International Survey on Text and Image Copyright Levies

For more information contact WIPO at www.wipo.int 2016 Edition World Intellectual Property Organization 34, chemin des Colombettes P.O. Box 18 CH-1211 Geneva 20 and Image Copyright Levies 2016 Edition Text International Survey on Switzerland

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

WIPO Publication No. 1042E/17 ISBN 978-92-805-2842-8 International Survey on Text and Image Copyright Levies 2016 Edition Image Copyright Levies 2016 Edition International Survey on Text and

International Survey on Text and International Survey on Text Image Copyright Levies 2016 Edition 2 International Survey on Text and Image Copyright Levies 2016 Edition1 7 8 5 8 9 7 7 23 25 16 19 10 10 11 13 14 14 21 21 15 16 16 16 16 17 17 17 17 17 18 18 18 19 19 20 20 20 21 10 14 15

ning text and image levy systems

eign rightholders

fs

-publisher split ound of text and image levies

om an illegal source

YSIS

ariffs Are Set Are ariffs oss-border issue: Refunds and exemptions oss-border ds

es of text and image levies es of text and image Responsibility for distribution between CMOs Determination of distribution schemes The author Deduction of administrative fees Social and cultural deductions Outsiders and for Challenges to publishers’ right to participate in TI compensation schemes T Pr Copies fr Illegal copies The cr V Impact on prices and sales of devices and media Relationship between the operator fee and the device/equipment levy General principles How T Level of tarif T Use of statistical surveys The Issue of double payment Who is liable to pay the equipment levy? be applied? On which devices or media can levies Equipment levies Operator fees T

Introduction Final wor T Aspects of Distribution Liability and other issues pertaining to text and image levies Liability and other issues pertaining to Overview by continent EU developments concer Legal backgr image levies Practical implementation of text and T Featur Methodology and Scope Main changes since last survey Main changes since

1.11.5 1.11.6 1.11.7 1.11.8 1.10.11 1.11.1 1.11.2 1.11.3 1.11.4 1.10.6 1.10.7 1.10.8 1.10.9 1.10.10 ofthelevy isibility 1.10.1 1.10.2 1.10.3 1.10.4 1.10.5 process ariff-setting ofessional use 1.9.1 1.9.2 1.9.3 1.9.4 of tariffs ypes 1.3.1 1.3.2 1.3.3 ariffs 1.13 1.12 rends 1.11 1.10 1.5 1.6 1.7 1.8 1.9 Setting ariff 1.3 1.4 1.1 1.2 GENERAL ANAL

EXECUTIVE SUMMARY 1. Table of Contents of Table 2 International Survey on Text and Image Copyright Levies 2016 Edition ARATIVE TABLES 3. 2. ACRONYMS ANDABBREVIATIONS

COUNTR COMP 3.2 3.1 3.1.8 3.1.7 3.1.6 3.1.5 3.1.4 3.1.3 3.1.2 3.1.1 3.1.1 3.2.16 3.2.15 3.2.14 3.2.13 3.2.12 3.2.11 3.2.10 3.2.9 3.2.8 3.2.7 3.2.6 3.2.5 3.2.4 3.2.3 3.2.2 3.2.1 3.1.17 3.1.16 3.1.15 3.1.14 3.1.13 3.1.12 3.1.11 3.1.10 3.1.9

Countries wher Countries W

Y REPORTS Algeria Turkey Serbia Paraguay Nigeria Netherlands Montenegro Moldova Macedonia Luxembourg Kosovo Korea Ecuador Bosnia-Herzegovina Albania Slovenia Slovakia Romania Portugal Poland Lithuania Hungary Greece Ghana Germany France Croatia Cameroon Belgium Austria Dominican Republic Côte d’Ivoir Czech Republic Burkina Faso

ith OperationalText andImageLevySystems

e

e thelevysystemhasnotyetbeenimplemented

110 110 110 109 109 108 108 106 106 106 106 105 105 105 104 104 100 113 104 42 26 96 92 90 85 83 80 76 74 66 64 60 58 56 54 49 42 42 42 International Survey on Text and Image Copyright Levies 2016 Edition3 19 25 24

1m Equipment and >€0.6m collectors (>€1m Equipment and top from euros) Collections (in million Operator) Per Capita collection How the levy is utilized

Figure 3: Figure Figure 1: Figure 2: Figure Figures 4 International Survey on Text and Image Copyright Levies 2016 Edition Table 7: Table 6: Table 5: Table 4: Table 3: Table 2: Table 1: Tables Table 18: Table 17: Table 16: Table 15: Table 14: Table 13: Table 12: Table 11: Table 10: Table 9: Table 8:

Countries withTIlevies million euros 2014and/or2015 Operator feehistoricalanalysis:eightyeartrends forRROswithcollectionsover0.6 collections over€1million2012(figures in€ Equipment levycollectionshistoricalanalysis:8yeartrends: RROswith TI levycollections2014 of domesticincome Administrative chargesandsocialculturaldeductionsasapercentage Types ofdistributionschemes How distributionschemesare determined oftheequipmentlevy Visibility Operator feeTariffs AV privatecopyinglevies).Allfigures inEuros Tariff summaryfordevicesandmediasubjectonlytoTIlevies(notaudio How equipmentlevytariffs are set Locations covered byoperator fee Media subjecttobothaudio/audio-visualprivatecopyingleviesandTI Devices subjecttobothTIandA/AV privatecopyinglevies Devices andmediacapableofcopyingTIworksonly Exemption andrefund schemes (re deviceormedialevies) Liability topaydevice/mediumlevy Scope ofexceptionscovered bythelevy

million)

36 35 33 32 31 31 30 30 29 28 27 26 41 40 39 38 37 41 International Survey on Text and Image Copyright Levies 2016 Edition5 6 International Survey on Text and Image Copyright Levies 2016 Edition terms, rangingfrom 0.002euros percapitainBurkinaFasoandPortugalto2.18 euros inBelgium. levy, mainlyduetodevelopments in Germany. Thesurveyalsoanalyzesthe2015collectionsin per capita 4%, butshowadrop of16%in2015compared to2014.There hasbeengreater volatilityfortheequipment 2014, collectionshadbeen roughly constantfortheoperator feeduringthisperiod,varyingwithinabandof The surveyalsoanalyzesthe highestlevycollectionsbycountryfrom 2007to2015,concludingthat,until show onlyamodestupward trend. on devicessuchasprintersinGermany. Allowingforsuchdistortingfactors,thefigures forthelasteightyears that theincrease islargelyduetobackpaymentsfollowingtheclarificationofliability fortheequipmentlevy the 2015figure showsasubstantialincrease ofover100%onthetotalfor2014,itshouldbeappreciated euros (96%)resulted from theequipmentlevyand14.5millioneuros (4.5%)from theoperatorfee.While levy collections amounted to approximately 359 million euros worldwide in 2015. Approximately 345 million levy andoperatorfeeaswell2015collections,making extensiveuseofcomparativetables.ItshowsthatTI devices ormediaare levied,whichlocationsare subjecttoanoperatorfee,tariffs forboththeequipment The third survey updates the data in thefirst two surveys forall operational TIschemes, examining which Germany, VOGEL)levels. exceptions orlimitationsarisingfrom rulingsatboththeEU(REPROBEL)andnational( the issueofwhetherpublisherscanshare incompensationorremuneration schemesrelating tocopyright The survey, likeitspredecessors, highlightsanumberofissuesrelating toTIleviesincluding,inparticular, first suchsysteminanAsiancountry. delivered sincethe2015Survey. Additionally, legislationiscurrently proposed inKorea thatwillestablishthe on TIlevies,andsummarizes10recent CJEUdecisionsclarifyingthoseprovisions, includingthree judgements and seven non-EU European countries. The survey presents the provisions of the 2001 EUCopyright Directive scheme isnotyetoperationalin15ofthem.Today, TIleviesexistin16European Union(EU)MemberStates According tothesurvey, 33countriescurrently havelegislationsthatprovide forTIlevies,althoughthelevy of theprivatecopyinglevy, whichisnormallycollectedbyadifferent CMO. in somecountries,RROsalsoreceive ashare ofthemoneyforcopyingtextandimageworksaspart distributed toauthorsandpublisherseitherdirectly orthrough otherrepresentative organizations.However, Organizations (RROs)andCollectiveManagement(CMOs)inthetextimagesector, and or stand-alone printers. The levy on such devices or media is normally collected by Reproduction Rights either aloneorinconjunctionwithotherdevicesmedia,suchascopiers,scannersandmultifunctional The equipment levy applies primarily to devices or media that can be used to copy text and image works only, scale operatorsorproviders ofcopyingdevices,suchascopyshopsorpubliclibraries. countries, theequipmentlevyissupplementedbyan‘operatorfee’,whichaperiodicalfeepaidlarge- by theend-user.This feeisnormallypasseddownthechainofsupplysothatitultimatelyborne Inmany levy, paid by the manufacturers or importers of devices or media that can be used to make such copies. uses bynaturalpersons(e.g.professional use). Theleviesconsistprimarily of afee,knownastheequipment usebylegalpersonssuchascompaniesoreducationalinstitutionsandtootherthanprivate own orinternal by naturalpersons,liketheprivatecopyinglevy, butoftenalso extend,unliketheprivatecopyinglevy, to exclusive rightofreproduction incopyright law. Theseexceptions orlimitations normally includeprivateuse TI leviesare copyrightfees paidfortheuseoftextandimageworksunderexceptionsorlimitationsto IFRRO membersandtheSecretariat. Themethodologyandscopeare unchanged. members, collatedandpresented byPaulGreenwood, aconsultant,withtheassistanceofrepresentatives of from audioandaudio-visual privatecopyinglevies.Aswiththefirsttwosurveys,itusesdatafrom IFRRO legal access to copyright material. The Survey also shows how and why text and image (TI) levies are different analyzes theorigins,scopeandcurrent useoftheseleviesaround theworld,andtheirrole inensuringeasy Organizations (IFRRO).Itbuildsonandupdatesthefirsttwosurveyspublishedin20142015, Intellectual PropertyFederationofReprographic Organization (WIPO)andtheInternational Rights This is the third Survey of Text ‘International and Image Copyright Levies’, jointly published by the World EXECUTIVE SUMMARY 1

