table 38: HDD:themaximumlevyapplicableforeachunitis *External *USB Stick:themaximumlevyapplicableforeachunitis *Memory Card: themaximumlevyapplicableforeachunitis Additional Comments: Table 37: Total “Video” Blu Ray DVD Other Videocarriers Total “Audio” Minidisc Minidisc) Other Audiocarriers(from2010including CD-R Computer withoutintegratedburner Computer withintegratedburner communication asmainpurpose(mobilephone) Memory orHarddiscinsertedintodeviceshaving video content in previouscategoriesallowingrecordanddisplayofaudioor Memory orharddDiscinsertedinotherdevicesnotincluded or aTV Memory orharddDiscinsertedintoavideorecorder, adecoder, Mobile Phone External HDD USB Stick Memory Card Revenues Remunerations/Levies (Continued) Device Revenues Audio Revenues Video Revenues

€ 9.00; 21,454,896 19,027,794 16,448,107 16,150,137 2,427,102 288,709 2009 (€) 2009 (€) 2009 (€) 9,261 € € 20.00 5.00;

€ € 32.20willincreaseby 16,10willincreaseby € € 2.76 every500GB 1.84 every200GB € € € € € € € € € € € € € € € € € € € € € € € € 32.20 28.98 22.54 16.10 12.88 16,10 14,49 11,27 6.44 4.83 3.22 2.58 2.25 1.93 1.61 1.29 0.97 0.64 9.66 6.44 1.90 2.40 0.90 8.05 12,259,957 10,942,586 9,192,148 4,404,375 1,788,097 1,297,382 9,183,446 8,776,833 759,442 2010 (€) 2010 (€) 2010 (€) 406,613 19,989 > 80GBto120 > 40GBto80 > 20GBto40 > 10GBto20 > 5GBto10 > 1GBto5 > 512MBto1GB > 384MBto512 > 256MBto384 Up to256MB 1000 GBandmore > 400GBto<1000 > 250GBto400 > 160GBto250 > 120GBto160 > 80GBto120 > 40GBto80 Up to40GB Per piece Per piece Per piece 700 GBandmore > 400GBto<700 > 250GBto400 > 160GBto250 > 120GBto160 15,560,813 12,335,612 4,181,062 2,384,533 8,698,424 8.179,638 6,185,681 5,929,101 485,289 2011 (€) 2011 (€) 2011 (€) 256,580 33,497 International Survey on Private Copying

Law & Practice 2012 79 19,652 613,016 523,151 9,782,451 4,116,949 19,607,770 69,125,009 84,009,114 13,353 5,442,131 1,686,257 1,573,006 1,203,120 4,297,499 30,359,428 51,802,831 30,483 926,791 502,238 940,295 4,224,892 6,624,699 44,527,702

Revenues (Continued Revenues into devices, revenues are split between audio and video remunerations. are into devices, revenues For hybrid devices – data CDs, data DVDs, USB Sticks, external HDD and Memory Cards – and for memory or hard discs inserted discs inserted – and for memory or hard CDs, data DVDs, USB Sticks, externalFor hybrid devices – data HDD and Memory Cards integrated into Decoders/TVs, Media Centers, MP4 Players. discs included Memory/hard Equipment are In Other Video Recording Total “Devices” Total Revenues Total MP3 Player Equipment Other Audio Recording Equipment Other Video Recording Computer and Recorder DVD Writer and Recorder CD Writer Table 38: Table 1) 2) Additional Information 80 International Survey on Private Copying Law & Practice 2012 Contact Information 19. Remuneration iscollectedthrough leviesonmediaand/orequipment. it were madeinthiscountry). transmission whichismadeoutsidethiscountryand wouldconstituteaninfringementofcopyrightif is made upon reception of an interactive transmission which infringes copyright (including an interactive measures; (iii)where adigitalsoundorvisualrecording ismadebyapersonwhoknowsthatsuchrecording measures, orthatitceasestocauseobstruction,bysuchcircumvention, totheresults ofactsdeterred bysuch person whoknowsthatsuchreproduction becomespossiblebythecircumvention oftechnologicalprotection of automaticreproduction machinesplacedforthisusebythepublic;(ii)where reproduction ismadebya Copyright lawprovides thatprivatecopyexceptionsdonotapply, (i)where reproduction ismadebymeans within alimitedcircle.” The Copyright Law, amendedin 1992. Privateuse means “personaluse,family use orother similar uses basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Fax Phone Address Email 2 Email 1 Contact person2 Contact person1 JAPAN

:  :  :  : [email protected](SARVH) : [email protected](SARAH) : AkioTAKAHIRA(SARVH) : KazuyukiKINOSHITA(SARAH) : www.sarah.or.jp(SARAH)/www.sarvh.or.jp(SARVH) : SARAH/SARVH : 127,450,460 : Yen : Japan (SARVH) (SARVH) 6, Akasaka,Minato-ku,Tokyo, 107-0052(SARVH) 102-0083(SARAH)/Akasaka MitsujiBldg.6F, 5-4- Chiyoda-ku, Tokyo, +81 332613447(SARAH)/+81355702560 +81 332613444(SARAH)/+81335603107 Kojimachi YKbldg.2F, 1-8-14,Kojimachi,

€ 1.00=102.4Yen International Survey on Private Copying

Law & Practice 2012 81

The designated association (SARAH/SARVH) distributes the compensation received to the relevant rights to the relevant The designated association (SARAH/SARVH) distributes the compensation received owners. Compensation is included in the prices of the specified media/devices and sent to the designated the and sent to specified media/devices the prices of the included in is Compensation of the specified media/devices (manufacturers/ association (SARAH/SARVH) by manufactures/importers importers take cooperation responsibility); Purchasers of the specified media/devices have to pay, at the time of the purchase, and on receiving a and on of the purchase, at the time to pay, of the specified media/devices have Purchasers the Governmentclaim by the association designated by (SARAH/SARVH), for a lump-sum compensation private recording; media/devices when they ship the specified media/devices, and by sending the compensation to the media/devices when they ship the specified designated association (SARAH/SARVH). Users/purchasers take payment responsibility; (ii) Manufacturers/importers take cooperation responsibility take cooperation responsibility (ii) Manufacturers/importers take payment responsibility; Users/purchasers including the compensation in the prices of the specified the compensation, by in claiming and receiving association (SARAH/SARVH). Manufactures/importers have to cooperate with the designated association (SARAH/SARVH)designated association to cooperate with the have in claiming Manufactures/importers in the prices of the specified media/ by including the compensation the compensation, and receiving designated the to compensation the sending by and devices/media, specified the ship they when devices, Purchasers of the media/devices specified by the Cabinet Order have to pay, at the time of the purchase, purchase, at the time of the pay, have to specified by the Cabinet Order of the media/devices Purchasers association (SARAH/SARVH),the designated a claim by for compensation a lump-sum and on receiving private recording; Collection and individually)/importers have to report or manufacturers (organisations of manufacturers, Manufacturers send the compensation every 6 months, based on a contract. submits the agreed rates to the Agency for Cultural Affairs for approval. No market research is conducted. No market research for approval. rates to the Agency for Cultural Affairs submits the agreed Levies/rates composed of The designated association (SARAH/SARVH) negotiates rates with organisations which are (SARAH/SARVH)association designated the agreement, an reach they When manufacturers/importers. 2010: 7.5% (SARAH), 4.7% (SARVH); 2011: 8.4% (SARAH), 3.8% (SARVH). They are responsible for the collection and distribution of private copying remunerations for all rights owners. for the collection and distribution of private copying remunerations responsible They are Administrative Costs: SARAH (Soc. for Administration of Remuneration for Audio Home Recording) SARVH (Soc. for Administration SARAH (Soc. for Administration of Remuneration for Audio Home Recording) They have a legal monopoly. of Remuneration for Video Home Recording). iii. Collecting Society: ii. i. to the relevant rights owners. to the relevant to all rights owners individually, for users to pay the compensation as it would be too troublesome However, the following mechanism was also introduced: Additional comments:private of the purpose for recordings visual sound or make those who for obligatory makes it law Copyright to pay compensation specified by the Cabinet Order, device/medium use, by making use of a digital recording Legally responsiblei. party: Manufactures/importers have to report and send the compensation to SARAH/SARVH every 6 months, based to report have Manufactures/importers on a contract. Contractual liability moment: ii. i. Legal liability moment: 82 International Survey on Private Copying Law & Practice 2012 i. exempted: Objects Professional useoreducational useislegallyexempted. exempted: Deliveries parties: No control. obligated of Control Table 39: approvalSetting ofdistributionschemesisamatterforrightsowners.Governmental isnotrequired. Distribution andrepaid.by thedesignatedassociation(SARAH/SARVH) been oneclaimforCD-RandMDrespectively, andtwoclaimsforDVD,whichhavebeenjudgedappropriate a specifieddevice/mediumexclusivelyforpurposeotherthanthatofprivate recording. Sofar, there have may claim its repayment from by certifying the that designated he/she association uses (SARAH/SARVH), such any personwhohaspaidcompensationbypurchasing aspecificmedia/deviceswhichincludescompensation importers withoutcompensation.Inadditiontothat,copyrightlawprovides arepayment system.Thatis, than that of private use, such as professional use, educationaluseor export, are shipped by manufactures/ Therefore,compensation tothecopyrightownersconcerned. thespecificmedia/devicesforapurposeother recording onadigitalrecording medium/devicespecifiedbyCabinetOrder, shallpay a reasonable amountof Copyright lawprovides thatanyperson,whoforthepurposeofprivateusemakesasoundorvisual Comments: Additional deny theseclaims,andasaresult theyare notlevied. there are avarietyofrecording media.Rightsownersclaimcompensationtosuchobjects,butmanufacturers recording facilities,andportableplayerswithlargestoragecapacities,suchasiPods,haveincreased. Andnow In recent years,personalcomputers whichcanrecord worksoverlonghours, televisionsetswithbuilt-in 34.5% 1.5% 32% 32% exempted. use, (iii)deviceswithsoundorvisualrecording functionsincidentaltotheprimaryfunctions,are alllegally analogue media/devices,(ii)deviceswithspecialefficiency, generally notforprivateusebutprofessional Distribution schemeAudio: works Copyright ownersofliterary musical works Copyright ownersof Producers ofPhonograms Performers

Foreign rightsowner Japanese rightsowner, Foreign rightsowner Japanese rightsowner, Foreign rightsowner Japanese rightsowner, Foreign rightsowner Japanese rightsowner, Recording IndustryAssociationofJapan. Japan CouncilofPerformers’‘Organisations. iii. ii. i. and Publishers. Japanese SocietyforRightsofAuthors,Composers Japan Writers’ Guild. The JapanWriters’ Association. Writers’ GuildofJapan. International Survey on Private Copying

Law & Practice 2012 83 The Japan Commercial Broadcasters’ The Japan Commercial Association. Japan Broadcasting Corporation. TV Programme Association of All Japan Production Companies. Association of Motion Picture Producers’ Japan, Inc. Animations. The Association of Japanese Association. Japan Video Software Japan Film Makers’ Association. Guild of Japan. Writers’ Association. The Japan Writers‘ Guild. Japan Writers’

SARVH i. ii. iii. iv. v. vi. vii. Japanese Society for Rights of Authors, Composers and Publishers. i. ii. iii. Japan Council of Performers‘ Organisations. Recording Industry Association of Japan. SARVH Foreign rights owner Japanese rights owner, Foreign rights owner Japanese rights owner, Foreign rights owner Foreign rights owner Japanese rights owner, Foreign rights owner Japanese rights owner, Japanese rights owner, Foreign rights owner Japanese rights owner, Japanese rights owner Distribution scheme Video Distribution work) Producers of Phonograms Copyright owners of visual works Copyright owners of works in other fields (e.g. artistic Copyright owners of musical works Copyright owners of literary works Performers Copyright owners of visual Copyright owners of visual works – – 3% 39% 16% 16% 36% cooperation responsibility for claiming and receiving the compensation by including the compensation in the compensation by including the for claiming and receiving cooperation responsibility order to pay, on receiving a claim by the designated association (SARAH/SARVH),association designated compensation the by lump-sum claim a a receiving on pay, to order and sent to The compensation is included in the prices of the specified media/devices, for private recording. take As manufacturers/importers the designated association (SARAH/SARVH) by manufacturers/importers. Developments the Cabinet by specified media/devices digital purchase who for those it obligatory makes copyright Japanese How is professional use taken into account when determining the level of remuneration? How is professional use is not taken into account when determining the level of compensation. Professional Professional uses/exemptions Professional use is legally exempted. Professional Who is liable for cross-border purchases? Who is liable for cross-border Export: exports are importers (cooperation responsibility). (payment responsibility); Import: users/ purchasers exempted Cross-border trade Cross-border Export legally exempted but not reported. Exports are corresponding to the rate fixed by Cabinet Order, within 20% of the compensation received for such activities, received within 20% of the compensation to the rate fixed by Cabinet Order, corresponding of the and neighbouring rights, as well as to the promotion of copyright as contributing to the protection is 20%). rate by Cabinet Order and dissemination of works (the fixed creation Collective purposes:(SARAH/SARVH)association amount designated an the allocate that shall provides law Copyright Table 40: Table 84 International Survey on Private Copying Law & Practice 2012 of thecopyrightlawandCabinetorderprivaterecording concerning compensationsystem.Therefore, it in recent andmanufacturers, years,adisputehas arisenbetweenSARVH withrespect totheinterpretation no substantial progress in the revision of the private recording compensation system so far. In addition to that, could notreach aconclusion duetoaconflictofopinionsbetweenrightsownersandmanufacturers. There is academic experts,discussedtherevision oftheprivaterecording compensation system.ButtheCommission composed of the representativesJapanese government, of rights owners, manufacturers, consumers, and Under suchcircumstances, objectssubjecttocompensationare limitedinJapan.ACommissionsetupunder from rights owners, manufacturers/importers deny making new media/devices subject to compensation. spite oftheexpansionrecording media/devices,withthedevelopmentoftechnology, orstrong requests manufacturers/importers is required before thespecificationofdevices/mediabyCabinetOrder. In the agreementcompensation to the designated association (SARAH/SARVH), of the organisation representing the prices of the specified media/devices when they ship the specified media/devices, and by sending the Table 42: Maximum =1,000Yen. Base price=firstsaleor65%ofthestandard priceindicatedinthecatalogue. Tariff ispercentage ofthebaseprice. <=Devices: Base price=firstsaleor50%ofthestandard priceindicatedinthecatalogue. Tariff ispercentage ofthebaseprice. Video: Base price=firstsaleor50%ofthestandard priceindicatedinthecatalogue. Tariff ispercentage ofthebaseprice. Audio: Additional Comments: Table 41: is nowverydifficulttogetcooperationfrom manufacturers. DCC DAT Audio CD-R/RW MD Blu RayDiscrecorder DVD recorder Digital VHSrecorder Digital VideoCassetteRecorder DAT recorder Digital CompactCassetterecorder CD recorder MD recorder Blu RayDisc DVD-RAM DVD+R/RW DVD-R/RW Digital VHS Digital VideoCassette Digital CompactCassette DAT CD-R/RW MD

Audio Revenues

Remunerations/Levies Revenues Devices Audio

1,011,947 1,209,860 2009 ( 10,881 3 € ) Video Tariff Tariff 3% 3% 3% 3% 1% 1% 1% 1% 2% 2% 2% 2% 1% 1% 1% 1% 1% 1% 2010 ( 770,973 857,748 6,664

0 € ) Capacity Capacity Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit 2011 ( 776,544 628,956 5,761 0 € ) International Survey on Private Copying