This doesnotinclude theGermanfigure of 3.50euros perpersonfor the reason already alludedto. Bundesgerichtshof 1 International Survey on Text and Image Copyright Levies 2016 Edition7 RROs, along with other players on the national and international level, are constantly striving to improve the striving to improve constantly and international on the national with other players RROs, along level, are enable will that developments and facts the of some provide to seek surveys IFRRO-WIPO systems. levy TI for of authors and publishers of fair remuneration of TI levies and their place in a system informed discussion copyright. under exceptions or limitations to the use of their works 8 International Survey on Text and Image Copyright Levies 2016 Edition • • for aprivatecopyinglevyondevicesandmedia(Seecountryreport onpage107). and more are currently consideringtheiradoption.ItshouldbenotedthatdraftlegislationinKorea provides number ofcountriesoutsidetheEU,especiallyinSouthAmericaandAfrica,haveadoptedTIlevysystems, attendant jurisprudence,havedevelopedlargelywithintheEUmemberstates.Nevertheless,anincreasing of thesecountriesare inEurope, with16beingmembersoftheEuropean Union(EU).TIlevysystems,andthe Currently, the legislation in 33 countries worldwide provides for a TI levy system (30 in 2015). Some 23 (21) to educateandinformthepublic,whichconstitutesusercommunityinmanylevycountries. policyand,perhaps andaboveall,inhelping various countriesandorganizations,indevelopinggovernment useful innegotiationsonleviesbetweenrightholderorganizationsandtheTIindustry, inworkonlevies not yetbeenimplementedordoesworkaswellinothercountries.Itishopedthatallsurveyswillbe the TIlevysystemisinneedofimprovement, eitheringeneralorspecificcountrieswhere thesystemhas information on TIlevies. It addresses themany misconceptions about such levies and identifies areas where of thework.Thisandprevious surveysare intendedtobeacomprehensive andauthoritativesource of by bothnaturalandlegal persons, whichispermitted under legalexceptions to therightofreproduction still imagesforprivateuse,butalso,andmore importantly, arangeofcopyingforvariousspecifiedpurposes Text use(TIlevies)cover, andimageleviesoncopyingforprivateown/internal notonlycopyingoftextand analysis, whichwouldbebeyondtheintendedscope. intended toinformthereader ofcurrent issuesrelating toTIleviesratherthanprovide acompletelegal of detaileddatainacomparativeformat.Thecommentaryonlegislationandcourtjudgementsismerely As withthetwoprevious surveys, themostimportantandlengthypartofsurveyispresentation The mainchangessincethelastsurveyare summarizedinsection1.2. • published byWIPOandIFRROinMay2014December2015.Itincludes,particular: SurveyofTextThis surveysupplementsandupdatesthe‘International andImageCopyrightLevies’jointly 1.1 1. • The mainchangessincethelastreport are: 1.2 • •

years inGermany(seepage 67). approximately 179millioneuros. However, thisisduetotheinclusionofsubstantialpayments from previous important for TI levies on a number of issues; important forTIleviesonanumberofissues; summarized. TheREPROBELjudgement,publishedshortly before publicationofthe lastsurvey, isespecially The reader shouldrefer tothefirsttwosurveysformore detaileddiscussion. surveys. Somecommentarycontainedinthefirsttwosurveysisalsoincluded,butabbreviated form. Commentary ondevelopmentsinlegislationandcourtproceedings sincepublicationofthefirsttwo The An Four of thelastsurvey Data oncollections,distributionsandtariffs for2015,whichwasnotavailableatthetimeofpublication The – isexplainedandanalyzed; important new issue, namely - “Challenges to the right of publishers to participate in levy remuneration” Introduction GENERAL ANALYSIS Main changessincelastsurvey total collectionfigure fortheequipmentlevyof359,475 millioneuros iswellabove the2014figureof data inthecountryreports andtablesforoperationallevyschemesnowincludes 2015 data; important recent judgementsoftheCJEU,inREPROBEL,AMAZON2,EGEDA and SIAEcasesare International Survey on Text and Image Copyright Levies 2016 Edition9 below). 2 Austria, Belgium, Burkina Faso, Cameroon, Croatia, Czech Republic, Germany, Greece, Hungary, Lithuania, Greece, Hungary, Austria, Belgium, Burkina Faso, Cameroon, Croatia, Czech Republic, Germany, Poland, Portugal, Romania, Slovakia, Slovenia Poland, Slovakia, Slovenia Austria, Belgium, Burkina Faso, Cameroon, Croatia, Germany, Greece, Poland, Romania, Slovakia, Slovenia Austria, Belgium, Burkina Faso, Cameroon, Croatia, Germany, Poland, Romania, Slovakia, Slovenia Hungary, Austria, Burkina Faso, Czech Republic, Germany, Lithuania, Hungary, Greece, (NYI), Ghana Germany, Republic, Czech Croatia, Faso, Burkina Belgium, Austria, Poland, Romania, Slovakia, Slovenia Greece, Poland, Romania Features of text and image levies of text and Features Equipment levies

However, such exceptions have a negative effect on the commercial exploitation of works, for which the exploitation on the commercial such exceptions have a negative effect However, equitable remuneration. rightholders should receive Certain exceptions to the reproduction right may be justified: firstly, because they serve a social need; because justified: firstly, right may be Certain exceptions to the reproduction least at sphere, private the in right reproduction the enforce to possible not is it because secondly, and, into that sphere. without an unacceptable level of intrusion

MF (multi- function) machines Copy paper Fax machines Scanners Printers Copiers Note on abbreviations used in Figures used in Figures Note on abbreviations

NYI= levy in law but not yet implemented 2 At the same time, the tariff on each type of device or media varies from country to country (See table 10). country to country on each type of device or media varies from At the same time, the tariff 2012, with only slight changes in some countries, except for unchanged from are In most cases, the tariffs set in June 2015 (Section 3(1)(14). These enabled substantial were new tariffs comprehensive Portugal, where previously. collections to be made for the equipment levy which could not be implemented • The central idea of the levy system is that, where national law permits copies to be made from copyright- permits copies to be made from national law the levy system is that, where The central idea of fair receive should rightholders the rightholders, the of authorization the without works protected can be used to or are on devices or media which in the form of a fee or levy compensation or remuneration manufacturers by the instance first the in paid is The levy their behalf. on CMO to a paid copies, such make of supply so that market, and passed down the chain or media placed on the national or importers of devices either rightholders, the to collected money the distribute CMOs The borne ultimately is it end-user. the by rationale for the levy system is as follows: or via their member organizations. The directly 1.3.1 securing compensation or a means of surveys, TI levies are in the previous detail As set out in greater works, copying of their copyright-protected (authors and/or publishers) for for the rightholders remuneration in national legislation. exists reproduction or limitation to the exclusive right of an exception in cases where 1.3 Countries with operational levy schemes: Devices and media capable of copying TI works only Countries with operational levy schemes: Today there are many devices (multifunctional reproduction devices, printers, scanners, faxes, USB sticks, devices, printers, scanners, many devices (multifunctional reproduction are there Today or from either on copying, of such capable are that etc.) phones tablets, mobile PCs, disks, externalhard alone or in conjunction with other devices or media. This has and either analog or digital media or sources, courts pertaining to the devices and both in national and European led to a large number of legal disputes the legislation. As a result, to levies under national and/or European media that should or can be subject country to country. at any given time have varied considerably from devices and media subject to the TI levy summary in the chart 5 (Also see the position is set out in section 2, Table The current Most, if not all, countries have found that the practical way of collecting such levies is via the manufacturers manufacturers the is via levies such collecting way of the practical that have found countries all, if not Most, media that can be used for copying. and importers of devices and storage • 10 International Survey on Text and Image Copyright Levies 2016 Edition operator fee. A third area of variation between TI levy schemes is that often the equipment levy is supplemented by an 1.3.2 3 in thechartbelow. shops only in Poland toa wide range of locations in Belgium and the Czech Republic. Also, see the summary Table 8showsthat,inthose12countries,theapplicationofoperatorfeevariesconsiderably, from copy to reflect thefactthatpaymentisaperiodical feeandtoavoidconfusion withtheequipmentlevy. Countries withTIlevies equipment levy. Also,seethesummaryinchartbelow. Table 1showsthat,ofthe17countrieswithoperationallevyschemes,12haveanoperatorfeeaswell sectors, whilethePolishoperatorfeeisconfinedtocopyshops. the Germanoperatorfeeexcludesbusinessandpublicadministration,Belgianincludesthese Even withoperatorfees,there are variationsastowhichoperatorsshouldpaythefee.Forexample,while copying devices.Inmanyways,theoperatorfeeresembles the‘sitelicense’ofvoluntarylicensingschemes. proportional tothenumber ofcopiesmade,paidtoauthorsandpublishersviaRROsby‘large-scaleusers’ ‘equipment levy’andinthissurveythattermwillbeusedtodenoteTIleviesonbothdevicesmedia. there isconsiderablevariation from countrytocountry. TheTIlevyondeviceswashistorically known asthe can audio and audio-visual works. This has resulted in TI levies applying to both devices and media, although hardblu-ray discs,PCs,tablets,USBsticks,memorycards,orexternal drives,smartphones,etc.)as internal this situationhaschangedandtodaytextimagescanbecopiedonvarioustypesofmedia(CD,DVD, storage mediumequivalenttothevideooraudiocassetteinaudio-visualsphere. Overthecourseoftime, When TIlevieswere firstintroduced, theywere confinedtodevicessuchasphotocopiers, sincethere wasno

This canalsobereferred toasanoperator levy, asinthe 2014report, buttheexpression ‘operatorfee’isconsidered preferable, both Levy onTIdevices Operator fee Levy onA/AV +TImediawithshare Levy onTImedia Levy onA/AV +TIdeviceswithshare

Operator fees fees Operator 3 Operator fees,likeequipmentlevies,varyconsiderably. Theoperator feeisaflator (NYI), Slovakia,Slovenia Luxembourg (NS),Moldova(NYI),MontenegroPoland,Portugal,Serbia (NYI), Croatia,CzechRepublic,Germany, Hungary, Kosovo(NYI),Lithuania, Austria, Belgium,BosniaHerzegovina(NYI),BurkinaFaso,Côted’Ivoire (NYI) Lithuania, Netherlands(NYI),NigeriaParaguaySlovakia,Turkey Belgium CzechRepublic,DominicanRepublic(NYI),France,Germany, Ghana, Serbia Bosnia Herzegovina,Greece,Luxembourg(NS),Nigeria,Poland,Romania, Kosovo (NYI),Lithuania,NetherlandsNigeria,ParaguaySlovakia Belgium, CzechRepublic,DominicanRepublic(NYI),France,Germany, Ghana, Serbia (NYI),Slovakia,Slovenia,Turkey (NYI) Montenegro (NYI),NigeriaParaguayPoland,Portugal,Romania, Kosovo (NYI),Lithuania,LuxembourgMacedoniaMoldova Republic (NYI),EcuadorGermany, Ghana(NYI),Greece,Hungary, Faso, Cameroon,Côted’Ivoire(NYI),Croatia,CzechRepublic,Dominican Albania (NYI),Algeria,Austria,Belgium,BosniaHerzegovinaBurkina International Survey on Text and

Image Copyright Levies 2016 Edition11 Austria, Belgium, Croatia, Czech Republic, Germany, Greece, Hungary, Lithuania, Poland, Portugal, Greece, Hungary, Czech Republic, Germany, Austria, Belgium, Croatia, Slovakia, Slovenia Portugal (sold copies), Slovakia Lithuania, Hungary, Republic, Germany, Austria, Belgium, Czech Portugal (sold copies), Slovakia Lithuania, Hungary, Republic, Germany, Austria, Belgium, Czech Belgium, Czech Republic, Lithuania Belgium, Czech Republic, Portugal, Slovakia, Slovenia Lithuania, Hungary, Republic, Germany, Austria, Belgium, Czech shows the type of levies applied in all countries with TI levies, including where such all countries with TI levies, including where 27 shows the type of levies applied in Overview by continent Methodology and Scope Tariffs

Copy shops Schools Higher education institutions Public administration Businesses Libraries TI levies currently exist in 16 EU Member States out of a total of 28, and seven non-EU states. TI levies currently 1.5 Europe While the compilers of this survey have taken every to ensure the accuracy of the data contained in it, care any mistakes or inaccuracies. neither they nor the publishers can accept any responsibility or liability for We are indebted to IFRRO members in countries with levy schemes for their assistance in identifying the latest indebted to IFRRO members in countries with levy schemes for their assistance in identifying are We governing and decrees levies. legislation, regulations In many of the country by country reports, English translations of extracts from laws, decrees and regulations and regulations laws, decrees English translations of extracts from In many of the country by country reports, internationalof collection WIPO the from originate translations these Most of the text. in been included have the from originates the translation in others while been used, have translations unofficial cases, In some laws. copyright authority of the country concerned. The data from IFRRO members and other sources was collected and compiled by an independent consultant, was IFRRO members and other sources The data from with the invaluable formerly the international manager of VG WORT in Germany, affairs Paul Greenwood, Mr. Kurt Van and Mr. Robert Staats, joint CEO of VG WORT, consisting of Dr. group assistance of a reference and General Counsel of REPROBEL, Belgium, as well as the IFRRO Damme, the Deputy Managing Director Secretariat. IFRRO has for many years regularly collected data from its members about all aspects of their work, including work, their of aspects all about members its from data collected regularly years many for has IFRRO the of this data has been made publicly available, for example, through the administration of TI levies. Some about IFRRO members made available on the organization’s and the information annual Members’ Directory the international available through surveys Since 2014 this information is made website, www.ifrro.org. in collaboration between WIPO and IFRRO. prepared 1.4 surveys. and methodology as the previous survey on TI levies has the same scope This third levies are provided for in the country’s legislation but the system has not yet been implemented. legislation but the system has not for in the country’s provided levies are Table 1 on page Table 1.3.3 which subject to the levy, devices and media are not only as to which TI levy systems vary by country, operator fee, but also in the a supplementary is the levies, and whether or not there to linked are exceptions device or media, or operators (See tables 10 that apply to the same types of and the tariffs structure tariff and 11). Locations covered by operator fee in operational systems fee in operational covered by operator Locations 12 International Survey on Text and Image Copyright Levies 2016 Edition • • • • • only operationalinAlgeria,BurkinaFaso,Cameroon andGhana. TI levyschemesexistinAlgeria,BurkinaFaso,Cameroon, Côted’Ivoire, GhanaandNigeria.Theyare currently Africa 1998, 1999and2000respectively. Republic, althoughtheyare notyetoperational.Thecopyrightlegislationproviding forthemwaspassedin Caribbean the and There are nochangessincethelastreport. TIlevyschemesexistinParaguay, EcuadorandtheDominican America South There are noTIlevyschemes America North • orimpactontheTIfieldinclude: rulings thatconcern and confirmedtheinterpretation ofthedirectivelevies.Recentlandmark onsomekeyissuesconcerning Copyright Directive, totheCourtofJustice of theEuropean Union (CJEU). Ultimately, the CJEU hasclarified in somecases,thenationalcourtshavereferred theinterpretation specificissues,usuallyconcerning ofthe national courtsatalllevels(becausebothpartieshaveregarded issuesofprincipleasbeingatstake),but leviesinrecentof litigationconcerning years.Notonlyhavemanycasesbeenbrought before therelevant the impactofCopyrightDirective onTIleviesisgiveninthenextsection.There hasbeenagreat deal adopt certain exceptions, they must also provide for ‘fair compensation’ for the rightholders. An analysis of the reproduction rightthatunderpinlevies.TheCopyrightDirective alsoprovides thatifmemberstates which memberstatesmayadoptintheirnationallegislation,iftheysodesire. Theseincludeexceptionsto levy systems,sinceitprescribes theexceptionstoexclusiverightsofreproduction andmakingavailable, until 2001(Directive EC2001/29–the‘CopyrightDirective’). TheCopyrightDirective impactsdirectly onTI the European Parliament and Council of Ministers. There was no overarching directive copyright concerning systems. EUmemberstatesmustcomplywithlegislativeinstruments–directives, regulations etc.–adoptedby Although TIleviesdoexistincountriesoutsidetheEU,EUisbothcradleandheartlandoflevy 1.6 As previously noted,aTIlevy schemeisproposed inKorea. Australasia and Asia device/media; (b)evenwhere themobile phone inquestionmaybeused exclusivelyforbusinesspurposes; media suchasmemorycards inmobilephones,even thoughcopyingisnotthemainfunctionof Copydan BandkopivNokia: ‘Copydan’(C-463/12,5/3/15):leviescanbeapplied: (a) onmultifunctional that source isunlawful. between asituationinwhich reproduction forprivateuseismadefrom alawfulsource, andoneinwhich ACI Adam(C-435/12,10/4/2014):EUlawprecludes nationallegislationthatfails tomakeadistinction border salesthelevyisstillpayableinimportingstateevenifawaspaid in theexportingstate. use offaircompensationforsocialandculturalpurposes/indirect compensation of theauthor;incross- in accordance with EU law given an effective and non-onerous system of reimbursement; legitimacy of Austra-Mechana/Amazon: ‘Amazon 1’(C521/11,judgement11/7/2013):generalprivatecopyinglevyis devices (printers,PCsetc.);righttocompensationindependent ofexpress orimplied consenttocopying. (C457/11toC-460/11,27/6/2013): scopeofarticle5(2)(a);faircompensationonachain VG WORT are effective. cross-border sales/onlinevendors:obligationonmemberstatestoensure thatcompensationschemes Opus/de Thuiskopie:‘Opus’(C462/09,16/6/2011):collectionoffaircompensation(article5(2)(b)); harm asanautonomousconceptunderEUlaw;potentialharm. Padawan (C467/08,21/10/2010):assessmentoffaircompensation(article5(2)(b);professional use; EU developments concerning textandimagelevysystems EU developmentsconcerning International Survey on Text and