Law & Practice 2012 85 0 0 0 38 350 115 -359 23,176 636,773 2011 (€) 2011 (€) 1,411,261 2,083,368 1,306,458 3,390,291 2,190,391 16,696,346 19,546,289 24,347,841 0 0 -9 85 -11 517 256 32,138 828,397 2010 (€) 2010 (€) 1,635,385 2,883,774 3,712,933 1,164,646 4,284,622 13,704,698 19,186,180 24,534,498

0 0 0 – – 15 814 527 3,361 32,988 2009 (€) 2009 (€) 3,059,290 3,063,992 2,110,070 2,232,691 11,645,136 13,788,209 19,084,892

Video Revenues Device Revenues Total Revenues Total Blu Ray Disc Recorder “Devices” Total Digital Video Cassette Recorder D-VHS recorder DVD recorder Audio CD-R/RW DAT DCC Total “Video” Total MD DVD-R/RW/RAM. DVD+R/RW. DVD-R/RW/RAM. DVD+R/RW. HD-DVD Blu Ray Disc Digital Video Cassette D-VHS Total “Audio” Total 2011 Exchange rate used for 2011: 1 EUR = 111.13 Yen (annual average) Yen 2011 Exchange rate used for 2011: 1 EUR = 111.13 Additional Information (annual average) Yen 2009 Exchange rate used for 2009: 1 EUR = 124.34 (annual average) Yen 2010 Exchange rate used for 2010: 1 EUR = 114.98 86 International Survey on Private Copying Law & Practice 2012 Contact Information 20. a payment. recorded media or equipment, and no later than the fifteenth day of the following month they have to make importer shallsubmittheapplication totheorganisation,indicatingimported ormanufactured blank At theendofeachmonth, butnotlaterthanthefifteenthdayoffollowing month, amanufacturer or moment: liability Legal has notpaidthelevy. recording devicesandequipment.Alsofrom resellers, wholesellers, or retailers, iftheimporterormanufacturer Remuneration iscollectedthrough leviesonmediaandequipmentfrom importersandmanufacturers of 2. 1. Copyright Law, CabinetRegulationNo.321. basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 2 Email 1 Contact person2 Contact person1 be determinedbytheCabinet. well asproportional distribution amongauthors, performers,andphonogramfilmproducers, shall The amountoftheblanktapelevy, procedures forcollection, repayment, andpayment ofthelevy, as author isentitledtoreceive afaircompensation(blanktapelevy)fortheproduction ofsuchacopy. or indirect commercial purpose.Third personsshall not beinvolved in theproduction of suchacopy. The another formofexpression thatistobeprotected, aswellvisualworksforpersonaluse,withoutdirect digital format)inacopy, worksthathavebeenincludedinlawfully-acquired filmsorphonograms,in the permission of the author,Without a natural person shall be permitted to reproduce (including in a LATVIA

: 37167315620 : 37167506131 : Riga : LV- 1011 : A.Cakaiela97 : [email protected] : [email protected] : IvarsMaculis : AnitaSosnovska : www.akka-laa.lv : AKKA/LAA : 2,068milj. : LVL : Latvia € 1.00=0.702804LVL International Survey on Private Copying

Law & Practice 2012 87

Distribution scheme – 33.33%. Authors – 33.33%, performers – 33.33%, film producers Video: Distribution scheme – 30%. Authors – 40%, performers – 30%, phonogram producers Audio: Distribution schemes are set and approved by the Ministry of Culture, after consultations with a working by the Ministry of Culture, set and approved Distribution schemes are rights owners and importers. of group cards, and mobile phones with MP3. and cards, Distribution Computers, hard discs, memory cards, and mobile phones with MP3 are not levied. and mobile phones with MP3 are discs, memory cards, Computers, hard discs, memory convinced that the blank tape levy has to be applied to computers, hard Rights owners are Professional users. Professional Objects exempted: Deliveries exempted: Control of obligated Sometimes AKKA/LAA of business places and storehouses. inspections AKKA/LAA carries out regular parties:cooperates with police authorities. recorded media or equipment, and no later than the fifteenth day of the following month they have to make to have they month following the of day fifteenth the than later no and equipment, or media recorded a payment. Obligation to report: later than the fifteenth day of the following month, a manufacturer At the end of each month, but not blank to the organisation, indicating the imported or manufactured or importer shall send a submission Collection Rate of levy is set by the Ministry of Culture after consultations with a working group of rights owners and rights of group a working consultations with after Culture of Ministry by the set is of levy Rate used. No market research by the Cabinet. approved importers. Distribution schemes are These costs pertain only to collection of the remuneration. These costs pertain Levies/rates 2010: 26% 2011: 29% distributes to copyright owners. distributes to copyright Administrative Costs: AKKA/LAA has a legal monopoly. AKKA/LAA has a legal for all rights owners. AKKA/LAA the collection of private copying remunerations for AKKA/LAA is responsible Collecting Society: 88 International Survey on Private Copying Law & Practice 2012 Sellers are responsible forpayingtheblanktapelevy. Cross-border trade up to15daysaftertheapplicationhasbeensubmitted. Exports are exemptedbylaw. According tothereport, ifthelevyhasbeenpaid,refund willbereceived Export Cultural andEducationalFund.Thepercentage isdeterminedbytheAuthors’Council. For musicalauthors,according tothereciprocal representation agreements, there are 10%deductionsforthe Collective purposes Table 43: The sessionwillbeonMarch 13,2012. Ministers’‘ rules,andtoincludeinthemthedevicescreated bynewtechnologies. All fourLatvianrightsowners’‘societieshaveappliedtotheConstitutionalCourtchangeCabinetof Developments usage. A LegalExemptionforprofessional use:eachmonthprofessional userssendreports, toprove theirprofessional Professional uses/exemptions 2. 1. This isnotyetregulated in Latvia.There are manyproblems withit: Video taperecorder DVD Harddiscrecorder DVD writerinternal/external CD writerinternal/external Digital jukebox,MP3players DVD-R/RW Videocassette CD-R/RW Minidisc Audiocassette the mailisusedfordelivery. It isnotpossibletocontrol themarketastowhere thegoodsgo,andfrom where theycome,asusually No onewillreport havingbought something, Remunerations/Levies Devices Audio Video Tariff Tariff 1.42 1.42 1.42 1.42 1.42 0.28 0.08 0.14 0.04 0.04 Capacity Capacity Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit International Survey on Private Copying

Law & Practice 2012 89 0 6.4 34.15 399.54 619.55 589.07 2011 (€) 2011 (€) 2011 (€) 45,377.09 45,783.03 81,640.69 82,260.24 13,185.75 81,289.25 95,098.22 10.84 85.37 615.15 257.54 406.94 2010 (€) 2010 (€) 2010 (€) 10,56.74 40,887.22 41,513.21 87,515.72 88,572.46 16,661.83 56,265.28 73,676.96 72.35 746.07 630.33 2009 (€) 2009 (€) 2009 (€) 4,393.83 3,210.77 1,771.48 50,058.05 84,335.04 86,393.36 87,211.78 27,481.35 183,669.70 186,880.47 Video Revenues Audio Revenues Device Revenues Revenues Total “Devices” Total CD writer internal/external DVD writer internal/external Video tape recorder Digital jukebox, MP3 players DVD Hard disc recorder Videocassettes DVD-R/RW “Video” Total CD-R/RW Audicassettes “Audio” Total Minidiscs Table 44: Table 90 International Survey on Private Copying Law & Practice 2012 Contact Information 21. Remuneration iscollectedthrough leviesonmediaand equipment. made from alegalsource. Reproduction ofworkforpersonaluse,asalimitation oneconomicrights,isappliedonlywhenacopy a copyofworklawfullypublished orcommunicatedtothepublicinanymode. other ownerofcopyright,canreproduce, exclusivelyforhisindividualuseandnon-commercial purposes, In thenewlaw, theLegislatordeclares thatanaturalperson,withouttheauthorisationofauthororany single action. in asinglecopy, aworkpublishedorcommunicatedtothepublicinanymodewhere thereproduction isa copyright, canreproduce, exclusivelyforhisindividualuse,andnotdirect orindirect commercial advantage, Definition ofprivateuse: a newResolution,whichwillimplementprovisions oflaw. In accordance with the amendments of the law, until the 1st of March, must approve 2012 the Government copying were adoptedbyParliamentinDecemberof2011,andwilltakeforce from the1stofMarch, 2012. from 01/01/2004.LastamendmentsofLithuanianLawonCopyrightandRelatedRightsrelating toprivate no. 997of29/09/2007(firstversionwasapproved in29/08/2003).Remunerationforprivatecopyinglevies Article 20oftheLithuanianLawonCopyrightandRelatedRightsProvisionsResolution ofGovernmental basis: Legal Legislation andfundamentalfacts Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 2 Email 1 Contact person2 Contact person1 Website LITHUANIA anaturalperson,withouttheauthorisationofauthor oranyotherownerof : +37052639466 : +37052608413 : Vilnius : LT-09130 : S.Žukauskostr. 39 : [email protected] : [email protected] :  : Managingdirector Agn : www.agata.lt :  : 3,201,344 : Litas : Lithuania Aušra Sadaunykait (AGATA) Specialist ofPublicPerformanceDepartment Lithuanian NeighbouringRightsAssociation ė ė Masalskyt ė € 1.00=LTL 3.4528 International Survey on Private Copying

Law & Practice 2012 91 15,176.09. € 29,131.14. AGATA costs for further distribution of the remuneration to their to remuneration the of distribution further for costs AGATA 29,131.14. € :

comments. come into force on the 1st of March. The legislative process allows for reconciliation with stake holders. with stake holders. allows for reconciliation The legislative process on the 1st of March. come into force representing within two years (a term defined by the law), at which point associations Levies will be reviewed and will submit their proposals parties liable for payment, and collective rights management organisations, Levies/rates and the list of levied media is determined by the Government. A new law on Copyright set by law, Levies are and the list of levied media and equipment will and Related Rights, with new rates of remuneration/levies, From the 25th of February, 2011, AGATA is the association responsible for collecting the private copying private the collecting for responsible association the is AGATA 2011, February, of 25th the From that date it was LATGA-A). in Lithuanian territory (before remuneration Additional Comments: of the remuneration, was remuneration, the of 0. rights holders were represented were In 2011, the total administrative costs of collection and distribution of the remuneration Administrative was the collecting society), the total administrative costs of collection and distribution In 2010 (when LATGA-A Costs: authors, and the subjects of related rights. Collection of the remuneration is appointed to LATGA-A and to LATGA-A is appointed rights. Collection of the remuneration authors, and the subjects of related rights holders. which execute the distribution to their represented AGATA, copyright management association (LATGA-A) (represents authors), and the Lithuanian Neighbouring Rights Rights Neighbouring the Lithuanian and authors), (represents (LATGA-A) association management copyright phonograms). of audiovisual works and performers, producers (represents Association (AGATA) for sends out a remuneration Distribution AGATA. by is controlled The main distribution of remuneration producers of audiovisual works and phonograms. of audiovisual works and phonograms. producers to the Lithuanian collective remuneration for the distribution of private copying is responsible AGATA Lithuanian Neighbouring Rights Association (AGATA). No legal monopoly. Special authorisation (controlled Special authorisation (controlled No legal monopoly. (AGATA). Lithuanian Neighbouring Rights Association to, the Ministry of Culture). and reporting by, for the authors, performers, and the for the collection of private copying remuneration is responsible AGATA Collecting Society: Legally responsible and if so, wholesalers or retailers, resellers, media or equipment. Also of recording Importers or producers party:under what conditions? Quarterly reports are provided by small importers. Payment is due within 15 days after the invoicing date. by small importers. Payment is provided are Quarterly reports based in Lithuania. no manufactures are There Contractual liability on imported media in the last month or quarter. to submit a report On a contractual basis importers have moment The producer is liable at the time of distribution from the factory. the factory. time of distribution from is liable at the The producer territory. who carry out the first sale in Lithuanian liable are 2012: persons the 1st of March, From The importer is liable at the time of customs clearance, before the goods are placed in free circulation, circulation, placed in free the goods are before at the time of customs clearance, The importer is liable management rights collective this and importer the between agreement an in for provided otherwise unless association. of March, 2012, remuneration is being paid for the mentioned media, including Memory sticks, USB, HDD, paid for the mentioned media, including is being 2012, remuneration of March, capability). devices and audio/video recording (PCs and other equipment with memory SDD, and equipment Remuneration is levied on media (audiocassette, videocassette, minidisc, DVD, CD, Blu Ray). From the 1st the From Ray). Blu CD, DVD, minidisc, videocassette, (audiocassette, media on levied is Remuneration 92 International Survey on Private Copying Law & Practice 2012 and wholesalers. collection ofremuneration, from Customs,theLithuanianDepartmentofStatistics,importers,manufacturers, parties: The Resolutiongrantstherighttoresponsible associationtogetinformationforthecalculationand obligated of Control each previous monthorquarter’‘s importedmediaoncepermonth/quarter. have notbeenadjusted.Whenimporterssignedacontract,theydutytosubmitreport about media afterthisaction,becausegenerallyisimportedfrom EUcountries,andCustomsprocedures and producers within7days afterproduction. Butinpracticeimportersmaketheirreports aboutimported According Resolution,importersmustapplytoAGATA totheGovernmental atthetimeofcustomsclearance, Collection shares ofrightsholdersfordistributionwillbeindicatedinthelaw. sends outtheremuneration toLATGA-A andAGATA forfurtherdistribution.From the1stofMarch, 2012, makes adistributionaccording totheseshares, and,according tothisdistribution,theresponsible association Currently, certainshares ofcategoriesrightsholdersare setoutintheResolution.A responsible association Distribution complicated. payers are participatinginthisprocedure. Forthisreason, achievingresults suitable forbothsideswillbevery the final refund systemisnotconfirmedyet.Collectiverightsassociationsand representatives of remuneration will beapproved. AtthemomentMinistryofCulture ispreparing newprovisions fortheResolution,and Until the1stofMarch, 2012,newprovisionspursuanttothelaw fortheResolutionofGovernment Comments: Additional no biggerthan2.5inches. interfaces fortheservers,dataarrays,andsimilarprofessional engineeringpurposes,exceptforSATA drives that remuneration should not be paid for hard disc drives (HDD) with SCSI, iSCSI, SAS, FC, SATA, FATA professional uses are notincluded in this list. The Lithuanian Law onCopyright And Related Rights determines As ofthe1stMarch, 2012,anewlistofleviedmediaanddeviceswill be indicated in thelaw. Mediafor luggage ofapassenger).Nowthere isaparticularlistofleviedmediaestablishedintheResolution. except inthecaseswhere suchblankmediaare brought intothecountryexclusivelyforprivateuse(in Blank mediaboughtbyconsumersabroad, andtakenintothecountrybythem,are notsubjecttolevies, exempted: Objects (other thanprivatecopying)orfortheneedsofpeoplewithdisabilities. when mediaand/orequipmentare exportedfrom Lithuanianterritory, orare boughtforprofessional uses The new law, which will take force from the 1st of March, 2012, regulates that remuneration can be refunded professional uses,andtheneedsofpersonswithahearingorvisualimpairment. The lawdeterminestherefund systemforthemediaintendedexport(toEUandthird countries), uncertainties arising. check additionaldocuments,connectedwiththecollectionandcalculationofremuneration, inthecaseof Moreover, according tocontractswithimporters,responsible associationshavetherighttorequire and Deliveries exempted: Deliveries International Survey on Private Copying