Image Copyright Levies 2016 Edition13 The equipment levy tariff cannot exclusively be based on the reproduction capacity (i.e. the maximum (i.e. capacity based on the reproduction be cannot exclusively levy tariff The equipment as a rule, be instituted if the end-user can be identified; speed) of the device, and should not, on whether or not the operator cooperated in the collection The operator fee should not be based of the fee; for the benefit of payers of the operator if the scheme should be instituted A reimbursement which compensates potential harm, and an operator fee, which combination of an equipment levy, (vis-à-vis field the in rightholders of overcompensation to lead would harm, actual compensates certain categories of users). A dual levy system consisting of an equipment levy on reproduction devices (such as copiers and copiers as (such devices reproduction on levy equipment an of consisting system levy dual A import of the device on the national territory and of an upon multifunctional devices) to be paid upfront by entities that put such devices at the disposal of end users for operator fee to be paid “post factum” However: at variance with EU law. of copyright works, is not, in principle, making reproductions Publishers are not rightholders in the sense of articles 5.2.a and b. Consequently, a national compensation 5.2.a and b. Consequently, not rightholders in the sense of articles Publishers are fair compensation to publishers runs counter to EU law when scheme that allocates part of the authors’ (for share their from directly, even benefit, authors the make to obligation legal no under are publishers 1(11)(8) “Challenges to the right of publishers to participate further comment and analysis see Section in remuneration”) When providing for fair compensation, a remuneration scheme for reprography should take into account should take scheme for reprography a remuneration for fair compensation, When providing not- are and which personal use their persons for natural made by reproductions between the difference for their internal made by legal entities use and reproductions (i.e. reproductions and all other for-profit, for other uses or purposes); by natural persons an illegal from sheet music and reproductions of reproductions Such a scheme cannot compensate made outside the scope of the underpinning exception or reproductions generally, more (or, source limitation to copyright); EGEDA and others v Administración del Estado C:470/14 judgement 9 June 2016 (“EGEDA”) EGEDA and others v Administración del Estado C:470/14 judgement 9 June • • • Reprobel v. HP ‘REPROBEL’ (C-572/13): HP ‘REPROBEL’ v. Reprobel and (c) where the rightholders have authorized the copying covered by an exception, including against against including exception, by an covered the copying authorized have the rightholders (c) where and an illegal source from no fair compensation is payable for copying (d) fee. However, payment of a license − − − − The CJEU held that a scheme providing for fair compensation for private copying, which is financed by the by financed is which copying, private for compensation fair for providing scheme a that held CJEU The borneis compensation of cost the that users the by ensure to possible not is it that way a such in budget State Until 2011 both AV and TI levy schemes existed in Spain. In 2012 the Spanish government and TI levy schemes existed in Spain. In 2012 the introduced Until 2011 both AV the General from levies would thenceforth be financed whereby legislation, supported by a Royal Decree, or importers of devices, who then passed the cost State Budget rather than being paid by manufacturers amount of fair compensation was on to end users, as in conventional levy schemes. Under this scheme the and the total proposed each year, to be set by the government available in taking into account the revenue years. Legal well below the levels payable under the conventional levy schemes in previous payments were other CMOs, started by EGEDA, a CMO administering the audio-visual levy and various were proceedings for a preliminary the case to the CJEU challenging the legality of this legislation. The Spanish courts referred with article 5(2)(b) of the Directive. in accordance ruling as to whether such schemes were • for information on the repercussions of the ruling in Belgium. page 50 for information on the repercussions See Belgium country report, The Reprobel case was pleaded on the merits before the Court of Appeal of Brussels in October 2016. The the Court of Appeal of Brussels in October case was pleaded on the merits before The Reprobel be It should survey. of the current ruling of the national court was not available at the time of compilation pending at and importers or online vendors are noted that several other national lawsuits between Reprobel first instance and appeals levels. − − − − In November 2015, the CJEU ruled, in essence, that: In November 2015, • The most important recent judgements of the CJEU have been delivered in: judgements of the CJEU have been delivered recent The most important 14 International Survey on Text and Image Copyright Levies 2016 Edition TI levies,ratherthanpresent adetailedorauthoritative accountofsuchissues. preceding sectionandintheonliabilityissues. Ourpurposeismerely to sketch theissuesrelevant to relating to TI levies in the last few years. However, some of the most important cases are mentioned in the As in previous surveys, it is beyond the scope of this survey to give a detailed account of all CJEU decisions taken intoaccount,otherwisethecomparisonwouldbe skewed. for agivendeviceormedium,thetypeandextentofcopying whichthelevyissupposedtocoverhasbe copyingthatispaidforbythelevy.specific typeofownuseorinternal Consequently, whencomparingtariffs copying and/or copying for educationalpurposes. Thereand ownuse/internal are alsovariations in the medium (article5(2)(a)and(b),orboth.Otherschemes, forexampleinGermanyandBelgium,coverprivate schemes maybeconfinedtoprivatecopying,eitheron anymedium(article5.2.b),oronpaperasimilar As previously explained,theexceptionstoreproduction rightlinkedtoTIleviesvaryconsiderably. Some 1.7 and REPROBELdirectlyarticle5(2)(a)oftheEU Directive. concern Therest directlyarticle5(2)(b) concern that thisveryrecent judgementwouldhaveforTIschemes.Ofthecasesmentionedabove,onlyVGWORT Note thattheSIAEcasedirectlyprivatecopyingandfurtheranalysisisneededonimplications concerns only bythefinaluserofthosedevicesormedia”. other hand,provides thatthereimbursement ofsuchalevy, whenithasbeenundulypaid,mayberequested interests ofauthorsworks,andthoseliabletopaycompensation,ortheirtradeassociations,and,onthe the conclusion of agreements between an entity which has a legal monopoly on the representation of the for producers and importers of devices and media intended for use clearly unrelated to private copying to national legislation…which,ontheonehand,subjectsexemptionfrom paymentoftheprivatecopyinglevy with entitlementtoarefund forfinalusersonly. ThecourtheldthatEUlaw“mustbeinterpreted asprecluding importers ofdevices“intendedforuseclearlyunrelated toprivatecopying”onacontractualbasiscombined the A/AV privatecopyinglevy. Thatschemeoffered ex-anteexemptionfrom thelevytomanufacturers and thelevyexemptionandrefundThis caseconcerned schemeoperatedbytheItalianCMO,SIAE,inrelation to Thuiskopie (page14)andAmazon/Austro MechanaI,(page14). the foreign suppliershallpaythelevychargedbycountryofconsumer(see,amongothers,Opusde the faircompensation.Thisdecisionunderpinsprevious decisionstotheeffect thatinthecaseofonlinesales is indeedatort,andthatAustro-Mechana wastherefore entitledtosueAmazoninAustriaforpaymentof the failure ofAmazontopayfaircompensationunderAustrianlawpotentiallyharmedtherightholdersand State, besuedinthecourtsofplacewhere theharmfuleventoccurred ormayoccur”.Thecourtheldthat matters relating totort,delict orquasi-delictapersondomiciledinMemberStatemay, inanotherMember a contractualobligation,underArticle5(3)ofCouncilRegulation(EC)44/2001,whichprovides that“in the AustrianprivatecopyinglevytoAustro-Mechana constituteda“tort,delictorquasi-delict”ratherthan to usersinAustriathrough onlineorders. Thequestionatissuewaswhetherthefailure ofAmazontopay is anonlinesupplierbasedinGermanyandLuxembourg,whosebusinessincludessupplyingrecording media Austro-Mechana isanAustrian collectingsocietyadministeringtheAustrianAV privatecopyinglevy. Amazon purposes ofdataanalysisinthisandprevious surveys,Spanishlevyschemeshavenotbeenincluded. compensation systemforprivatecopyingwillhavetobereviewed, mostlikelyfrom 2012onwards. Forthe of 2012establishingthestate-fundingschemetobevoidandinapplicable.ItfollowsthatSpanish In November2016,asaresult oftheCJEUjudgement,SpanishSupreme Courtdeclared theRoyalDecree ultimatelyandsolelybyusersofprivatecopies. the costoffaircompensationtobeborne though theyare notthelegal personsultimatelyliabletopayit.Foraschemebepermitted,itmustenable a schemewhereby themanufacturers orimportersofdevicesare liabletofinance thefaircompensationeven not ruled out as such. It confirmed, basedon previous CJEU case law, that Member Statesare free to establish of privatecopies,iscontrarytoEUlaw. However, paymentofsaidcompensationfrom thestatebudgetwas