Law & Practice 2012 93 The definition of professional uses is set out in the Resolution of the Government, as: the needs of broadcasting The definition of professional of phonograms, for the producers organisations and persons, who make copies of audiovisual works and Professional uses/exemptions Professional purposes, is the same as when the media is bought for professional remuneration, The method for refunding day. the purchase months from is three for export. The term for refunding Cross-border trade Cross-border No practice yet. three months from the export day. the export day. from months three According to the Resolution of the Government, an exporter can apply to a responsible association with the to the Resolution of the Government, association a responsible According an exporter can apply to he After registration, remunerations. him in a list of persons who have the right to refund register to request remuneration, to him the association an application for refunding has a right to submit to the responsible is documents of the exported media. The term for refunding along with export documents, and purchase Exports are exempted; the right to a refund of the remuneration for export is established by law; detailed of the remuneration exempted; the right to a refund Exports are 2012. the 1st of March, in the Resolution. The same will apply from is fixed procedure refund Cinema Sponsorship Programme. Cinema Sponsorship Programme. Export Deductions are determined by the Government.Deductions are funds assigned to the National coordinate Culture legal system, the Ministry of to the current According The new law declares that 25% of collected remuneration shall be assigned to programmes of creative of creative shall be assigned to programmes remuneration that 25% of collected The new law declares 2012). the 1st of March, (valid from programmes rights protection activities, and copyright and related recording media, shall be assigned to the National Cinema Sponsorship Programme. Pursuant to the Cinema Sponsorship Programme. media, shall be assigned to the National recording which they Governmental rights associations can designate 25% of the remuneration, Resolution, collective acitivities. of creative association, to programmes the responsible get from Collective purposes the audiovisual collected from 20 of the Governmental establishes that 25% of royalties Provision Resolution 1/3 – Authors (LATGA-A) 1/3 – Authors (LATGA-A) 1/3 – Performers (AGATA) of phonograms (AGATA) 1/3 – Producers 30% – Producers of audiovisual works (AGATA) 30% – Producers following shares: 2012, the new law indicates the the 1st of March, From Distribution scheme40% – Authors (LATGA-A) Video:30% – Performers (AGATA) 1/3 – Performers (AGATA) 1/3 – Performers (AGATA) (AGATA) of phonograms 1/3 – Producers From the 1st of March, 2012, the new law indicates the following shares: 2012, the new the 1st of March, From 1/3 – Authors (LATGA-A) 40% – Authors (LATGA-A) 40% – Authors (LATGA-A) (AGATA) 30% – Performers (AGATA) of phonograms 30% – Producers Distribution scheme Audio: 94 International Survey on Private Copying Law & Practice 2012 Table 45: reproduction isintendedexclusivelyfortheusesofthoseinstitutionsandorganisations). institutions, libraries and statearchives, museums, research institutions and organisations, and whenthe are reproduced forpublicadministration,anddefenseinstitutionsorganisations, hospitals,educational buy emptycarriersandequipmentforpurposesclearlyunrelated toprivatecopying(e.g. whentheworks and phonograms, for the producers of audiovisual works and phonograms; and the needs of persons, who March, 2012):theneedsof broadcasting organisationsandpersons,whomakecopiesofaudiovisualworks In the new law professional uses are defined as follows (the newdefinition will take force from the 1st of public administration,andresearch purposes. audiovisual worksandphonograms;theneedsofpersons,whobuymediaobviouslyforpublicsafety, External andinternalnon-integratedharddiscdrive(HDD) External andinternalnon-integratedSolid-statedrive(SSD) USB Non-integrated MemoryCard Devices HD-DVD Blu Ray DVD double-layer DVD RAM DVD- R/RW DVD+ R/RW Videocassette Data-CD R/RW Audio-Cd R/RW Hi-MD Minidisc Audiocassette Remunerations/Levies Audio Video Tariff Tariff 4.34 2.90 2.32 1.45 4.34 2.90 2.32 1.45 2.90 2.03 1.45 0.87 0.58 0.29 0.14 2.90 2.03 1.45 0.87 0.58 0.29 0.14 6% 6% 6% 6% 6% 6% 6% 6% 6% 6% 6% 6% Per unit Per unit Per unit Per unit Per unit Per unit Per unit More than1TB From 500.1GBto1TB From 250.1GBto500 Up to250GB More than1TB From 500.1GBto1TB From 250.1GBto500 Up to250GB More than32GB From 16.1GBto32 From 8.1GBto16 From 4.1GBto8 From 2.1GBto4 From 1GBto2 Up to1GB More than32GB From 16.1GBto32 From 8.1GBto16 From 4.1GBto8 From 2.1GBto4 From 1GBto2 Up to1GB Capacity Per unit Per unit Per unit Per unit Per unit Capacity International Survey on Private Copying

Law & Practice 2012 95 Less than 1 GB From 1 GB to 2 GB From 2.1 GB to 8 GB From 8.1 GB to 32 GB From 32.1 GB to 250 GB From 250.1 GB to 500 GB From 500.1 GB to 750 GB From 750.1 GB to 1 TB More than 1 TB Less than 1 GB From 1 GB to 2 GB From 2.1 GB to 8 GB From 8.1 GB to 32 GB from 32.1 GB to 250 GB From 250.1 GB to 500 GB From 500.1 GB to 750 GB From 750.1 GB to 1 TB More than 1 TB Per unit Less than 1 GB From 1 GB to 2 GB From 2.1 GB to 8 GB From 8.1 GB to 32 GB From 32,1 GB to 250 GB From 250.1 GB to 500 GB From 500.1 GB to 750 GB From 750.1 GB to 1 TB More than 1 TB Less than 1 GB From 1 GB to 2 GB From 2.1 GB to 8 GB From 8.1 GB to 32 GB From 32.1 GB to 250 GB From 250.1 GB to 500 GB From 500.1 GB to 750 GB From 750.1 GB to 1 TB More than 1 TB 0.43 1.01 1.45 4.34 5.79 7.24 8.69 10.14 11.58 0.43 1.01 1.45 4.34 5.79 7.24 8.69 10.14 11.58 5.79 0.43 1.01 1.45 4.34 5.79 7.24 8.69 10.14 11.58 0.43 1.01 1.45 4.34 5.79 7.24 8.69 10.14 11.58

Remunerations/Levies (Continued) Remunerations/Levies PC Set top box with a memory device and audio and video recording Set top box with a memory device and audio capability TV with a memory device and audio and video recording capability Mobile phones with a memory device and audio and video recording Mobile phones with a memory device and audio capability car radio receivers, MP3 players, MP4 players, HD media players and players, MP4 players, HD media players car radio receivers, MP3 other players) Digital and analogue audio and video player with a memory device, and and video player with a memory device, Digital and analogue audio DVDs, capability (audio cassettes, VCRs, CDs, audio and video recording car radio, musical centers, players, home theater, HD-DVD drive, Blu Ray Table 45: Table is 6% of the first sale price; capability. equipment with memory devices and audio/video recording will be collection of levies from there Additional Comments: 2012): the 1st of March, to the new law (from 6% of import price. According HD-DVD videocassette, all types of DVD, Blu Ray, R/RW, data-CD for media (audiocassette, minidisc, Hi-MD, audio-CD R/RW, the tariff 96 International Survey on Private Copying Law & Practice 2012 responsible associationcalculatesrevenues foraudioandvideomedia,onthebasisofanindependentsurvey. Theindependentsurvey Basic revenues ofaudioandvideomediawillbeseparatedwhendistributioncollectedremuneration in2011willbeprepared. A Additional Information Table 46: is carriedoutinaccordance withtheprovision oftheResolution. Total Revenues Total “Video” Total “Audio” Audio Revenues Video Revenues Revenues

323,537.82 323,537.82 387,474.69 387,474.69 2009 (€) 2009 (€) 711,011 51,765.65 51,765.65 50,769.34 50,769.34 2010 (€) 2010 (€) 102,534 2011 (€) 2011 (€) International Survey on Private Copying

Law & Practice 2012 97 : [email protected] : [email protected] box 3060 : P.O. : 2130 KB : Hoofddorp :+31 (0)23-7997019 :+31 (0)23-7997018 : The Netherlands : Euro : 16.7 million : Stichting de Thuiskopie : www.thuiskopie.nl : Hester Wijminga

NETHERLANDS Fax City Phone Address Postcode Email 1 Email 2 Contact person Name of organisation Website Currency Population Country Importers and manufacturers with a collection agreement with Thuiskopie are able to report the products the products able to report with Thuiskopie are with a collection agreement Importers and manufacturers sold in the market. Thus they do not have to pay levies on their stock. after they are Importers or manufacturers of recording media and/or equipment are liable for payment. The law provides liable for payment. The law provides media and/or equipment are of recording Importers or manufacturers importer is. if they cannot show who the original wholesalers or retailers for extended liability for resellers, brings goods onto the market. Payment is due at import or the moment the manufacturer have not been accepted by the parliament (February 2012). levies on blank media only. Remuneration is collected through services, not at consumers who upload and download a limited number of files. State Secretary Teeven (April files. State Secretary services, not at consumers who upload and download a limited number of and USB recorders laptops, DVD 2011) finds it undesirable to impose new levies on devices like MP3 players, would be minimal. The proposals sticks, and wants to abolish the private copying levies because the harm At the moment, copies from illegal sources, such as downloads from the Internet, within the scope of the such as downloads from are illegal sources, At the moment, copies from copyrighted to make the practice of downloading has proposed private copying exception. The state secretary will be aimed at websites and unlawful, but not punishable. Enforcement evidently illegal sources work from infringement of the copyright in a literary, scientific or artistic work provided that the reproduction is carried reproduction that the scientific or artistic work provided infringement of the copyright in a literary, motivation and is intended exclusively for personal exercise, commercial or indirect out without any direct study or use by the natural person who made the reproduction. Copyright Act 1912, amended last in 2004. as an regarded shall not be of the work or any part thereof Art. 16c of the Copyright Act: Reproduction Legislation and fundamental facts Legal basis: Contact Information 22. 98 International Survey on Private Copying Law & Practice 2012 deduction of15%;Thuiskopie’s deductionis7.5%. Costs: From theentire distributionchain,Thuiskopieandthedistributingorganisationare allowedatotalcost Administrative rightsholders. to all rights owners. The private copying remunerations are distributed by Thuiskopie to organisations of Stichting de Thuiskopie is responsible for the collection and distribution of private copying remunerations collector anddistributorofprivatecopyingremunerations. Stichting deThuiskopie.Ithasalegalmonopoly. Thuiskopieis appointed bytheMinisterofJusticeassole Society: Collecting The distributionschemeshavetobeapproved bytheSupervisoryboard institutedbylaw. which tocopythiscontent. researcher. Thisstudyshowswhichcontentiscopiedbyconsumers, andthetypeofcarrierstheyuseon producers and performers decide on the various shares, based on a yearly market study by an independent The distributionschemeissetbyrightsholderswithin theboard ofStichtingde Thuiskopie.Theauthors, schemes: Distribution Distribution Certain professional products are exempted.Alistcanbefoundonourwebsite. exempted: Objects exemption. Professional usersofanaloguemedia,andaudio-visualproduction companiesthatuseDVDs,canobtainan exempted: Deliveries parties: All importerswithacollectionagreement canbeauditedbyThuiskopie. obligated of Control the marketonamonthlybasis. Importers and/orsellerswithacollectionagreement are obligatedtoreport themediatheyimportorsellonto Importers mustreport uponimport;manufacturers atthemomentmediacanbeputontomarket. Collection distribution. Surveysare byVeldkamp, anindependentmarketresearch bureau. A MarketSurveyonconsumercopyingbehaviouriscommissionedyearly. Itisthebasisfortariffs andthe cannot cometoanagreement, thechairmanwilldecide. to negotiatetheleveloftariffs. AnindependentchairmanisappointedbytheMinisterofJustice.Ifparties The law appoints a negotiating body (SONT) in which rights holders, and the industry, are equally represented, Levies/rates

International Survey on Private Copying

Law & Practice 2012 99 Professional use is not within the scope of the exception. Professional user professional use. A exemption for professional For analogue media it is possible to obtain an upfront in writing that he is in fact not copying for private use, or selling blank media to consumers. has to declare Professional uses/exemptions Professional verdict, Thuiskopie has actively summoned these e-tailers to do so. The commercial buyers are to be regarded to be regarded buyers are has actively summoned these e-tailers to do so. The commercial Thuiskopie verdict, foreign-based they have imported from the products also summoned to report importers themselves, and are websites. Court of Justice rendered its verdict in the case Stichting de Thuiskopie (STK) vs. Opus Supplies GMBH (C its verdict Court of Justice rendered regardless levies, the of for payment responsible is seller commercial the that The court confirmed 462/09). seller The commercial purchasers. than the State Member different in located is seller the or not whether of sold to consumers in the Netherlands. Since the amount of levied products the has to declare therefore Cross-border trade Cross-border could in the importers, and Thuiskopie not to be considered The importer is liable for imports. Consumers are On June 16th, 2011 the European past not collect on media bought by consumers form e-tailers based abroad. at Thuiskopie. Thuiskopie has upfront and refund options. Large exporters can obtain a contract which makes it possible options. Large exporters can obtain a contract which and refund Thuiskopie has upfront market. Dutch the into sold products the report only and levies, without Netherlands in the buy to them for The original debtor has to ask for the refund their supplier. through Occasional exporters can ask for a refund Paid levies are refunded if the exporter can show the products have been exported. Documents of proof have been exported. Documents of proof products if the exporter can show the refunded Paid levies are to Thuiskopie, will be the remuneration i.e. the one who has paid The original supplier, have to be provided. to the person who has actually exported. pay the refund if his customer is the exporter he should refunded; Export products. has to be paid on exported By law no remuneration The percentage is determined by rights owners but it is stated in the law that it cannot exceed 15%. is determined by rights owners The percentage There is currently no deduction for collective (social and/or cultural) purposes. no deduction for collective (social and/or is currently There individual rights towards distribute the private copying remunerations The rights holders organisations that purposes. owners can make a deduction for collective Collective purposes 20% authors and performers (50% STEMRA, 50% NORMA) 20% authors and performers (50% STEMRA, (SPMP) 45% producers (75% audio and 25% video) audio and video distribution schemes 25% through 40.75% producers – Sekam video (33.75%) and NOS (7%) – Sekam 40.75% producers Distribution scheme Interactive: 33.75% authors – Stemra (distribution of Stemra part: Stemra 30.52%, Lira/Vevam 34.96%, Vevam 30.22%, 34.96%, Vevam 30.52%, Lira/Vevam Stemra (distribution of Stemra part: Stemra 33.75% authors – Pictoright 4.3%). artists – Norma (video) 25.50% performing Distribution scheme Video: 40% authors – Stemra (distribution of Stemra part: Stemra 92.5%, Lira 7.5%). (distribution of Stemra part: Stemra 40% authors – Stemra – NORMA 30% performing artists – STAP 30% producers Distribution scheme Audio: 100 International Survey on Private Copying Law & Practice 2012 account whenestablishingtheexistingleviesonblankmediasuchasCD-RandDVD-R.Thuiskopiehasstarted largely usedforprivatecopyingpurposes,norhasthefaircompensationthesecopiesbeentakeninto there are noleviesestablishedfordevicesandmedialikeMP3playershard discrecorders, which are owners whoseworkshavebeencopiedintheNetherlands,doNOTreceive adequatefaircompensation,as Copyright actandadaptittotheinformationsociety. Asaresult ofthefreezing oftheexistingtariffs, rights The tariffs havebeenfrozen Thereason since2007bythegovernment. forthisiswishtoreform the Developments doubled ifprofessional users were exempted. The leviesare decreased byusingthepercentage usedforprofessional use.TheCD-Rlevywouldhavebeen How isprofessional use taken intoaccountwhendeterminingthelevelofremuneration? All levieshavebeenfrozen byMinisterialdecree untilJanuary2013. Additional comments: Table 47: is ongoing,butnowlookinggood. private copyingleviesonMP3playersandhard discrecorders. AsimilarcaseofThuiskopieversustheState Thuiskopie/Opus Court ofAppealTheHague,on27thMarch, 2012,applyingtheECJdecisionsfor After yearsoflegalproceedings ofcollectingsocieties Thuiskopie andNORMA,againsttheDutchState, the that theexceptionshouldbeapplied,asinmostEuropean countries. received becausetheleviesare notondevicesusedforthesekindofcopies.Thuiskopiemaintainstheposition illegal content.Thesource copiesare stillwithintheprivatecopyingexception,butnoremuneration is not wantenforcement againstconsumers,andfeeltheenforcement shouldbedirected attheproviders of against abanondownloading,andtheMinistryofJusticehastocomeupwithnewproposal. Theydo since theharmwouldbeminimalwithregard tothecopyingthatwouldremain. Theparliamenthasvoted downloading from anillegal source illegal.Asaconsequence,theprivatecopyingleviesare tobeabolished On April11,2011StateSecretary Teeven publishedapolicylettercontaining aproposal todeclare legal proceedings againtthese measures. Thecaseisnowbefore thecourtofappeal. DVD –R/RW DVD +R/RW Cassettes Data CD-R/RW HI MD Minidisc Audio CD-R/RW Cassettes Remunerations/Levies , finallysentencedtheDutchStatetopayfulldamagesperformingartists,forfailingset