• • Legal background oftextandimagelevies Nokia ItaliavSIAEC110/1522September2016(SIAE) Austro-Mechana vAmazon C-572/14judgement17February2016(Amazon2) International Survey on Text and

Image Copyright Levies 2016 Edition15 , and in some cases the tariffs themselves, , and in some cases the tariffs TI levy countries , the copyright law only states the general principles for Albania (NYI), Austria, Belgium, Bosnia Herzegovina (NYI), Burkina Faso, Côte d’Ivoire (NYI, NS), (NYI), Burkina Faso, Albania (NYI), Austria, Belgium, Bosnia Herzegovina Moldova (NYI), Macedonia (NYI), (NYI, NS), Germany, Croatia, Czech Republic, Dominican Republic Slovakia, Slovenia Montenegro (NYI), Nigeria (NYI, NS), Portugal, Cameroon, Côte Herzegovina (NYI), Burkina Faso, Albania (NYI), Algeria, Austria, Belgium, Bosnia Dominican Republic (NYI), Ecuador (NYI), France, d’Ivoire (NYI, NS), Croatia, Czech Republic, (NYI), Lithuania, Luxembourg (NYI), Moldova (NYI), Kosovo Ghana, Greece, Hungary, Germany, (NYI, NS), Paraguay (NYI), Poland, Portugal, Romania, Montenegro (NYI), Netherlands (NYI), Nigeria (NYI) Serbia (NYI), Slovakia, Slovenia, Turkey Montenegro (NYI), Nigeria (NYI, NS) Austria, Belgium, Burkina Faso, Germany, e there is provision in the law for a levy system, but which has not yet been implemented provision is e there Tariff Setting Tariff Practical implementation of text and image levies Practical implementation of text and How Tariffs Are Set Levy coverage

In most cases wher In some countries, the devices and media subject to the levy In some countries, for example Germany (see Table 1), State regulations or decrees defining devices and media liable to the levy as well as the or decrees 1), State regulations (see Table have not yet been issued. applicable tariffs are established by secondary legislation or regulations, with the underpinning copyright legislation only with the underpinning copyright legislation by secondary legislation or regulations, established are stating some general principles. determining whether a device or medium is liable to the levy and, if so, the tariff that should apply. that should apply. tariff determining whether a device or medium is liable to the levy and, if so, the The RRO administering the levy must be able to obtain data on the entry of devices and media into the The RRO administering the levy must be able to obtain data on the entry The extent to which to identify and invoice the entities liable to pay the levy. national market, in order for this mechanism varies. national laws sufficiently provide A suitable and duly authorized reproduction rights organization (RRO) to administer the system. rights organization A suitable and duly authorized reproduction levy, the to subject media or devices the both levy, the collect to RRO authorized duly a is there Where methods collection can begin. The different to be applied, must be clearly defined before and the tariff in the next section. presented for achieving this are

Levy covers own use/ internal copying Levy covers TI private copying Levy covers educational copying Scope of exceptions covered by the levy Scope of exceptions Section 2, Table 2 summarizes the exceptions covered by levies in the various countries that use them. Also, by levies in the various countries covered 2 summarizes the exceptions Section 2, Table the chart below. see the summary in EU member states are therefore free – within the boundaries set by the CJEU - under the 2001 Copyright under the 2001 Copyright set by the CJEU - the boundaries – within free therefore states are EU member the rightholders receive provided article 5(2)(a) and/or article 5(2)(b), exceptions within to introduce Directive its exact compensation should be paid, or does not specify how such fair The Directive ‘fair compensation’. legitimate a be can schemes levy that cases other and Padawan in confirmed has CJEU the although amount, way of doing so. (c) (b) Tariffs are set through the following approaches: set through are Tariffs (a) The main points on tariff-setting are summarized below. For more details, please see the previous surveys. details, please see the previous For more summarized below. are The main points on tariff-setting 1.9 1.9.1 3. 1. 2. Assuming the copyright law of a country provides for a TI levy, there are a number of factors that can facilitate a number of are there for a TI levy, provides Assuming the copyright law of a country and whose absence may hinder its development. These are: the practical implementation of the system, Table 8 summarizes the institutions and bodies liable to the operator fees, where applicable. the operator fees, where 8 summarizes the institutions and bodies liable to Table 1.8 16 International Survey on Text and Image Copyright Levies 2016 Edition technology, andaspeed-basedlevy foranother).ThisisthecaseinbothAustriaandGermany. combination of tariff types differently applied to specific device or media types (e.g. aflat levy for agiven A nationalequipmentlevy could bebasedonjustoneofthetypestariffs above,butcouldalsobea How equipmentlevytariffsareset(operationalschemes) (d) 4. 3. 2. 1. There are fourtypesoftariff fortheequipmentlevy(seeTable 10): 1.9.3 6. 5. 4. 3. 2. 1. The followingprincipleshavebeenendorsedbytheCJEUinPadawanandotherrecent judgements: 1.9.2 commission Tariffs setbytribunal/ courts Tariffs setbynegotiation/ decree Tariffs setbyregulationor Tariffs setbylaw

The onlywaytomeasure actualuseofdevicesandmediaisbyconductingstatisticalsurveys. or mediatocopytextandimageworks. Tariffs fortheequipmentlevyonotherhandshouldbebasedactualuseoftypedevice thereof. Leviability ofdevicesandmediaunderanequipmentlevyschemeshouldbebasedonthepotentialuse national territory(assessedonthebasisofastatisticalsurvey). Fair compensationshouldtakeintoaccountthevolumeofreproductions ofcopyrightworkswithinthe a result ofthecopyingorfrom theircopyrightworks. The levyschemeshouldprovide forfaircompensation,interalia,theharmsuffered byrightholdersas example, alldevicesleviedin BurkinaFasoandprintersinAustria,aswellscanners inBelgium. way around (i.e.apercentage oftheretail pricebutwithaminimumand/ormaximumamount).For of thedevice/mediumbutwithapercentage oftheretail priceservingasacaponthelevy, ortheother The tariff is a combination of the above; forinstance, a fee thatvaries with the speedor another criterion are leviedinHungaryandRomania. The tariff isapercentage oftheimportorretail priceofthedeviceormedium.Forexample,alldevices Belgium. printers (all speeds) in Czech Republic; and most private copying devices / media (storage capacity) in type. Forexample,copiersandmultifunctionaldevices inBelgium;copiersAustriaandGermany; The tariff is a fee that varies with the objective, speed or storage capacity of devices/media of the same example, scannersinSlovenia,printersGermany, orCDsandDVDsinBelgium. The tariff is a flatfeeperunitfor alldevices/media ofthesametype(technology orfunction both).For All interested partiesshouldbeconsultedinthetariff-setting process. the variouscountriesthathavefunctioningTIlevyschemes.Alsoseesummaryinchartbelow. specified inthenationalcopyrightlaw(e.g.Greece). Table 9insection 2showshowtariffs are setin In somecountries,thedevicesandmediasubjecttolevy