Audio Video Tariff 0.60 0.40 0.33 0.14 1.10 0.32 0.42 0.23 4.7 GB 4.7 GB One hour Per disc Per disc One hour One hour One hour Padawan/SGAE Capacity and International Survey on Private Copying

Law & Practice 2012 101

102,998 233,509 2011 (€) 2011 (€) 2011 (€) 2,803,719 2,906,717 4,395,717 4,629,226 9,210,000 Provisional 125,000 268,000 2010 (€) 2010 (€) 2010 (€) 2,299,000 2,424,000 8,129,000 8,397,000 10,820,005 158,000 524,000 2009 (€) 2009 (€) 2009 (€) 5,071,000 5,229,000 9,132,000 9,656,000 14,885,000 Video Revenues Audio Revenues Revenues Total “Video” Total Revenues Total Video cassettes DVD Audio (cassette, minidisc, HI-MD, audio CD-R/ Audio (cassette, minidisc, RW Data CD-R/RW “Audio” Total Table 48: Table 102 International Survey on Private Copying Law & Practice 2012 Contact Information 23. a yearlyprivatecopyingsurvey andlistofworks. producers. Thecompensationisthendistributedfurther, tothe different organisations,basedonresults from The compensationisdivided equallybetweenthethree groups ofrightsholders –artist,authorsand Distribution different rightsholders’‘groups inNorwayandwithintheEEA. The remuneration isdistributedbyNorwacothrough representative memberorganisations,whichrepresent Norwaco collectsremuneration forartists,authors,andproducers. Affairs. Private CollectiveManagementOrganisation approved bytheNorwegian Ministry ofChurch and Cultural Norwaco Society: Collecting system: The remunerationasapostonthenationalbudget. isfundedbytheNorwegianGovernment, Remuneration scheme forcompensationwasfirstintroduced inNorway2005. an obligationtocompensaterightsholdersfortheprivatecopying of publicly disseminated works.This Section 12oftheNorwegianCopyrightActestablishes,inlinewithArticle5.2b)Directive, basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 1 Contact person1 NORWAY

: +4723316801 : +4723316807 : OSLO : 0028 : Postboks8903Youngstorget : [email protected] : HansFredrik Hag : www.norwaco.no : Norwaco : 4,885,240 : NOK–Norskekroner : Norway € 1.00=7.65NOK International Survey on Private Copying

Law & Practice 2012 103 2011 (€) 5,372,549 € 2010 (€) 5,215,686 € 2009 (€) 4,954,248 € Revenues State granted 1.00 = 7.65 NOK € Table 49: Table A deduction for administrative costs that arise in connection with the said allocation, can be made in with the said allocation, costs that arise in connection A deduction for administrative with its statutes. accordance population copying various copyrighted material (films, music, audio books, radio podcasts, etc.). music, audio books, radio podcasts, various copyrighted material (films, population copying Collective purposes The yearly survey on private copying shows the patterns of Norwegian consumers, and the share of the the patterns copying shows survey on private The yearly share consumers, and the of Norwegian 104 International Survey on Private Copying Law & Practice 2012 Contact Information 24. Legally responsible party: Importers andproducers ofrecording mediaandequipment. responsible Legally for manufacturers –before distributing. for importers–priortocustomsclearance; moment: liability Legal Remuneration isleviedonmediaandequipmenttobe paid byimportersandmanufacturers. The source hastobelegal. use: individual, incasessuchasresearch andpersonalentertainment. private Reproduction (orotheruse)oftheworkanotherperson,inasinglecopy, exclusivelyforownusebyan of Definition Ley 1328/98yDecreto Reglamentario6780del21deJunio2011. basis: Legal Legislation andfundamentalfacts Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 2 Email 1 Contact person2 Contact person1 Website PARAGUAY : +59521233788 : +59521233787 : Asuncion : 1438 : Av España2221 : [email protected] : [email protected] : SilviaCabañas : MariaElenaOjeda : www.sgp.com.py : : 6,000,000 : Guarani : Paraguay del Paraguay–SGP- Sociedad deGestionProductores Fonograficos € 1.00=5750 International Survey on Private Copying

Law & Practice 2012 105

Deductions are stipulated by rights owners and in both societies by the Board of Directors. of Directors. stipulated by rights owners and in both societies by the Board Deductions are Law 1328/98 sets the maximum deduction for collective purposes at 10% for social and cultural rights, in Law 1328/98 sets the maximum deduction for collective purposes at 10% addition to the administrative discount. Collective purposes Authors: 33.3%, of Phonograms: 33.33% Producers Performers: 33.33% Distribution schemes are determined by agreement of the three societies. of the three determined by agreement Distribution schemes are Distribution scheme Audio and Video: Distribution No. But the regulations impose a 25% discount for domestic manufacturers. No. But the regulations levies for exports, and if so, under what conditions? Will your society refund No refunds. There is a very detailed list of the equipment and media that require levies to be paid. All others are free. levies to be paid. All others are very detailed list of the equipment and media that require is a There or in contracts? exempt? By law, exports Are Yes. Equipment and media that will be used by producers of phonograms, audio-visual producers, and audio-visual producers, of phonograms, Equipment and media that will be used by producers Yes. uses. for professional are payment, if these products exempt from publishers, are Deliveries exempted: certain categories of users, etc. users, certain deliveries exempted? E.g. professional Are Control of obligatedMinistry the by audited is phonograms, of producers and authors of society the and society, performers’ The parties:of Industry. Industry. Obligation to to the Ministry of of phonograms, report and the society of authors and producers report:The performers’ society, Levies are set by the Government/Ministry. Levies are Collection Levies/rates The SGP does not apply any cost.The society of artists, which is responsible for collecting for the three three for collecting for the which is responsible apply any cost.The society of artists, The SGP does not owners, applies a cost of 32%. categories of rights rights owners. the phonogram producers 100% of the amount collected among The SGP distributes Administrative Costs: SGP (Sociedad de Gestion de Productores Fonograficos del Paraguay): for phonogram producers; and the for phonogram producers; Fonograficos del Paraguay): Gestion de Productores SGP (Sociedad de all owners, AIE-Paraguay: for o Ejecutantes), Interpretes de Artistas (Entidad Paraguaya of performers society of phonograms. and producers authors, performers Collecting Society: 106 International Survey on Private Copying Law & Practice 2012 Revenues players andeditors,tapes. sound recording, playback,CDplayers,recording orreproducing sound(video),recorders, picture andsound The taxis0.5%onthepriceoffollowingequipmentandmedia:mobilephones–includingapparatus–-, Remunerations/Levies Total Revenues Collection startedin2011andyieldedapproximately € 730,000. International Survey on Private Copying

Law & Practice 2012 107 o. 1.00 = PLN 4.4168 (2011) 1.00 = PLN 4.4168 € : +48 228 289 204 : Wiesław Janicki : [email protected] : [email protected] : ul. Hipoteczna 2 : 00-092 : Warszawa : +48 228 281 705 : Poland : PLN : 38.2 million : ZAiKS : [email protected] : Grzegorz Burakiewicz

2. The scope of personal use shall include use of single copies of works by a circle of people having people of circle a by works of copies single of use include shall use personal of scope The 2. Article 23 of the Polish Law on Copyright regulates the scope of the personal use: Article 23 of the Polish Law on Copyright regulates disseminated of charge the work having been already “Article 23.1. It shall be permitted to use free personal relationships and in particular any consanguinity, affinity or social relationship.” affinity or social and in particular any consanguinity, personal relationships Does the exception apply when the source is illegal, or manifestly illegal? N Does the exception apply when the source Definition of private use: for purposes of personal use without the permission of the author (…) POLAND Phone Fax Postcode City Address Email 1 Email 2 Contact person 1 Contact person 2 Name of organisation Website Currency Population Country Contractual liability ZAiKS does not conclude contracts with enterprises obliged to make payments. moment: Legal liabilityWithin sales took place. two weeks at the end of each quarter wherein moment: Remuneration is collected through levies on media and equipment. Remuneration is collected through

(a) (b) Scope of the exception: Legal basis: 2002. October, of 28th on revised 1994, February, of 4th of Rights Neighbouring on Law and Law Copyright 2008. on 2nd of June, 2003 and on 15th of December, Regulations of Minister of Culture Legislation and fundamental facts Contact Information 25. 108 International Survey on Private Copying Law & Practice 2012 monopoly. ZAiKS isindicatedbytheMinisterofCulture asacollectingsocietyonbehalfofcreators only. Ithasnolegal ZPAV (producers). SAWP (performingartists), ZAiKS (creators), Collecting Producers andimportersof recording mediaandequipment. Legally exception forequipmentdestined forprofessional use. Such awayofestablishing theobligationtopayleviesdoesnotrequire legislation onthescopeof the recording ofawork. Levies canbecollectedondevicesandcarriersdestined fortheprivateuseofpurchaser only, regarding importers, is the accordance of a certain device/carrier with their destination, for purposes of private copying. The basiccriterioninthePolishsystemforcollection levies onsalesofdevices/carriersbyproducers and Comments: Additional No. Suchprocedures are notimplementedinPolishlegalregulations. Will yoursocietyrefund leviesattheoccasionofexports,andifso,under whatconditions? Main criteriontoremove devicefrom thelistis:whetheritisusedforprivatecopyingornot. exempted: Deliveries levies. a professional from outsidethecompanytocheckaccuracyofsettlementsmadebyenterprisespaying parties: Three collectingsocietiesappointedbytheMinisterofCulture forcollectionleviesorder obligated of Control quarter wherein salestookplace. Producers andimportersofrecording mediaandequipmentreport withintwoweeksattheendofeach Collection the levelofleviespaidforthem(seeattachment). The MinisterofCulture andNational Heritage determinesbydirective thelistofdevicesandcarriers, and also exceeding 3%ofamountdueonsalesdevicesandcarriers”. Article 20oftheCopyrightLawandonNeighbouringRightsdetermineslevelpayments:“not Levies/rates 6.95% ofthecollection. equipment, energy, rent andaudits’costsfrom theenterprisesobligedtomakepayments,e.g.in2010itwas payments (ZAiKS,SAWP, ZPAV) are deducted:personalcosts,costsoftheofficestaff, officesuppliesand Costs: Prior tothedistribution,administrativecostsofplenipotentiaryofficethree organisationscollecting Administrative

responsible

Society :

party : International Survey on Private Copying

Law & Practice 2012 109 40%. 25%.

: : Video Audio:

25%, scheme scheme schemes

50%, Legal Exemption and devices/carriers by producers The basic criterion in the Polish system for collection levies on sales of for professional of a certain device/carrier with their destination, for purposes of private copying. importers is the accordance use: Professional uses/exemptions Professional We have hammered out procedures for such sales. An enterprise which is subject to Polish law and deals with out procedures hammered have We distance “foreign the not and levies, pay to obliged is Internet,the products sells then and through imports seller”. Cross-border trade Cross-border Export and refunded? exports reported How are in Polish legal regulations. not implemented are Such procedures As for distribution made in ZAiKS, altogether 21% was deducted in 2009 for the Promotion of Works Fund, of Works for the Promotion As for distribution made in ZAiKS, altogether 21% was deducted in 2009 and for the Social Fund. distribution is made by societies representing various categories of rights holders) possible deductions for social various categories of rights holders) possible deductions distribution is made by societies representing are deductions The their members. to distribution for responsible societies by applied purposes are cultural or of a society. with the statutes made in accordance not determined by the law enacted by the State, and are Collective purposes the second: system (the first: statutory distribution in two spheres; In the Polish two-grade-distribution Video producers: ZASP and ZPAV. SFP, distribution are: for levies’ the organisations responsible In this sphere 25%, 35%, Authors: Performers: In this sphere the organisations responsible for levies’ distribution are: ZAiKS, SAWP and ZPAV. ZAiKS, SAWP distribution are: for levies’ the organisations responsible In this sphere Distribution Authors: Performers: Phonogram Producers: Distribution sphere). In the above-mentioned regulation it is said that the organisations responsible for levies’ distribution responsible it is said that the organisations regulation In the above-mentioned sphere). owners of the rights representing between all organisations concluded of agreements do this on the basis concerning into account survey results the use of works, and taking categories in question (e.g. creators), artistic performances, or recordings. The Minister of Culture indicated by his Regulation of 2nd July, 2003 collective management organisations 2003 collective management by his Regulation of 2nd July, indicated The Minister of Culture and collective management and video sphere) in audio ZPAV; levies (ZAiKS, SAWP, entitled to collect in video ZPAV ZASP, SFP, in audio sphere; ZPAV levies’ distribution (ZAiKS, SAWP, for organisations responsible levies into various categories of rights owners, and their percentage share of the Audio and Video sphere of the Audio and Video sphere share percentage categories of rights owners, and their levies into various (see below). Distribution of distribution the determines Rights on Neighbouring Law Law and the Copyright of 2 Section 20, Article Distribution 110 International Survey on Private Copying Law & Practice 2012 Table 50: exception forequipmentdestinedprofessional use. Such awayofestablishingtheobligationtopayleviesdoesnotrequire legislationonthescopeof the recording ofawork. Levies canbecollectedondevicesandcarriersdestinedfortheprivateuseofpurchaser only, regarding No. 29. 28. 27. 26. 25. 24. 23. 22. 21. 20. 19. 18. 17. 16. 15. 14. 13. 12. 11. 10. 9. 8. 7. 6. 5. 4. 3. 2. 1. carriers function Car stereosetcomprisingaCDplayerwithrecordingintoother Car stereosetcomprisingaCDplayerwithrecordingfunctions Multifunctional multimediaplayerofMP3format Tape recorder Computer DVDrecorder Computer CDrecorder including audiooraudio-visual allowing fixingworksorsubjectsundertheneighbouringrights, Other thancomputerharddisccomprisedinremainingdevices, Computer harddiscSTANDARD MD playerwitharecordingfunction CD playerwithaMDrecordingfunction Radio withCDplayerarecordingfunctionFLASH Radio withCDplayerarecordingfunction Radio withMDplayerarecordingfunction Radio-cassette recorder Radio-cassette recorderwithCDplayerarecordingfunction Radio-cassette recorder with CD player Stacking hi-fi with hard disc/FLASH function function Stacking hi-fiwithtaperecorderandDVDplayerarecording FLASH recording with player DVD/CD with hi-fi Stacking function Stacking hi-fiwithtaperecorderandCDplayerarecording Stacking hi-fiwithtaperecorderandDVDplayer Stacking hi-fi with tape recorder andMassive CDStorage player Devices) Memory card(includingpendriveandothersemiconducting Audio Cassette MD record (Minidisc) DAT Cassette CD-RW 12 cm CD-R 12 cm MP3 Single Function Remunerations/Levies List oftaperecordersandothersimilardevices,aswellblankcarriers, relatedthereto, DeviceorcarrierAudio and theamountoffeescollectedthereof: The percentage(%)amountoffeeaccounted from thesalepriceofequipmentorcarrier 0.76 0.76 0.47 3.00 3.00 3.00 2.89 1.72 3.00 0.30 1.08 1.14 2.03 2.28 1.54 1.00 1.00 1.71 0.94 0.05 0.54 0.98 0.96 0.69 0.74 0.19 1.04 0.17 0.70

International Survey on Private Copying

Law & Practice 2012 111

303,208 2011 (€) 2011 (€) 1,451,327 1,754,535 1.21 1.85 0.87 0.51 0.51 0.35 0.87 2.53 2.95 3.00 2.10 2.10 2.10 2.44 3.00 3.00 1.89 2.14 2.35 1.46 0.27 2.23 2.23 1.86 equipment or carrier accounted from the sale price of accounted from the sale The percentage (%) amount of fee The percentage (%) amount 300,808 2010 (€) 2010 (€) 1,606,780 1,907,588

1 = PLN 3,9603 [2010]), 1 = PLN 4,4168 [2011]). 1 = PLN 4,3273 [2009]), € € € 552,053 2009 (€) 2009 (€) 1,956,746 2,508,799 and the amount of fees collected thereof: and the amount of fees 1,907,588 ( 1,754,535 ( 2,508,799 ( Device or carrier € € €

List of video recorders and other similar devices, as well as blank carriers, related thereto, related as blank carriers, similar devices, as well recorders and other List of video Revenues with hard disc) hard with recorder video comprising set TV disc hard comprising set TV recorder DVD disc comprising hard set and TV recorder DVD comprising set TV DVD player with recording function into other carrier via USB via carrier disc other into function hard recording with player and DVD function recording with function player recording DVD with player VHS and DVD function DVD and recording VHS professional with player with player recording Definition function and High hard disc disc hard and function recording with player Definition High stream (including digital TV decoder Disc memory which registers AV VHS cassette VHS recorder cassette computer VHS/D Ray Blu or DVD HD recorder Video function recording with player Video function recording with player DVD DVD-RW 12cm DVD-RW cm 12 RAM DVD cm 12 R Ray Blu cm. 12 RE Ray Blu cm 12 DVD-R HD cm 12 DVD-RW HD DVD-R 12 cm 12 DVD-R Video Revenues Audio Revenues 7. 8. 9. 3. 4. 5. 6. 1. 2. 22. 23. 24. 19. 20. 21. 16. 17. 18. 13. 14. 15. 10. 11. 12. No. Total “Video” Total revenue Total Total “Audio” Total Additional Information In 2009 “Audio” and “Video” in total: in 2010 “Audio” and “Video” in total: in 2011 “Audio” and “Video” in total: Table 51: Table 112 International Survey on Private Copying Law & Practice 2012 Contact Information 26. the priceofsale, astheremuneration is calculatedonsuchamounts (theremuneration isonly collectedon obliged to report equipment, they also have to report the number of blank media sold, and concerning Importers and manufacturers of equipment and blank media subject to the private copy remuneration, are Collection The Legislatordeterminesthelevies. Levies/rates public utilityandcollectivemanagementsocietywasgranted through aregistry attheMinistryofCulture. The remunerations forprivatecopycanonlybecollectedandmanagedbyAGECOP. Thelegalstatusofa and videoproducers. collecting societiesexistinginPortugal,representing authors,artistsandperformers,publishers,music AGECOP: TheincorporationofAGECOPwasmandatory andwasmadein1998.Ourmembersare allthe Society: Collecting public andprivateentitiesthatsellphotocopies,whichhaveentered intocontractswithAGECOP. place. Asregards toremunerations thatbenefit reprographic rightsholders,thecollectionismadebyall holders, allimportersandmanufacturers ofsuchare obligedtocollectwhenthefirstsaleofproduct takes theremunerationsConcerning onequipmentandblankmedia,whichbenefitmusicaudiovisualrights and reprography. collection andmanagementofremunerations forprivatecopyiscarriedoutbyAGECOP, bothforaudiovisual approved by the Parliament, pursuant to the established articles 81 and 82 of the Copyright Code. The The collectionofremunerations forprivatecopyisimposedbyLaw62/98,amended50/2004,both basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 1 PORTUGAL

: +351218486607 : +351218486605 : Lisboa : 1700-178Lisboa : Av. EstadosUnidosdaAmérica,94,7.ºB : [email protected] : www.agecop.pt : AGECOP–AssociaçãoparaaGestãodaCópiaPrivada : 10,738,061 : Euro : Portugal International Survey on Private Copying

Law & Practice 2012 113 2,292,392 € Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Capacity 2,359,418 € Video 0.26 0.14 0.30 0.14 0.30 1.00 0.14 0.19 0.13 0.19 0.05 0.14 0.27 Tariff 3,633,984 €

Revenues Remunerations/Levies Audio Total Revenues Total DVD RAM DVD- RW DVD- R DVD- RW DVD+ R Data-CD R Data-CD RW CD 8cm Minidisc Audio-CD R Audio-CD RW Audiocassette Videocassette the respective selling price. The amounts of the remunerations are set per unit, independently of the respective capacity. No discounts capacity. set per unit, independently of the respective are selling price. The amounts of the remunerations the respective applicable. are 53: Table Additional Comments: to 3% of which corresponds only analogue equipment is subject to the remuneration, Concerning to the law, devices, and according Table 52: Table In order to be refunded for exports, importers and manufacturers have to present the same documents that have to present for exports, importers and manufacturers to be refunded In order refund. services when applying for VAT by the VAT requested are promote public awareness, and the investigation, of copyright related matters. related and the investigation, of copyright public awareness, promote Export Collective purposes:The purposes. collective for collected amounts total the of 20% retain to obligation an establishes law The as workshops, scholarships, etc., and in actions to applied in cultural activities, such are amounts retained photocopies – 50% for collecting societies representing authors and 50% for collecting societies representing authors and 50% for collecting societies representing representing photocopies – 50% for collecting societies publishers. to rights holders is made by them. AGECOP distributes as follows: remunerations on equipment and blank and equipment on remunerations follows: as distributes AGECOP them. by made is holders rights to artists 30% for collecting societies representing authors; representing media – 40% for collecting societies Remunerations on music and video producers. societies representing and performers; 30% for collecting Distribution can only be collecting societies, distribution As the members of AGECOP set in the law. Distribution schemes are such powers concerning public and private entities that have entered into contracts to pay the remuneration remuneration the pay to contracts into concerning powers such entered have that entities private and public the competent to supervise police authorities are of photocopies. All administrative and on the selling price copy legal regulations. compliance with private Control of obligated also have We into contracts with AGECOP. entered the accounts of all importers that have AGECOP can audit parties: have to report data concerning exports and exemptions for professional uses. All the data has to be reported uses. All the data has to be reported data concerning for professional exports and exemptions have to report public Also, the a body of the Ministry of Culture. to the Inspection of Cultural Activities, and also to AGECOP, of copies of works made each year. the number obliged to report that sell photocopies are and private entities analogue equipment and corresponds to 3% of the net selling price). In addition, importers and manufacturers manufacturers importers and selling price). In addition, to 3% of the net equipment and corresponds analogue 114 International Survey on Private Copying Law & Practice 2012 Contact Information 27. No. Cooperation bycustoms?: The importersandmanufacturers. party: Liable remunerations. distributes theamountscollectedfrom privatecopyingtotheothersocietiesentitled tobenefitfrom these society forprivatecopyingaudiovisual works. TheUnionofPhonogramProducers inRomaniaannually As of2005,UPFRhasbeenappointedbytheCopyright OfficeinRomania(ORDA)asthesolecollecting Legal Monopoly. Status: Legal The UnionofPhonogramProducers inRomania Society: Collecting percentages fordevicesandmedia.ORDA`sDecisionno.61/2009containsnew ORDA`s Decisionno.107/2005containsthelistofdevicesandmedia.Lawno.329/2006new The privatecopyissubjecttoacompensatoryremuneration establishedbyLawno.8/1996(14.03.1996). basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Phone/Fax Address Email 2 Email 1 Contact person2 Contact person1 ROMANIA

: 021.222.20.45/3 :  : [email protected] : [email protected] : SimonaIsac : AdinaScriosteanu : www.upfr.ro : TheUnionofPhonogramProducers inRomania : 19,000,000 : LEI : ROMANIA Postal Code011145 Romania – 88b Nicolae Titulescu Blvd,Sector1,Bucharest, 88b NicolaeTitulescu

€ 1.00=4.2379LEI International Survey on Private Copying

Law & Practice 2012 115 Per unit Per unit Per unit Per unit Capacity 3% 3% 3% 3% Levy day of the following month, a manufacturer or importer month, a manufacturer day of the following th day of the following month they must pay the invoice. day of the following th

:

Audio levies Levies/rates Data – CD R/RW Audiocassette Minidisc Audio CD R/RW all tariffs are percentages of the CIF value (import or base price). percentages are all tariffs Additional info: Table 54: Table Collective purposes no deduction for collective (social and/ors cultural) purposes. is currently There 33.33% – Performers 33.33% – Producers 30% – Producers copy Digital process 33.33% – Authors Analogue process copy Analogue process 40% – Authors 30% – Performers Who sets the distribution schemes, and how does the decision-making take place? Who sets the distribution schemes, stated by law: Distribution schemes are Distribution: Levies/rates or by the decision the users’ representatives, The collecting societies, in negotiation with set by law. Levies are list of media and devices. of an arbitration court, establish the Part of UPFR`s legal tasks is to undertake regular checks on the declaration by checking the accounting regular Part of UPFR`s legal tasks is to undertake documents of the companies. Control of obligated parties: Legal penalty: Legal penalty: Art. No. 139 of Law 8/1996. At the end of each month, but no later than the 10 At the end of each storage media of imported or manufactured organisation, indicating the numbers to the shall submit a report later than the 15 or devices, and no Liability moment: Obligation to report: monthly. have an obligation to report manufacturers The importers and Collection 116 International Survey on Private Copying Law & Practice 2012 Table 54: Mobile phonewithinternalmemory(>64MB) IMOD, oranyrecentversion DIVX, XVID/VCD,SVCD,DVD,ACC,WMA,WMV, ASF, MP3,MP4,WAV, player, iPodmediaplayerwithAVI, MPEG-1,MPEG-2,MPEG-4,XVID, TV anddigitalrecorderswithHDDorbuilt-instoragemedium,MP4 External HDDinclusiveaudio-videowithIN/OUTsocket HD-DVD recorder(external) Blu Rayrecorder(external) MP3 recorder Video recorder Minidisc recorder Audio recorder USB stick Memory card Computer harddisc DVD recorder(external) DVD writerbuiltincomputer DVD writer(internal) CD recorder(external) CD writerbuiltincomputer CD writer(internal) MP3 player HD-DVD Blu Ray DVD +R/RW Videocassette Levies/rates (Continued) Device levies Video levies 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% Levy Levy 3% 3% 3% 3% Capacity Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit Per unit 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue 0% ofCIFvalue Capacity Per unit Per unit Per unit Per unit Remarks International Survey on Private Copying

Law & Practice 2012 117 10 11 951 414 409 591 291 2,344 5,083 1,792 40,779 42,193 19,098 12,980 59,693 59,994 43,197 20,974 38,732 38,937 19,735 2011 (€) 2011 (€) 2011 (€) 2011 (€) 132,144 1,439,269 1,541,873 1,103,496 60% 2010 – 2011 80 611 578 153 556 614 351 164 734 4,714 22,349 31,815 41,363 86,068 43,326 70,532 21,314 16,031 44,595 58,996 59,313 10,977 22,084 970,012 2010 (€) 2010 (€) 2010 (€) 2010 (€) 622,634 1 10 88 996 652 130 5,155 6,806 8,162 9,730 3,436 1,284 8,070 17,808 32,351 24,765 83,799 92,531 77,509 77,727 14,315 52,275 502,789 155,437 2009 (€) 2009 (€) 2009 (€) 2009 (€) 332,521 Romania Revenue increase Revenues Video Revenues Audio Revenues Device Revenues Total Revenues Total External hard disc Hard disc built in computer “Devices” Total TV and digital recorders CD writer built in computer DVD writer built in computer DVD writer/recorder Mobile phones recorder MP3 recorder Audio recorder Video writer/recorder CD Memory card Memory stick USB recorder DVD HD Blu Ray disc Ray Blu “Video” Total Total “Audio” Total Videocassettes Dvd+R/RW Minidisc CD (blank) Data – CD R/RW Audiocassette Table 55: Table 118 International Survey on Private Copying Law & Practice 2012 recordings andaudiovisual worksforpersonalpurposes,shallbecollectedfrom themanufacturers of No amountsofmoneyforthepurposepayingout the fee,forfree reproduction/playback ofsound in thecontractsonly. Sucharesponsibility corresponds tothe commonlawstipulations. manufacturing. There isaresponsibility forreporting andpaymentmentioned Remuneration iscollectedthrough leviesonmediaandequipment.Liabilityisatthe momentofimportand A copyfrom anillegalsource canbewithinthescopeofexception. the manufacturers andimporters,oftheequipmentmaterialmediausedfor the reproduction/playback. purposes. Suchafeeisofcompensatorynature, andispayabletorightsholders from thefundspayableby a feeforfree reproduction/playback ofthesoundrecordings andaudiovisual worksexclusivelyforpersonal The authors,performers,andmanufacturers ofsoundrecordings andaudiovisualworksare entitledtoreceive Definition ofprivateuse: Civil CodeoftheRussianFederation,partIV, sincethe1stofJanury, 2008. basis: Legal Legislation andfundamentalfacts equipment notintendedfor homeuse. equipment andmaterialmedia whichare exported,or from themanufacturers andimportersofprofessional Contact Information 28. Website Name oforganisation Population Currency C ountry Fax Phone City Postcode Address Eemail 2 Email 1 Contact person2 Contact person1 RUSSIA

: +7(499)256-14-27 : +7(495)545-40-24, : Moscow : 123001 : bld.9/2,Trehprudniy lane,Moscow, Russia,123001 : [email protected] : [email protected] : Andrey Krichevskiy :  : http://rp-union.ru/en/ : RussianUnionofRight-holders : 145,000million : RUBLE : Russia international department international Erik Valdes-Martines, deputydirector, headof € 1.00=40RUR International Survey on Private Copying