Types of tariffs of Types tariffs of Level France Austria, Croatia,Germany, Belgium, BurkinaFaso,Cameroon,CzechRepublic,Ghana,Hungary, Poland,Portugal,Slovenia Czech Republic,Greece,Hungary, Lithuania,Poland,Romania,Slovakia , andeventhetariffs insome cases,are International Survey on Text and

Image Copyright Levies 2016 Edition17 30). Section 2, Liability and other issues pertaining to text and image levies Liability and other issues pertaining to Who is liable to pay the equipment levy? The Issue of double payment Use of statistical surveys

Fair tariffs for the operator fee are based on principles similar to those of the equipment levy, although the the equipment levy, on principles similar to those of based fee are for the operator Fair tariffs to the operator to the equipment levy than in relation more fair remuneration and tariffs CJEU has analyzed general rule). ruling being the exception to the fee (with the REPROBEL Section 2, table 9 summarizes how levy tariffs are set in countries with operational levy systems. Table 10 sets levy systems. Table with operational set in countries are how levy tariffs table 9 summarizes Section 2, in the various countries. types of device/media for different tariffs out the current Another issue that has arisen in recent years is the question of who should pay the equipment levy when Another issue that has arisen in recent The CJEU has held in the Opus ruling, retailers. sold, usually online, to consumers by foreign are products not the retailer, by the foreign Amazon 2, and other judgements that the levy in such situations is payable schemes on page domestic consumer (also see the discussion on exemption and refund In countries with an equipment levy, liability to pay is imposed on either the manufacturer or the importer. or the importer. liability to pay is imposed on either the manufacturer In countries with an equipment levy, or beyond the manufacturer In some countries, for example Germany and Slovakia, this liability extends enables RROs that unknown or fail to supply information. This is an important safeguard importer if they are to for the levy remuneration legislation in Spain provided recent However, the levy effectively. to administer by a number of brought the state budget, but this has been challenged in court proceedings be paid from summarized is 2016 9, June judgement its and CJEU the to referred was (“EGEDA”) case The CMOs. Spanish in section 1.6. above. 1.10.2 This reasoning was confirmed by the COPYDAN ruling, which further provided that there is no obligation for obligation no is there that provided further which ruling, COPYDAN the by confirmed was reasoning This by an exception. the user to pay a license fee for uses covered 3 summarizes the position in countries with TI levies Table In view of the VG WORT ruling, it is necessary to point out with each exception or limitation in national law, In view of the VG WORT is necessary to point out with each exception or limitation in national law, ruling, it by the existence of the untouched right has remained to which the exclusive reproduction the extent, if any, exception be analyzed on the basis of: (1) the scope of the relevant exception or limitation. The latter could explicitly of any ‘contractual override’ provision, or limitation; and (2) the existence, under national law, the exception over that, in some instances or for some usages, a contractual license may prevail providing or between compensation under an exception as a general rule, the relationship or limitation. However, says the either one or the other, on the basis of an exclusive right is binary: it’s limitation and remuneration can be no overlap between the two. CJEU, and in principle there It is argued that the results of statistical surveys underpinning tariffs should be reduced to take account of should be reduced underpinning tariffs of statistical surveys It is argued that the results would be paying twice for the same copies. licensed copies. Otherwise the consumer 1.10.1 A number of issues have emerged in debates on levies over the past few years. Most of them relate to in debates on levies over the past few years. Most of them relate A number of issues have emerged discussed in greater The issues listed below were ways. in different both private copying and TI levies, albeit of the right of publishers to participate in levy the issue However, detail in the 2014 and/or 2015 surveys. this survey. is discussed for the first time in remuneration 1.10 1.9.4 that the only way practical experience have confirmed section, both CJEU judgements and As noted in the last empirical surveys. These surveys is through equipment levy and the operator fee for both the to set fair tariffs in behavior is observed over a limited period ‘objective possibility of use’. Copying what is known as measure libraries, schools and higher education institutions, enterprises, State various locations, including copy shops, recorded and identified are sources copyright-protected on paper from Reproductions bodies, and more. books, fiction books, scientific journals, to either categories of works (non-fiction newspapers, etc.) according which can then be extrapolated to cover the whole territory or the or on a title-specific basis (sample surveys) and the TI field can be used not only for tariff-setting Such statistical surveys in the section thereof. relevant of distribution to rightholders. but also for the purpose negotiation of agreements, 18 International Survey on Text and Image Copyright Levies 2016 Edition this forthememberstates. by thesubordinate copying functionisminimal.TheCJEUdidnotdefinetheminimalharmthreshold, butleft state mayexcludemedia(ordevices)from thelevyifittakesviewthatharmtorightholderscaused phone memorycards, even ifcopyingisnotthemainfunctionorpurposeofsuchmedia.However, amember In theCOPYDANcase,courtheldthatalevymaybeimposedonmultifunctionalmedia,suchasmobile obtained bymeansofasingledevice’. provided thetotalremuneration paidisnot‘substantiallydifferent from theamountfixedfora reproduction judgementof2013,theCJEUheldthatitwaslegitimatetoapplyleviesalldevicesinchain, WORT a chainofdevicesand/ormediaisofteninvolvedintheprocess ofmakingadigitalorpapercopy. IntheVG The answertothisquestionwasobviouswhenphotocopierswere theonlycopyingmachines.Today, however, 1.10.3 been copied.Theinterests oftherightholdersare prejudiced bysuchillegalcopying.Thequestiontherefore outside the scope of national exceptions; for example, because more than a short fragment of a book has It isalsotruethatsomecopying isillegalinthesensethat,althoughsource maybelegal,thecopyingis 1.10.7 from anillegalsource mustnotbecovered bythelevy. The CJEUhasalready addressed thisissueinACIAdam,COPYDANandREPROBEL,concludingthatcopies paid, accountshouldbetakenofcopiesmadeinthisway. authorization). Thequestiontherefore ariseswhether, inassessing theamountoffaircompensationtobe works iscarriedoutfrom illegalsources (i.e.whatiscopiedhasbeenputthere withouttherightholder’s It isundoubtedlytrue,asshownbysurveysconducted byRROs,thatpartofthecopyingfrom protected 1.10.6 3. 2. 1. be excluded,sincetheywere subjectto‘professional use’,notprivateuse. other legalpersonsandbynatural(suchasindependentworkers)forthanprivateuse,should decided that if the levy covers only A/AV private copying, then devices used by companies, organizations and The CJEUPadawanrulingdirectly(Spanish)audioandaudio-visual (A/AV) concerned privatecopyinglevies. It 1.10.5 the 2015surveyforcommentsontheseprovisions. An overallcapof15millioneuros hasalsobeensetbynewlegislationinPortugal(seeSection3(1)(14).See ‘typical pricelevel’ofthestoragemediumordeviceconcerned. provide that the levy on storage media may not exceed 6%, and the device levy may not exceed 11%, of the the CopyrightDirective asinterpreted bytheCJEU,althoughtheygofurtherinsomecases.Inparticular, they The newdetailedcriteriafortariffs inAustria(seecountryreport) seemintendedtoreflect theprinciplesof possible (albeitimportant)criterion. be considered whenassessing faircompensation,andharmiscitedintheCopyrightDirective asonlyone countries theprocedure maybeslow., TheCopyrightDirective requires allthecircumstances ofthecaseto A goodprocedural framework fortariff-setting isintheinterest ofallaffected parties,thoughinsomelevy 1.10.4

copying (whetherpermittedbytheemployerornot). There isempiricalevidencethatemployeesusedevicesintheirplaceofworkforprivateorpersonal State bodies,institutionsandorganizations,copyingbynaturalpersonsforotherthanprivateuse. Many TIlevies(asalready notedinTable 2)expresslyorownusecopyingwithincompanies, includeinternal Apparently thedecisionhasonlylimitedapplicationtoTIleviessince:

On which devices or media can levies be applied? be levies can media or devices which On Illegal copies Illegal source illegal an from Copies use Professional process Tariff-setting International Survey on Text and

Image Copyright Levies 2016 Edition19 Impact on prices and sales of devices and media

Visibility of the levy The cross-border issue: Refunds and exemptions

Secondly, it is also advisable that the levy amount be clearly stated on any invoices relating to the product, to the product, that the levy amount be clearly stated on any invoices relating it is also advisable Secondly, Table 12 the consumer. of final invoicing to right down market on the national first offering the from to do so only in a minority of cases. is a legal requirement shows that there Firstly, it is important that those liable to pay a levy should be able to get information as to the levy it is important Firstly, types in the country concerned. obvious way to achieve this amount applicable to various product The underpinning legislation or is make the information available on the website of the RRO and/or in the practice for RROs. on their website is standard Publication of tariffs regulations. Where products subject to the equipment levy are imported, but not placed on the national market (i.e. imported, but subject to the equipment levy are products Where the in question from to exempt the products it is possible ‘in transit’), and subsequently re-exported, are for this. scheme. The legislation in some countries provides levy by means of an ex ante exemption The cross-border seller is nevertheless entitled to a refund for a levy paid in the country of export if and for a seller is nevertheless entitled to a refund The cross-border schemes refund and non-burdensome Effective law of that country. when this possibility exists under the an important part of all levy schemes. are In a cross-border transaction, the levy of the country of import should be paid by the foreign seller, not seller, import should be paid by the foreign transaction, the levy of the country of In a cross-border although the cost might be passed on). by the end-user (in the first instance, The appropriate fair compensation must be calculated on the basis of the criteria in the country where where the country in criteria of the basis on the calculated be must compensation fair appropriate The the end-user resides. Regardless of whether a levy has already been paid in the country from which the device or medium has which the been paid in the country from has already of whether a levy Regardless to the levy in the country of import because the levy compensates been imported, it shall still be subject the end-user resides. in the country where harm suffered arises whether it is legitimate for national law to provide that fair compensation under a levy scheme should under a levy that fair compensation to provide for national law it is legitimate arises whether under exceptions. as well as copies produced cover illegal copies 1.10.10 impact on sales. prices and have a negative and importers have claimed that levies increase Manufacturers is no discernible by IFRRO and other organizations have concluded that there surveys conducted However, of the existence of a levy system or the magnitude of country to country irrespective vary from Prices trend. the levy amount. • There are two aspects to the question of visibility of levies: are There 1.10.9 • The CJEU has determined these issues in the Opus/de Thuiskopie and Amazon cases: these issues in the Opus/de Thuiskopie The CJEU has determined What happens when a device or medium on which the equipment levy has been paid is exported? This may equipment levy has been paid is exported? a device or medium on which the What happens when a consignment to a sends it as part of or a distributor, an importer, original manufacturer, happen when the often resident or based abroad, customer placed by a fulfils an order or when a retailer distributor, foreign or sold also has a levy scheme? is exported if the country to which the product online. What happens 1.10.8 • The challenge of internet cross-border sales is not so much to put refund schemes in place, since they already schemes in place, since they already not so much to put refund sales is The challenge of internet cross-border ensure that the levy of the country of the end-user is paid. To ensure exist in all the TI levy countries, as to it is the country of the end-user can apply the levy to the online seller, that the RRO administering the levy in refund of the levy in the other country. of any claim for important that it should be notified Note that the CJEU has only ruled on ex ante exemptions schemes in the SIAE case referred to above. ex ante exemptions schemes in the SIAE case referred Note that the CJEU has only ruled on • • • • 20 International Survey on Text and Image Copyright Levies 2016 Edition followed byRROs The diagrambelowisaschematic presentation forlevyremuneration ofthe typicaldistributionpatterns 1.11.1 1.11 covered bytheoperatorfee isextensive. The relatively highpercentage inBelgiumpartlystemsfrom thefactthatrange ofinstitutionsandbodies distorting effect of the German equipment levy collections in 2015 should, once again be taken into account. only 0.64%inPoland.Overall,theoperatorfeeaccountedfor4%of2015levycollections,although the operatorfeerepresents roughly 45.2%oftotalTIlevycollectionsinBelgium, 39%inHungary, but As evidentfrom Table 16,therelative magnitudeofthetwotypesTIleviesvariesconsiderably. Forexample, 1.10.11 Figure 1: case, however, theyrepresent only authors,oronlypublishers. Most RROsadministeringTIlevyfundsdosoonbehalf of bothauthorsandpublisherstextworks.Insome from bothsources inGermany). (e.g.VGWORT passed onby other RROsor CMOs (e.g.VG Bild-Kunst in Germany);while others distribute remuneration they originallycollected(e.g.Reprobel inBelgium,albeitviaitsmemberCMOs);some distributeremuneration should be,passedontoanRRO.SomeRROsintheTIsector are, therefore, distributingremuneration which both audio/audio-visualandTIworks,are usuallycollectedbyanotherCMO.The TIshare ofthelevyis,or represents theauthors/andorpublishersinthatsector. However, leviesondevicesormediawhichcancopy on anagreed share ofthelevyineachsectortoanotherRRO,CMOorrightholderorganization,which that collectsthelevy may, however, notbe responsible for all aspects orstagesof distribution, but maypass Levies ondevicesormediathatcanonlycopytextimage worksare normallycollected byRROs.TheRRO 1.11.2 4. 3. 2. 1. The levyremuneration maybedistributedinthree ways: remuneration relates, thaninthecaseofequipmentlevyremuneration. regardWith tooperatorfeeremuneration, more informationmaybeavailableonthecopying,towhich fees, itmustrely onsurveystodistributethefunds. millions ofspecificdevicesormediasubjecttoequipmentleviesand,atbest,onlypartialdataonoperator SincetheRROhasnodataonscopeornatureto allconcerned. ofcopyingcarriedoutwitheachthe benefit saidauthorsandpublishers.Theymustcarryoutthistaskaccording topublishedrulesthatare fair the exceptionsremunerated bythelevies,and/orensure thatthefundsare used forgeneralpurposesthat fees, is distributed, at least annually, to the authors and publishers whose works have been copied under and publishers.Thetaskofthesebodiesistoensure thatthisremuneration, afterpaymentofadministrative The paymentofTIleviesinvolvesigloballumpsumsbeingpaidtoRROsorotherCMOsonbehalfauthors

the discussionofsocialandculturaldeductions-section1.1.6below). Used forgeneralpurposes: The remuneration maybeusedforgeneralpurposes as stipulatedbylaw(see other thanreference tospecifictitles.Forexample,itcanbebasedonpublisherturnover. On anon-title-specificbasis:Inthiscase, remuneration withineachcategoryofworkisallocatedinways published workstotheRRO,orbydatabases,acombinationoftwo. Market availabilitymaybeestablishedbyareporting system,where rightholdersreport theirrecently during theperiodtowhichdistributionrelates. on identificationoftheworksthrough samplesurveys,ortheiridentificationas‘availableonthemarket’ On atitle-specificbasis:Thisinvolvestheallocationof remuneration tospecificworks.Thiscanbebased

General principles principles General Responsibility for distribution between CMOs CMOs between distribution for Responsibility

Aspects ofDistribution

Relationship between the operator fee and the device/equipment levy device/equipment the and fee operator the between Relationship How thelevyisutilized International Survey on Text and

Image Copyright Levies 2016 Edition21 Deduction of administrative fees The author-publisher split Determination of distribution schemes