Law & Practice 2012 119 Cross-border trade Cross-border Not applicable. According to the law, exports are not levied but imports are. They are not refunded. not refunded. They are not levied but imports are. exports are to the law, According by the Council of the organisation (the level of which should not be higher than the limitation in the law). by the Council of the organisation (the level of which should not be higher Export Collective purposes set up deductions are The current limited by law. 15% is deducted; the total amount of the deductions are audiovisual works, shall be made pro rata to the actual use of the relevant sound recordings or audiovisual or audiovisual sound recordings rata to the actual use of the relevant audiovisual works, shall be made pro the Government for distributing the fee and for paying it out shall be established by works. The procedure of the Russian Federation. 30% manufacturers of the sound recordings or audiovisual works. of the sound recordings 30% manufacturers or recordings of sound The distribution of the fee among specific authors, performers, and manufacturers shall be distributed among the rights holders in the following proportion: shall be distributed among the rights holders in the following proportion: 40% authors 30% performers Distribution for personal purposes, and audiovisual works, of sound recordings reproduction/playback A fee for a free Will your society refund levies in the case of exports, and if so, under what conditions? levies in the case Will your society refund No. All professional users are exempted for the devices that are not used in private aims. not are exempted for the devices that users are All professional is no agreement/list. There No practice for the time being. Deliveries exempted: All users are responsible to report, but due to the law, the method of reporting is printed in the contracts. is printed the method of reporting but due to the law, to report, responsible All users are Control of obligated parties: Collection Legislator – Government/Ministry. 15%. Levies/rates Administrative Costs: Russian Union of Right-holders. It has a legal monopoly. Russian Union of Right-holders. for all rights owners. remunerations and distribution of private copying for the collection RUR is responsible Collecting Society: 120 International Survey on Private Copying Law & Practice 2012 Table 56: No changesinthelawexpected. Developments use: There isacontractualexemption forprofessional use. professional for See above. Exemption Legal Professional uses/exemptions Table 57: Total Economical Union.Usuallytheaveragesalespriceistakenasabasis. according tothecustomsregulationsofCustomUnion(Russia,Belorussia,andKazakhstan)laiddowninEuroAsian 1% onalldeviceswithrecordingfunctionsofaphonogram/work.so-calledcustomspricewhichiscalculated 1% foralldevicesthatcanrecordsoundand/oraudio.Thereisabiglist ofdevices(mobiles,computers,CDs,DVDs,etc.) Revenues Revenues Remunerations/Levies Audio/Video

2009 (€) Tariff 952,484.9 2010 (€) Capacity 17,094,833.38 € International Survey on Private Copying

Law & Practice 2012 121 : +42 125 556 94 09 : Tomas Miks : Tomas : [email protected] : [email protected] : Rastislavova 3 : 821 08 : Bratislava : +42 125 556 93 62 : SLOVAKIA : Euro : 5,397,036 and Mechanical Rights Society : SOZA – Slovak Performing : www.soza.sk : Romana Draskovicova – Copyright Act No. 618/2003 states only that “Natural person is allowed to make – Copyright Act No. 618/2003 states only that “Natural person is allowed SLOVAKIA Phone Fax Postcode City Address Email 1 Email 2 Contact person 1 Contact person 2 Name of organisation Website Currency Population Country carriers or devices for the first time for sale purposes on the Slovak market. carriers or devices for the first time for sale purposes on the Slovak market. Legally responsiblethe person who places or other country, a third state, importer from a member from recipient Producer, party: The remuneration is due upon the first sale of the levied product within Slovakia or on its import/receipt – i.e. within Slovakia or on its import/receipt is due upon the first sale of the levied product The remuneration it can be paid on both instances. Remuneration levied on media and equipment. Legal liability moment: author.” Remuneration is collected through levies on media and/or equipment: Definition of private use commercial or indirectly work for his personal use and for the purpose that is not directly a copy of released to the in obligation to pay remuneration consent; such use of the work does not result without the author’s Legal basis: and No. 453/2008. Copyright Act No. 618/2003 as amended by Act No. 84/2007, No. 220/2007 Legislation and fundamental facts Contact Information 29. 122 International Survey on Private Copying Law & Practice 2012 management societies. SOZA is responsible for distribution of private copying remunerations to the above-mentioned collective photographic works,andworksofvisualarts,performersproducers ofphonograms. are therefore different rightsholders:authorsofmusical,literary, dramatic,audiovisual,choreographic, and SOZA collectsonbehalfofothercollectivemanagementsocieties:SLOVGRAM,OZISandLITA. Beneficiaries facto SOZA doesnotcollectprivatecopyingremunerations onbehalfoftwocollectivemanagementsocieties( SOZA –SlovakPerformingandMechanicalRightsSociety. No legal monopoly. Society: Collecting There iscurrently nodeduction forcollective(socialand/orcultural)purposes. Collective purposes responsibility: 39.4% –SLOVGRAM(performers andproducers ofphonograms) deny 9.6% –OZIS(performers) manufacturers 24.48% –SOZA(musicalworks) or 26.52% –LITA (literary, dramatic, audiovisual,choreographic, photographicworksandvisualarts) importers and approvalNo governmental isrequired. compensation, Distribution schemesare agreed betweenrespective collectivemanagementsocieties(ergo,rightsholders). claim owners Distribution rights which for objects Mobile phones,settopboxes. recording of Types Deliveries thatserveforthepersonaluseofimporterorrecipient are exempted. exempted: Deliveries management organisationtheexecutionofsuchactivities. of determiningtheircompliancewithstatutoryobligations.Obligatedpartieshavetoallowthecollective parties: The CopyrightActconfersonSOZAtherighttoinspectrelevants records ofobligatedpartiesforthepurpose obligated of Control sellers,consignors,andcarriersofleviedobjects. obligation mightalsoconcern persons whoplacethecarriersordevicesforfirsttimesalepurposesonSlovakmarket.This Legal obligation of producers, recipients fromreport: a member state, importers from a third country or other to Obligation Collection No informationavailableaboutthelegislators’practicefordetermininglevelofremuneration. Levies are setdirectly byCopyrightAct. Levies/rates Costs: SOZA´s administrativecostsrepresent 10%ofthecollectedamountremuneration. Administrative onegroup ofrightsholders): SAPA andAGICOA,bothmanaging audiovisualproducers’ copyrights.

de International Survey on Private Copying

Law & Practice 2012 123 75,756 141,623 165,369 382,748 2011 (€) 2011 (€) 2011 (€) Capacity Capacity

112,216 104,560 691,843 2010 (€) 2010 (€) 2010 (€) 475,067 Video Tariff Tariff 13,024 209,813 389,279 621,116 2009 (€) 2009 (€) 2009 (€) 6% of sale price or import price of the carrier. 6% of sale price or import price of the carrier. 6% of sale price or import price of the carrier. 3% of sale price or import price of the device. 0.5% of sale price or import price of the built-in HDD Revenues Remunerations/Levies Audio Devices Video Revenues Audio Revenues Device Revenues Total “Devices” Total Revenues Total Total “Audio” Total “Video” Total Devices in general Personal computer All video carriers All audio carriers Table 59: Table The Slovak private copying system and legislation have remained unchanged since 2007. legislation have remained The Slovak private copying system and 58: Table Developments or recipient. when determining the level of remuneration? use taken into account How is professional in the Copyright Act. is set by legislators The level of remuneration Legal Exemptionimporter the of use personal the for used be will that objects levied for paid be not shall remuneration The for professional use: Professional uses/exemptions Professional Who is liable for cross-border purchases? cross-border Who is liable for Court of Justice, Opus case the European in compliance with the decision of fully In this case we proceed seller. of the foreign is a responsibility that the payment of remuneration C-462/09. This means Exports are reported after the termination of the respective quarter. Exports are not refunded. Exports are quarter. of the respective after the termination reported Exports are trade Cross-border Carriers and devices which are, for the purpose of resale, exported into third countries, or sent into a member countries, exported into third for the purpose of resale, which are, Carriers and devices given. are refunds No remuneration. exempted from state, are Export 124 International Survey on Private Copying Law & Practice 2012 Contact Information 30. been issued. the organisationSAZOR.The temporarylicenseexpired bytheendof2009,andasyetnonewlicenseshave 2007, for a period of two years. In the case of the private copying of literary works, the levy is collected by ZAVOD-IPF hasatemporary licensetheforcollectionofblanktapelevy, issuedby SIPOinDecember phonograms. collects forperformersandproducers ofphonograms.Italsodistributesonlytoperformers andproducers of ZAVOD-IPF isnotresponsible forthecollectionofprivatecopyingremunerations forallrightsowners. It ZAVOD-IPF Society: Collecting for privateandnon-commercial use,aspartoftheirpersonalluggage. party: Manufacturers andimportersofmediadevices.Inthecaseimporters:unless suchimportsare intended responsible Legally system: Levies onmediaanddevices. Remuneration – – basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 1 Contact person1 Decree onamountsofremunerationreproduction forprivateandotherinternal (OfficialGazetteRS,No. Copyright andrelated rightsact(OfficialGazetteNo.16/2007,No68/2008) 103/2006) SLOVENIA : +38615272931 : +38615272930 : Ljubljana : 1000 : Šmartinska152/6 : [email protected] : Gregor Štibernik : www.zavod-ipf.si : ZAVOD IPF : 2,046,976 : Euro : Slovenia

International Survey on Private Copying

Law & Practice 2012 125 , there was a gap: in the years was , there €

– producers – 30% – producers – 40% – 60% – performers – 30% collapsed. which Zavod IPF (managing neighbouring rights) collected c. 2,000,000 which Zavod IPF (managing neighbouring rights) collected c. 2,000,000 who was no collection at all, despite good legal basis. Zavod IPF, that followed – 2010 and 2011 – there the whole system and afterwards licence, was blocked by the authors’ society, was holding the provisional Developments years (2008 and 2009), in The situation in Slovenia has not changed in 2011. After two quite successful How are exports reported and refunded? exports reported How are for exports. No refund There is currently no deduction for collective (social and/or cultural) purposes. is currently There Export Collective Distribution scheme reserved. are Collected remunerations No collective society was established. Video: Zavod IPF Distribution schemeSAZAS- Audio: Set in a written agreement between collecting societies. between collecting Set in a written agreement Distribution Distribution schemes: Control of obligatedMarket inspection. parties: Liable parties shall, on request of a collecting society, at the end of each quarter submit information about at the end of each quarter submit of a collecting society, on request Liable parties shall, of sold or imported media/devices. the type and number Collection Obligation to report: Levies are set by the government, based on SIPO recommendations. Levies are Levies/rates 126 International Survey on Private Copying Law & Practice 2012 Table 60: Table 61: Legal basisbutnocollection. Additional Comments: USB stick Memory card HD DVDrecorder(external) HD-DVD writer(internal) Blu Rayrecorder(external) Blu Raywriter(internal) Computer harddisc DVD harddiscrecorder DVD recorder(external) DVD writer(internal) CD recorder(external) CD writer(internal) MP3 players HD-DVD Blu Ray DVD doublelayer DVD RAM DVD-R/RW DVD+R/RW Videocassette Data CD-R/RW Audio- CD-R/RW HI MD Minidisc Audiocassette

Revenues Revenues Remunerations/Levies Devices Audio

2009 (€) 978,090 € € € € € € € € € € € € € € € € € € € € € € € € € € € € Tariff Tariff 0.19 0.03 0.13 0.03 0.19 0.10 8.35 4.17 0.03 0.03 0.03 0.03 0.03 0.03 0.03 6.26 0.83 6.26 0.83 0.03 0.83 6.26 0.83 6.26 0.83 0.03 0.10 0.13 Video 2010 (€) > 2GB < 2GB Per GB(max Per GB(max Per GB(max Per GB(max Per GB(max Per GB(max > 180minutes < 180minutes Per GB(max Per 90minutes Per GB(max Per 90minutes > 180minutes < 180minutes Per GB(max Per GB(max Per unit Per unit Per unit Per unit Per GB(max Per unit Per unit Per unit Per unit Per unit 0 € € € € € € € € € € € 16.69) 16.69) 16.69) 16.69) 16.69) 16.69) 16.69) 16.69) 16.69) 16.69) 16.69) Capacity Capacity 2011 (€) 0 International Survey on Private Copying

Law & Practice 2012 127 , . : 91 349 97 15 : Maria Jesus Raudona : [email protected] : [email protected] : Fernando VI, 4 : 28004 : MADRID : 91 349 95 33 : SPAIN : Euro : 46 million : SGAE : www.sgae.es : Armen Riosalido

There is no legal definition about private use is no There Exception applies only when the access to works has been legal SPAIN Phone Fax Postcode City Address Email 1 Email 2 Contact person 1 Contact person 2 Name of organisation Website Currency Population Country Legal liability moment: in the Spanish territory. Upon sales by importer or manufacturer Remuneration On media and equipment. is collected through levies on media and/or equipment: (a) (b) the following list of equipment, devices and material carriers. Scope of the exception: On 19 June, 2008, the Spanish official gazette, Boletín Oficial del Estado, published a Ministerial Order published a Ministerial On 19 June, 2008, the Spanish official gazette, Boletín Oficial del Estado, of the Spanish Law on (TRLPI) the Consolidated Text to rule 3 in section 6 of Article 25 from referring 2008 to of 1 July, rates applicable as (draft of the Law 23/2006, of 7 July), setting royalty Intellectual property Legal basis: Article 25 of the Law on Intellectual Property. Legislation and fundamental facts Contact Information 31. 128 International Survey on Private Copying Law & Practice 2012 SGAE hasnolegalmonopoly. Controlled bytheMinistryofCulture. Societiesare obligedtoreport regularly and dramaticworks. authors ofmusical,audiovisualanddramaticworks.Italsodistributesonlyto SGAE isnotresponsible for thecollectionofprivatecopyingremunerations toallrightsowners.Itcollectsfor SGAE Society: Collecting former havenotpaidthelevy. party: Importers orproducers of recording mediaorequipment.Alsoresellers, wholesalersandretailers, whenthe responsible Legally Determined inthelaw. Distribution Importers deductexportedunitsintheirstatements. By law. exempted: Exports Computer hard discs. exempted: Objects Purchases madebythosewhohavealicenseforreproduction. exempted: Deliveries what companiestoauditandwhendoit. that are informingandpaying,toauditthesales,checkiftheyare declaringcorrectly. SGAEselects find them,weauditthemtocheckhowmuchtheyhavenotpaid.Theseauditorsalsogothecompanies make marketsurveys to find companies/retailers/importers that are notpaying forthis right. Andwhen we parties: We haveateamofpeoplewho,incooperationwiththerest oftheinvolvedcollectingsocieties, obligated of Control Every quarter,report: debtorshavetodeclare thesalesofprevious quartertothecollectingsocieties. to Obligation Collection the followinglistofequipment,devicesandmaterialcarriers. Intellectual property (draftoftheLaw23/2006,7July),settingroyalty ratesapplicableasof1July, 2008to referring torule3insection6ofArticle25from (TRLPI)theConsolidatedText oftheSpanishLawon On 19June,2008,theSpanishofficialgazette,BoletínOficialdelEstado,publishedaMinisterial Order The lawforanalogueenvironment, andtheMinistryofCulture forthedigitalenvironment. Levies/rates to theMinistryofCulture. Collecting societiesmustbeauthorisedbytheMinistryofCulture.

International Survey on Private Copying

Law & Practice 2012 129 the State’s general budget. We are awaiting the development of this new regulation. are general budget. We the State’s Developments government the new Spanish eliminated 30th December, to 2011, because last The above information refers and, at least for 2012, levy is going to be paid by the government from the traditional system of private copy, No. No. Contractual exemption for professional use: Professional uses/exemptions Professional Legal Exemption for professional use: Whoever makes the purchase is liable, because the Spanish law states that the levy must be paid by those is liable, because Whoever makes the purchase or use therein. distribution for commercial outside the national territory, who buy the products Cross-border trade Cross-border purchases? Who is liable for cross-border How are exports reported and refunded? exports reported How are statements. Importers deduct exported units in their Distribution decided by the Fundación Autor. Distribution decided by the Fundación Export Collective purposes:20%, as stipulated in the law. EGEDA – 33.33% – Audiovisual producers – Audiovisual producers EGEDA – 33.33% SGAE – 32.91% – Authors and editors AIE – 6.67% – Music performers AIE – 6.67% – Music Audiovisual performers AISGE – 26.67% – Audiovisual authors DAMA – 0.42% – Distribution scheme Video: AIE – 25% – Music performers AIE – 25% – Music producers AGEDI – 25% – Phonomechanical and editors SGAE – 50% – Authors Distribution scheme Audio: 130 International Survey on Private Copying Law & Practice 2012 Table 62: Mobile phone/MP3 MP4 Hard discexternal USB Stick Memory Card HD DVDrecorder(external) HD DVDwriter(internal) Blu Rayrecorder(external) Blu Raywriter(internal) DVD harddiscrecorder DVD recorder(external) DVD writer(internal) CD recorder(external) CD writer(internal) MP3 player DVD-RW video DVD-R video DVD-RW data DVD-R data Videocassette Data CD-RW Data CD-r Audio CD-RW Audio CD-R Minidisc-RW Minidisc-R Audiocassette Remunerations/Levies Devices Audio Video € € € € € € € € € € € € € € € € € € € € € € € € € € Tariff Tariff € 15.40 3.40 3.40 0.60 0.60 3.15 0.60 0.44 0.60 0.44 0.22 0.17 0.22 0.17 0.22 0.17 0.18 1.10 3.15 0.30 0.30 3.40 3.40 3.40 3.40 0.30 12 Unit Unit Unit Unit Unit Per unit Per unit Per unit Per unit Per 60minutes Per unit Per unit Per unit Per unit Per unit Per unit Per 60minutes Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit

Capacity Capacity International Survey on Private Copying

Law & Practice 2012 131 56.40 2,371 5,592 337.54 97,917 34,032 2011 (€) 2011 (€) 2011 (€) 186,202 127,768 215,580 866,844 316,538 489,766 251,491 250,817 1,960,514 2,144,860 2,525,099 6,062,843 1,231,108 1,249,392 2,889,158 5,200,242 3,747,350 4,242,708 1,816,303 2,976,693 61,864,764 14,572,592 52,421,814 17,843,540

76.20 10,605 45,402 16,446 129,053 2010 (€) 2010 (€) 2010 (€) 211,883 137,567 325,046 272,195 614,979 906,625 469,676 285,581 2,440,678 3,629,177 3,590,408 8,620,682 1,529,133 2,058,708 2,021,136 3,289,601 7,579,159 7,280,419 8,203,490 2,041,461 5,559,184 82,168,801 18,100,310 66,386,152 18,582,770 620 5,323 1,669 19,998 51,900 33,567 2009 (€) 2009 (€) 2009 (€) 323,857 143,103 212,616 801,801 324,888 403,994 309,826 211,599 166,881 822,666 288,819 5,161,166 3,139,975 7,488,009 1,320,139 1,341,024 2,161,294 4,781,747 2,437,407 3,537,281 9,593,011 1,384,868 9,739,317 79,080,032 15,626,453 58,040,450 16,838,225 11,446,571

Video Revenues Audio Revenues Device Revenues Revenues Total “Devices” Total Revenues Total TV hard drive recorder with DVD recorder Digital tuner decoder with hard disc External hard disc (Video) TV with DVD recorder TV hard disc recorder VHS recorder DVD recorder External hard disc (Audio) DVD recorder CD/DVD recorder (Audio) CD/DVD recorder (Video) HiFi tape recorder CD recorder (external) CD recorder (Video share) Memory Card (Video share) USB (Audio share) USB (Video share Mobile phone/MP3 MP4 (audio share) MP4 (video share) Total “Video” Total MP3-player Data-CD R/RW (video share) Data-CD R/RW (video DVD R/RW (video share) Video DVD R/RW DVD R/RW (audio share) “Audio” Total Videocassette Data-CD R/RW (audio share) Data-CD R/RW (audio Audio CD-R/RW Memory card (audio share) Audiocassette Table 63: Table 132 International Survey on Private Copying Law & Practice 2012 Contact Information 32. Copyswede isresponsible forthecollectionanddistribution oftheprivatecopyingremunerations. Copyswede Society: Collecting are soldon.Contractuallytheypaymonthly. According toagreements betweenCopyswedeandtheindustry, theremuneration is paidwhentheproducts Importers are liableforpayment.Accordingmoment: totheCopyrightActliabilityarisesatmomentofimport. liability Legal Remuneration leviedonmediaandequipment. copies from anillegalsource. The provision onthemakingofprivatecopiesinSwedishCopyrightActdoesnotconferarighttomake Copyright Act(1960:729),Section26k-m. basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 2 Email 1 Contact person2 Contact person1 SWEDEN

: +4686678811 : +46854566700 : Stockholm : 11246 : Industrigatan2a : [email protected] : [email protected] : EgilEkbom : Tanja Jalamo : http://www.copyswede.se : Copyswede : 9,500,000 : SEK : Sweden € 1.00=9SEK International Survey on Private Copying

Law & Practice 2012 133

33% – Video and film producers 67% – Copyswede/IFPI 5.33% to Union of Broadcasting Organisations (UBOS) 5.33% to Union of Broadcasting part is distributed as follows: The remaining 33.3% – IFPI Distribution scheme Video: 33.3% – STIM 33.3% – SAMI 5.33% to Union of Broadcasting Organisations (UBOS) 5.33% to Union of Broadcasting part is distributed as follows: The remaining rights holders, and both parties set the distribution schemes. rights holders, and both parties set the Distribution scheme Audio: Distribution and the organisations of negotiations between Copyswede are Copyswede, there from After propositions Objects exempted: excluded. Cassettes for video cameras are signed by them. Copyswede has a market controller who regularly audits the liable parties who are registered registered audits the liable parties who are who regularly controller signed by them. Copyswede has a market with Copyswede. Control of obligated the agreements through accounts of importers and manufacturers Copyswede has the right to audit the parties: The importer is obliged to report at import; however, both importers and resellers with contracts report report contracts with and resellers importers both however, import; at report to obliged is importer The month. monthly for the previous Levies/rates In negotiations with of the industry. and representatives set in negotiations between Copyswede Levies are tariffs. to set the market surveys have been conducted in order the industry, and with radio and TV companies (IFPI, FRF and UBOS), Copyswede also collects the remuneration on behalf on Copyswede also collects the remuneration TV companies (IFPI, FRF and UBOS), and with radio and of these organisations. authors and holders of neighbouring rights is entitled to collect the remuneration. Copyswede is a co-operative co-operative a is Copyswede remuneration. the collect to entitled is rights neighbouring of holders and authors Swedish authors and organisations representing established by fourteen member economic association, and phonogram producers, film with organisations representing a partnership agreement performers. Under 6.3%. number of Swedish a substantial Act, section 26 m, an organisation representing to the Copyright According Administrative Costs: 134 International Survey on Private Copying Law & Practice 2012 Copyswede´s andIFPI´spartisdistributedasfollows: and nocompanyororganisationhasbeenprepared toshouldertheresponsibility ofnegotiations. these products inthejointagreements withtheindustry. However, theindustryhasshowngreat reluctance, the industryrepresenting hard USBsticks,external discsandmobilephones,withtheambitiontoinclude the industry. Forasizeableperiodoftime,Copyswedehastakenseveralinitiativestoopendiscussionswith The remuneration systemislargelybasedonnegotiationsandagreements betweentherightsholdersand Developments Upfront exemption. How isprofessional usetakenintoaccountwhendeterminingthelevelofremuneration? There isalegalexemptionforprofessional use. Professional uses/exemptions The importerisliableforcross-border purchases. Cross-border trade Exports are handledviaupfront exemptionwithnorefunds. Export There iscurrently nodeductionforcollective(socialand/orcultural)purposes. Collective purposes 13.52% 25.65% 15.45% 18.25% 8.09% 0.46% 0.59% 1.64% 1.71% 0.54% 3.20% 1.85% 0.31% 2.36% 3.03% 3.38% – Musicians/conductors – STIM(authorsofmusicalworks) – Dancers – Actors – Choreographers – Stagedesigners – Directors – Journalists – Translators – Writers – Playwriters – Stills – Editing,cuttingandlight – Directors ofphotography – IFPI/SAMI – Singers/performers International Survey on Private Copying

Law & Practice 2012 135 54,412 66,099 2011 (€) 2011 (€) 2011 (€) 717,012 771,424 745,987 178,786 301,596 8,405,433 5,105,205 2,462,705 2,528,804 4,149,836 Capacity Capacity N/A N/A Up to 900 MB Up to 900 MB 4.7 GB 4.7 GB 8.5 GB 4.7 GB Up to 40 GB 41 – 80 GB 81 – 160 GB 161 – 250 GB Larger than 250 GB 41 – 80 GB 81 – 160 GB 161 – 250 GB Larger than 250 GB Larger than 2 GB; smaller than 40 GB 40 GB and larger 40 GB and larger Up to 40 GB 67,039 2010 (€) 2010 (€) 2010 (€) 972,657 188,628 9,889,162 5,114,593 1,039,696 3,546,245 3,734,873 1,114,710 3,999,883

€ € € € € € /min /min € € € € /min /GB /GB /GB € € € € € € € 25 0.29 0.47 0.53 0.47 25 Tariff Tariff 0.07 0.11 2.22 2.22 19.44 27.77 33.33 19.44 27.77 33.33 Video 0.39 0.06 0.39 0.002 N/A N/A 0.0027 0.0022 82,408 2009 (€) 2009 (€) 2009 (€) 217,724 4,732,792 3,997,151 4,214,875 1,403,468 3,329,324 1,195,210 3,661,562 12,609,229

Audio Devices Video Revenues Audio Revenues Device Revenues

Remunerations/Levies Revenues Audio player Audio player e.g. MP3-player Audio player DVD-RW DVD-R DL DVD-RAM CD-RW Data VHS DVD-R CD-R Audio CD-RW Audio CD-R Data Audiocassette Total Revenues Total USB Memory External Hard Drive “Devices” Total Audio Player Video Player Videocassette DVD-R/RW/RAM “Video” Total CD-R/RW Data Audiocassette/Minidisc/CD-R/RW “Audio” Total USB Memory* External Hard drive * Video player Video player Video player USB Memory * Video player HDD Box, DVD w. e.g. Set Top Video player Audio player Audio player Table 64: Table Table 65: Table Additional Comments: until October 2012. under arbitration * USB Memory and external Drives are Hard 136 International Survey on Private Copying Law & Practice 2012 Contact Information 33. SUISA isresponsible forthecollectionanddistribution forallrightsowners. copying levies. SUISA isthesolebodyto collect forthecommontariffs (ofthefiveSwisscopyrightsocieties)ofprivate Legal obligationforcopyright societiestocollectlevieswithacommontariff. Theresponsible societyisSUISA SUISA Society: Collecting At thetimeofimportordistributionfrom thefactory.moment: liability Legal delivery from thestockofcontractingpartner. Remuneration leviedonmediatobepaidbyimporters orproducers ofrecording media,atthemomentof of theexception. Any personaluse,andanyusewithinacircle offamilymembersorclosefriends.Illegalsource copiesare part Definition ofprivateuse: Swiss copyrightcodeof1992,lastrevised 2008. basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 2 Email 1 Contact person2 Contact person1 SWITZERLAND

: +414448167 : +414448566 : Zürich : 8038 : Bellariastrasse48 : [email protected] : [email protected] : DanielKöhler : FrankDietiker : www.suisa.ch : SUISA : 7,800,000 : CHF : Switzerland € 1.00=CHF1,2343 International Survey on Private Copying

Law & Practice 2012 137 11,910,711 € – sound recording devices such as MP3 Walkmans, MP3 Jukeboxes (and devices with devices such as MP3 Walkmans, – sound recording

digital storage media such as microchips or hard discs in audio and audiovisual digital storage media such as microchips or hard discs in audio 1,219,679 € But nowadays these type of carriers are out of date.) But nowadays these type of carriers are common tariff 4d for digital memory in MP3 players, video recorders with hard discs, and similar devices, with hard 4d for digital memory in MP3 players, video recorders common tariff 4e for digital memory in mobile phones. common tariff common tariff 4a for audio and video blank tapes, common tariff systems. not usable with private recording e.g. tapes that are a list of exempted products, did have (We 4b for CD-R and CD-RW, common tariff 4c for blank DVD and Blu Ray discs, common tariff Negotiations between collecting societies and associations of blank media importers or producers. collecting societies and associations Negotiations between the Ministry of Justice decides. Commission appointed by is no settlement: Arbitration If there – – – – There is no current list of exempted products. We currently have five tariffs for blank media: have five tariffs currently We list of exempted products. current is no There – with built-in hard discs. An audio or a video recorder, within the meaning of this tariff, is any device with a within the meaning of this tariff, discs. An audio or a video recorder, with built-in hard and playing copyrighted works and services. All function, which is primarily marketed for recording recording exempt. etc. are like PCs, Laptops, Tablets, other storage media in products similar compression processes), iPods, and hard disc recorders; or video recording devices such as satellite or video recording disc recorders; iPods, and hard processes), similar compression discs, hard built-in with sets television discs, hard built-in with boxes set-top discs, hard built-in with receivers (PVR) (DVR), and personal video recorders discs, digital video recorders with built-in hard DVD recorders not meant for private copying but for professional use. But nowadays, with four more tariffs for technically tariffs use. But nowadays, with four more not meant for private copying but for professional discs in personal computers.The scope no exemptions except for hard are carriers, there advanced more is: of the tariff recording device Objects exempted: obviously for blank audio and video tapes, we exempted tapes that are When we first negotiated a tariff If carriers are verifiably used for commercial copying there is the possibility to get a refund on paid levies, e.g. possibility to get a is the copying there verifiably used for commercial If carriers are DVDs to make copies of their broadcasts. Corporation imports blank the Swiss Broadcasting otherwise those costs will be on the account of the party who requested the third-party. account of the party who requested otherwise those costs will be on the Deliveries exempted: verification purposes. SUISA may request a corresponding confirmation from the producer’s or importer’s importer’s or producer’s from the confirmation a corresponding request may SUISA purposes. verification party; if the verifications show that the third may be entrusted to an independent auditors. Verification costs; false or incomplete, the latter shall bear the verification declarations were or importer’s producer’s Control of obligated for and books, and importers shall grant SUISA access to their warehouses producers request, At SUISA’s parties: Customers are obliged to report about the quantity and storage size of the blank carriers they sell. There is storage size of the blank carriers they sell. There about the quantity and obliged to report Customers are the contracts. Reporting terms specify no later than 20 and defined in the law; only in the tariffs no reporting days after the end of each month. Collection Studies about how consumers are using the carriers, i.e. what kind of repertoire is stored, to what extent. is stored, carriers, i.e. what kind of repertoire using the Studies about how consumers are about device prices and memory sizes. Market research 1. 2. of remuneration? used for determining the level is research What – if any – market Levies/rates Total collection 2010: Total cost: Total 10.12% Percentage: Administrative Costs: 138 International Survey on Private Copying Law & Practice 2012 According toArt.60ofSwiss CopyrightLaw, thesplitbetweencopyrightsandneighbouringrightsis3:1. Distribution and importersdenythelegalbasisforatariff, astheydidwithmobilephones. again. We are alsocurrently innegotiationsaboutleviesfortabletsliketheiPad. Associationsofproducers have notreceived thewritten decision.Butweexpecttheassociationsofproducers andimporterstoappeal Committee decidedagainaboutthistariff andapproved itagain.Theappealperiodisnotexhaustedyet–we The SwissAdministrationCourtdidnotdecideanythingsubstantial.InNovember2011theArbitration importers appealed against this decision. In April 2011 the case was remanded due to procedural mistakes. for mobilephoneswithMP3Player, forthefirsttime,in March 2010.Theassociationsofproducers and We havenotcollectedlevies formobilephonesyet.TheSwissArbitrationCommitteeapproved atariff 25.00% 57.530% (VHS): Video 25% 57.525% for digitalstorageinaudiovisualdevices,suchasvideorecorders withhard discs,orsettopboxes,are: At themomentwehavefivetariffs forblankcarriers.Thedistributionshares vary. Asanexample,theshares Distribution schemeVideo: 25% 11.250% 55.050% CD-data: 25% Swissperform(neighbouringrights) 9.78% SUISSIMAGE(copyrightsforaudiovisualworks) 2.15% SSA(copyrightsfordramaticalandaudiovisualworks) 4.37% Pro Litteris(copyrightsforliterature andvisualarts) 58.7% SUISA(musiccopyrights) for MP3playersandsimilardevicesare: Audio: At themomentwehavefivetariffs forblankcarriers.Thedistributionshares vary. Asanexample,theshares scheme Distribution stored, andtowhatextent. Thereapproval isnogovernment required. scheme pertariff, basedon studiesabouthowconsumersare usingthecarrier, i.e.whatkindofrepertoire is The distribution of the copyrights share is a matter for rights owners. The societies negotiate a distribution 2.660% 5.330% 9.490% 2.66% 5.325% 9.49% 2.480% 6.220%

SWISSPERFORM SUISSIMAGE SSA ProLitteris SUISA SUISSIMAGE SSA Pro Litteris SUISA SUISSIMAGE SSA ProLitteris SUISA Swissperform SWISSPERFORM International Survey on Private Copying

Law & Practice 2012 139 SWISSPERFORM SUISA ProLitteris SSA SUISSIMAGE

6.520% 2.780% How is professional use taken into account when determining the level of remuneration? use taken into account when determining the level of remuneration? How is professional 4b (CD) and 4c (DVD) include a deduction of 1/3 for carriers used in business. The common tariffs exemption for professional use. However, we have to account for possible professional use in the tariffs. This use in the tariffs. we have to account for possible professional use. However, exemption for professional levies in the case of the a possibility for refund can be done by exemption of certain medias, or by providing use. of professional Professional uses/exemptions Professional is no use. Thus, there only applicable for private copying not for professional are The four common tariffs There are no levies for cross-border purchases in Switzerland, unless a foreign mail order company sells blank mail order in Switzerland, unless a foreign purchases no levies for cross-border are There dealing no VAT, Swiss Francs, Swiss in price i.e. vendor, domestic a like acts and customers Swiss to media with customs necessary for the consumer. Cross-border trade Cross-border We refund levies if carriers are verifiably exported. The manufacturer or importer has to prove the export by importer has to prove or verifiably exported. The manufacturer levies if carriers are refund We next invoice. against the set refunds sending customs documents. We Export exempted by tariff. Exports are The deductions are part of our distribution rules which are determined by rights owners. The distribution rules which are part of our distribution rules The deductions are Property. the Swiss Federal Institute of Intellectual from need approval Allocation for pension fund for authors and publishers SUISA’s social purposes: Allocation for SUISA Foundation for Music artists, cultural productions: makes a deduction of its own. SUISA deducts 10% for social and cultural purposes. of its own. SUISA deducts 10% for makes a deduction determined by rights owners. The deductions are Collective purposes But each society societies. to the respective distribution of the shares before is no such deduction There 52.500% 25.00% 13.200% DVD, Blu Ray, HD: 140 International Survey on Private Copying Law & Practice 2012 Table 66: Table 67: Please leaveadditionalcommentsonthedevelopmentofrevenues overtheyears,andcontributingfactorsdevelopments. Additional Comments: Total Revenues Total “Devices” Video withoutportables Audio plusallportables Total “Video” DVD R/RW Cassettes VHS Total “Audio” CD R/RWdata CC, Minidisc,CD-Audio HD inaudiovisualdevices all portabledevices Memory CardsandHDinaudiodevices Memory CardsandHDinMobilephones DVD-RW BluRay/HD DVD-R BluRay/HD DVD-RW DVD-R VHS CD R/RWdata CD audio Minidisc Compact Cassette Device Revenues Revenues Remunerations/Levies Audio Revenues Video Revenues Devices Audio

with capacityover250GB We havealittledeductionformemory total 41.25; 0.081 =20.25plus250x0.06416.00, For thecapacityof500GB itis250x 0.081 =total20.25; For thecapacityof250GB itisx 9,874,582 2,927,184 6,947,398 4,735,529 4,331,123 1,523,284 1,363,072 2009 (€) 2009 (€) 2009 (€) 404,406 160,212

Video plus 0.064 Tariff Tariff 0.081 0.243 0.307 0.405 0.526 0.567 0.202 0.753 0.267 0.712 0.251 0.372 0.040 0.267 0.267 0.267

11,910,711 5,563,404 1,019,982 4,543,422 4,651,082 4,280,822 1,696,225 1,548,241 2010 (€) 2010 (€) 2010 (€) 370,200 147,984 per GB>250 per GB:morethan32GB per GB:16GB>32 per GB:8GB>16 per GB:4GB>8 per GB>4 1 GB 25 GB 25 GB 4.7 GB 4.7 GB 60 minutes 60 minutes 60 minutes 60 minutes 60 minutes per GBforeveryover250 Capacity Capacity 8,645,498 3,627,492 2,852,970 3,807,252 3,572,743 1,210,754 1,103,622 2011 (€) 2011 (€) 2011 (€) 774,522 234,509 107,092 International Survey on Private Copying

Law & Practice 2012 141 1.00 = 2.20 € : +90 212 292 46 13 : +90 212 292 46 17 : Asli Devrim Ugurlu : Ahmet Asena : [email protected] : [email protected] Cad.Kuloglu : Turnacibasi : Mahallesi No:10, Beyoglu : Istanbul : Turkey : TL : 74,700,000 national (IFPI Society Collecting Producers Phonogram : Turkey) group :www.mu-yap.org TURKEY Phone Fax City Address Postcode Email 1 Email 2 Contact person 1 Contact person 2 Name of organisation Website Currency Population Country Legally responsibleImporters and manufacturers. party: manufacturers: within 15 days after distribution of the devices and carriers to the local market, with an with market, local the to carriers and devices the of distribution after days 15 within manufacturers: amount based upon the manufacturing prices. Legal liability moment: the customs declaration of devices and blank carriers upon CIF amount. For For importers: before However there is an obligation for importers and manufacturers to pay an amount from the blank carriers to pay an amount from is an obligation for importers and manufacturers However there (MOCT). and Tourism and devices to the account of the Ministry of Culture Turkish Copyright Law, Article 38 and Article 44. Copyright Law, Turkish in the law. not regulated to Article 38, but levies are Private copying is allowed according Legislation and fundamental facts Legal basis: Contact Information 34. 142 International Survey on Private Copying Law & Practice 2012 Collection decisionbasedontheGeneralTariffby aGovernment StatisticPositionNumber. Blank media/devices,andamountofpaymentareThetariff determinedbytheGovernment. is Levies/rates Ministry ofCulture andTourism hasthelegalmonopoly. No. Collectionofremunerations isdonebytheMinisterofCulture andTourism (MOCT). Society: Collecting be determined withaby-lawtobeissued bytheMinistryofCulture andTourism. Theallowance whichis and artisticactivities.Therules andprocedures thedistributionanduseofthesemoniesshall concerning be usedforthepurposeof strengthening theintellectual property systemand theexecutionofcultural (Amendment: 21.2.2001– 4630/23; 14.7.2004–5217/17): Accounting Officeandshall be recorded as revenue inthebudget. amounts collectedinthespecial accountshallbetransferred totheaccountofMinistryCulture Central exceeding 3%ofthemanufacturingorimportationcosts. (Addition:14.7.2004–5217/17):Aquarterofthe name oftheMinistryCulture andTourism, anamounttobedeterminedbytheCouncilofMinistersnot middle ofthefollowingmonthatlatest,inaspecial accounttobeopenedwithanationalbankinthe the reproduction ofintellectualandartisticworksare obligedtocollecteverymonthanddeposit,untilthe video cassettes,audiocomputerdiscs,CDs,DVDs andallkindsoftechnicalequipmentwhichserve who manufacture orimportforcommercial purposesanykindofmaterialscarryingworkssuchasblank Art. 44(secondandotherrelated paragraph),(Amendment:21.2.2001–4630/23): Naturalandlegalpersons work. the legitimateinterests ofrightsholderswithoutgoodreason orconflictwiththenormalexploitationof and artisticworksforpersonalusewithoutpursuingprofit. However, such reproduction maynotprejudice Art. 38.(Amendment:7.6.1995–4110/14;21.2.20014630/19):Itispermittedtoreproduce allintellectual agreements. Thearticlesare provided below, foryourinformation: Articles 38and44havetobeamendedaccording totheCopyright Directive 2001/29andinternational in theCopyrightLaw. importing fee)from theblankmediaanddevices,formanufacturers andimporters,buttheseare notlevies explicitly regulated. There isanobligationtopayamount(notexceeding3%ofmanufacturingpriceor Private copyingisregulated inTurkish CopyrightLaw, butfaircompensationisnotincluded.Leviesare not Observations: Yes, theMinistryofCulture andTourism isfullyauthorisedtousetheseamountsforculturalpurposes. purposes: Collective media anddevicesare exploitedbytheMinistryofCulture andTourism. Rights holdershavenotgotanyfaircompensationfrom thesepaymentsandallrevenues from blank No distributionscheme. Distribution parties: No controlling instruments. obligated of Control Ministry ofCulture andTourism accordingdecision. totheGovernment Importers andmanufacturers havetoreport theirimportsandmanufacturingquantitiespricestothe

Theamountsremaining inthisaccountshall International Survey on Private Copying

Law & Practice 2012 143 fees to be collected shall be determined with a by-law to be issued by the Ministry of Culture. shall be determined with a by-law fees to be collected be placed in the budget of the Ministry. of the Ministry. be placed in the budget article and the the application of this regarding – 5101/15): Rules and procedures (Amendment: 3.3.2004 necessary for activities concerning the protection of the cultural heritage within and outside the country shall outside the country within and of the cultural heritage for activities concerningnecessary protection the 144 International Survey on Private Copying Law & Practice 2012 Contact Information 35. reports along withpayments. licensing division of the US Copyright Office. Theimporter or manufacturer mustfile quarterly andannual moment: The firstimporterormanufacturer ofthedeviceor mediamustfile a statement andpayment withthe liability Contractual equipment: and/or Royalties mustbepaidupon thefirstdistributionofqualifyingdevicesormedia. moment: media liability on Legal levies through collected is Remuneration intheformofroyalties collectedondevicesandmediacapableof making copies. Remuneration (b) (a) exception: the of Scope dealing withDigitalAudioRecording DevicesandMedia. Audio HomeRecording FUND),isasubsectionofChapter10theUSCopyrightAct Actof1992(DART basis: Legal Legislation andfundamentalfacts Website Name oforganisation Population Currency Country Fax Phone City Postcode Address Email 2 Email 1 Contact person2 Contact person1 UNITED STATES OFAMERICA Copying thatisforprivate,non-comercial use. paid andothertechnicalrequirements are compliedwith. copies forprivateuse.Thelawmakescopying forprivateuselegal,solongasroyalties are Applies to digitalaudio recording devices and media,whose primary purpose is to make digital audio

: (703)535-8105 : (703)535-8104 : Alexandria,VA, USA : 22314 : 700NorthFairfaxStreet Suite601 : [email protected] : [email protected] : MikeStern : LindaBocchi : https://www.aarcroyalties.com : AllianceofArtistsandRecording Companies(AARC) : 313,000,000 : Dollars(USD) : UnitedStatesofAmerica € 1.00=1,35126 International Survey on Private Copying

Law & Practice 2012 145

machines, and other audio recording equipment that is designed and marketed primarily for the fixation of equipment that is designed and marketed primarily machines, and other audio recording non-musical sounds. It does not include those devices that are used primarily for fixing non-musical works, such as motion pictures, pictures, motion such as works, non-musical for fixing used primarily are those devices that include does not It of the or databases. It does not include works that consist entirely audiovisual works, computer programmes dictation model products, Professional programme. It also does not cover any computer-based spoken word. with these requirements they can face civil penalties. Rights owners have audit rights. with these requirements Objects exempted: Control of obligated of the importer/manufacturer. Statements must be certified as accurate by an authorised officer or principal parties:comply not do parties If statements. these audit and verify to regulations issues Copyrights of Register The Manufacturers/importers are required to report to the Register of Copyrights on a quarterly basis. to the Register of Copyrights on to report required are Manufacturers/importers The levy is determined as a standard fee; artists are given their distribution based on Neilson Soundscan data. Soundscan distribution based on Neilson given their are fee; artists The levy is determined as a standard Collection Levies/rates Act. The rate is set by the Audio Home Recording Copyright Owners are allocated 96% of the 2/3, which is then allocated 40/60% to the featured artists/ featured the to 40/60% allocated then is which 2/3, the of 96% allocated are Owners Copyright respectively. producers Additional Comments:1992 of Act Recording Home Audio of the collections of the 2/3 allocated is fund sound recordings’ The Recording Artists/Sound Featured performers. DARTthe non-featured (The to allocated 4% is fund). The AARC does not have an administrative percentage. Under the bylaws, AARC deducts the budget amount percentage. AARC does not have an administrative by the AARC board. approved Administrative Costs: The United States Copyright Office does not collect for all rights owners, but for Featured Artists/Sound Artists/Sound for all rights owners, but for Featured Copyright Office does not collect The United States (Producers) Copyright Owners Recording No monopoly. Collecting Society: Office. United States Copyright The first US importer and distributor, or manufacturer and distributor, of the devices or media. and distributor, or manufacturer and distributor, The first US importer Legally responsible party: 146 International Survey on Private Copying Law & Practice 2012 Copyright Owners’SubFund–60%ofFASRCO Featured Artists’SubFund –40%ofFASRCO Featured Artists,SoundRecording CopyrightOwners–96%ofSRFSubFund-AARC Non-Featured Artists–4% oftheSRF–AFM/AFTRA Sound Recordings’ fund Fund(SRF) –2/3oftotalDART Publishers’ SubFund–50%ofthe1/3MWFHarryFoxAgency Writers’ SubFund–50%of the1/3MWF–ASCAP/BMI/SESAC Audio: Musical Works funds Fund(MWF) –1/3oftotalDART scheme Distribution Distribution Table 69: Table 68: N/A use: How isprofessional usetakenintoaccountwhendeterminingthelevelofremuneration? professional for N/A exemption Contractual use: professional for N/A Exemption Legal Professional uses/exemptions Who isliableforcross-border purchases? Cross-border trade Media anddevicesmustbedistributedintheUStosubjectpaymentofroyalties. Export There iscurrently nodeductionforcollective(socialand/orcultural)purposes. Collective purposes Video: No videoprivatecopylaw. scheme Distribution Total “Devices” Devices Audio Device Revenues Remunerations/Levies Revenues Office regulations Confidential informationperCopyright 3% ofthetransferpriceformedia 2% ofthetransferpricefordevices Tariff Tariff 1.3 MillionEuro 2009 (€) N/A under theCopyrightAct. device or$12(Apx.18Euro)permulti-integrateddevice, DEVICES ONLY: Notmorethan$8US(Apx.12 Euro)per 1.5 MillionEuro 2010 (€) Capacity Capacity 2.3 MillionEuro 2011 (€)

International Survey on Private Copying

For more information contact WIPO at www.wipo.int Law & Practice 2 012 World Intellectual Property Organization 34, chemin des Colombettes 2012 International Survey on Private Copying – Law & Practice P.O. Box 18 CH-1211 Geneva 20 Switzerland

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WIPO Publication No. 1037E ISBN 978-92-805-2271-6