It should be noted that the costs generally relate to all the administrative activities carried out by the RRO and RRO the by out carried activities administrative the all to relate generally costs the that noted be should It not just its administration of TI levies Administrative fees vary from RRO to RRO and from year to year. They may be set by the RRO annually, based They may be set by the RRO annually, year to year. RRO to RRO and from Administrative fees vary from on administrative costs in the year in question (e.g. as done by VG WORT in Germany) or be defined by law where as in Poland by law, (as is the case in Romania). The administrative fee ceiling may also be prescribed it is 15%. The administrative fees for RROs administering TI levies in the ceiling is 20% and Belgium where 15. set out in Table 2015 are 1.11.5 Table 13 shows the current position on the author-publisher split in countries with operational levy schemes position on the author-publisher 13 shows the current Table However, it should be noted that the right of publishers to participate in compensation or remuneration noted that the right of publishers to participate in compensation or remuneration it should be However, in the primarily recently, schemes pertaining to exceptions and limitations to copyright has been challenged wake of the REPROBEL case (see section 1.13) 1.11.4 organizations representative via or directly, either publishers, and authors to distributes RRO the cases, most In necessary to determine members of the RRO. It is therefore usually are (trade organizations or CMOs) which that belong to authors and to publishers. This is known of the levy remuneration proportions the respective this becomes by law, split is not pre-determined the author-publisher split. Where as the author-publisher split, or for for a uniform The plan may provide one of the first issues that the distribution plan must address. types of work. splits for different different In most countries, the distribution scheme is determined by the membership of the RRO, usually subject to In most countries, the distribution scheme in Germany or the Office the Patent and Trademark as body such a supervisory by, of, or review approval elements of the distribution plan In some countries, however, Unit for collecting societies in Belgium. Control royalties be assigned that half of the requires the law regulation. For example, in Belgium, fixed by law or are 13, section 2. overview is given in Table to authors and half to publishers. An 1.11.3 22 International Survey on Text and Image Copyright Levies 2016 Edition rightholders benefitfrom the socialandculturalfundsonafairnon-discriminatorybasis. involved theprivatecopyinglevy, theCJEUapproved asocialandculturaldeductionof50%,provided the the figure ismuchlower. Nevertheless,itshouldbenotedthatintheAmazonvAustro-Mechana case,which The maximumlevelofsocialandculturaldeductionsintheTIsectorisnormally10%mostsub-sectors bodiesoftheorganization(seesection2,Tabledetermined bythegoverning 15). cap ontheallocationforthispurpose)althoughamountdeductedmayvaryperyearandsector, as areworks. TheRROsconcerned usuallyobligedorauthorizedbylawtomakesuchdeductions(oftenwitha case ofneed;orculturalpurposes,suchashelpingtofundeventsthepublicationmeritorious be used for social funds, which for example provide pensions or other financial assistance to rightholders in In some countries with TI levies, remuneration is allocated to social and/or cultural purposes. The money may 1.11.6 “third question”referred toit,ruledasfollows(emphasisadded): In itsREPROBELjudgementofNovember2015(C-572/13)(seepage15),theCJEU,afterexamining in recent yearsthisnotionhasbeenchallenged. publishers), as wellmostEUlegislators, as belongingpartly to authorsandpartly to publishers. However, As explainedabove,levyremuneration hasalwaysbeenregarded byRROsandtheirmembers(authors 1.11.8 1. 1.11.7

legislation orregulations haveprovisions toensure thatthisisthecase. all nationalauthorsandpublishershaveanequalopportunitytoberepresented byit.Typically, national the distribution of levy remuneration by the RRO throughout and to ensure the country concerned, that bilateral agreements withforeign RROs.Asregards nationalnon-members,itisimportanttopublicize determined bystatisticalsurveys,marketavailabilityorotherobjectivedata,anddistributedthrough and foreign rightholders.Theshare ofthelevyremuneration attributabletoforeign workscanbe The rulesmusttherefore address theissueofnationalnon-members(sometimes referred toasoutsiders) notonlytoworkswrittenorpublishedbymembersoftheRRO. copied withinthecountryconcerned, The distributionrulesofeachRROmustallowforthefactthatlevycollectionsrelate toallworks part ofthefaircompensation towhichtheyareentitledunderthoseexceptions. those exceptionswhensuch receiptwouldhavetheresultofdeprivingreproduction rightholdersofallor any harmforthepurposesof thosetwoexceptions.Theycannot,therefore,receive compensationunder exclusive reproductionrightholders pursuanttoArticle2ofDirective2001/29,publishers donotsuffer as aresultofthereproduction oftheirworkswithoutauthorizationand,second, publishersarenot 48. Since,first,thefaircompensation…..isintendedto compensatefortheharmsufferedbyrightholders 2001/29. 47. However, publishersarenotamongthereproductionrightholderslistedinArticle2ofDirective obligation toensurethatreproductionrightholdersreceive faircompensation. to providefortheexceptionsreferredinthoseprovisions issubjecttofulfilmentbythoseStatesoftheir 46. Pursuant to Article 5(2)(a) and Article 5(2)(b) of Directive 2001/29, the possibility for Member States to reproductionrightholdersbyvirtueofDirective2001/29. publishers correspondstoasubstantialreductioninthe compensationwhichshouldnormallybepayable 45. Itshouldbenoted(thatthis)questionrefersto a situationinwhichthecompensationpaidto of whichtheyhavebeendeprived. under noobligationtoensurethattheauthorsbenefit,evenindirectly, fromsomeofthecompensation compensation payable to rightholders to the publishers of works created by authors, the publishers being national legislation,…..,whichauthorizestheMemberStateinquestiontoallocateapartoffair “44. Byitsthirdquestion…,whetherArticle5(2)(a)and5(2)(b)ofDirective2001/29preclude

Social and cultural deductions cultural and Social Challenges to publishers’ right to participate in TI compensation schemes compensation TI in participate to right publishers’ to Challenges rightholders foreign and Outsiders International Survey on Text and

Image Copyright Levies 2016 Edition23 “It follows that, if follows that, “It Publishers are not rightholders in the sense of article 5.2(a) and (b) of the Directive; in the sense of article 5.2(a) and not rightholders Publishers are of the result would have when such receipt fair compensation cannot receive Publishers therefore on the basis of said articles; of all or part of their fair compensation depriving the authors part allocates that copying) private and reprography (for scheme compensation a national result, a As to the publishers of their works runs counter to EU law when of the fair compensation due to authors some from the authors benefit, even indirectly, that under no obligation to ensure those publishers are been deprived. of the compensation of which they have 49. It follows from the foregoing that the answer to the third question is that Article 5(2)(a) and Article 5(2)(a) and Article is that Article to the third question that the answer from the foregoing 49. It follows proceedings, such as that at issue in the main 2001/29 preclude national legislation, 5(2)(b) of Directive payable to a part of the fair compensation Member State in question to allocate which authorizes the obligation those publishers being under no publishers of works created by authors, rightholders to the of which they have from some of the compensation authors benefit, even indirectly, to ensure that the been deprived.” − − − Note that the proposed article would apply to fair compensation in relation to all exceptions and limitations. to all exceptions article would apply to fair compensation in relation Note that the proposed Member States may provide that where an author has transferred or licensed a right to a publisher, such a such publisher, a to right a or licensed has transferred author where an that provide may States Member claim a share of the compensation transfer or a license constitutes sufficient legal basis for the publisher to or licensed right. for uses of the work made under an exception or limitation to the transferred Article 12: Claims to fair compensation The legitimacy of a publisher share has been recognized by the European Commission in its proposed directive directive Commission in its proposed by the European has been recognized The legitimacy of a publisher share as follows: reads on Copyright in the Digital Single Market of 14/9/2016, article 12 of which However, the REPROBEL decision appears to leave open a possible entitlement for publishers to receive to receive publishers for entitlement a possible open to leave appears decision the REPROBEL However, the basis of national legislation. The CJEU recently on outside the terms of the Directive levy remuneration legislation on out-of- case pertaining to the French non-related clarified its initial HP ruling in a completely stated: CJEU the Soulier ruling, 48 of the recital C-301/15). In works (Soulier, commerce is completely denied, this would leave publishers, whose interests It may be observed that if a publisher share the with compliant be this would Whether remuneration. without copying, mass by also prejudiced are international copyright framework (Berne, and national constitutional law as well as European WIPO, TRIPS) may be disputed. − − cases, private copying) – alongside the (and, in some publishers for reprography No longer remunerating - would run counter to the law and established practice in so many authors as the original rightholders majority of authors have any objection to a publisher share. is no evidence that the vast countries when there for both authors and 13) provides with TI levies (see Table legislation in ten EU member states The current copying) collections. (and, in some instances, also private reprography from a share publishers to receive v VG of Vogel issue in the case the publisher share In 2016, the German Bundesgerichtshof considered it decided that Section 63a of the German Copyright Act, which was intended to support Firstly, WORT. concerned, rights for exceptions are did not, as a matter distribution to publishers, as far as remuneration it decided that the statutes of an RRO could only confer do so. Secondly, law, of European of interpretation authors, which they could not do in advance for from publishers on the basis of rights acquired on a share the court However, to a collecting society. transferred to rights previously rights or with respect remuneration were to a collecting society, not transferred rights, which were existing remuneration decided that already the distribution. transferable to publishers and could be the basis for their participation in − Member States from granting certain rights or certain benefits to third Directive 2001/29 does not prohibit that those rights and benefits do not harm the rights which that parties, such as publishers, it is provided (see, to that effect, judgment of 12 November 2015, Hewlett-Packard directive gives exclusively to authors paragraphs 47 to 49).” Nevertheless, European legislation is necessaryBelgium, C 572/13, EU:C:2015:750, level. to clarify this issue at the European law The CJEU effectively ruled that: The CJEU effectively 24 International Survey on Text and Image Copyright Levies 2016 Edition figure. Equipment levy collections have shown greater fluctuation, mainly because of fluctuations in the flat, fluctuatingwithinarange ofabout4%.However, itdippedbyabout16%in2015 relativetothe2014 private copyingcollections, forinstance,are notincluded. Until2015,theoperatorfeehadbeenrelatively be usedtocopytextandimage works, ratherthanaudio-visual works. Hence,French collections or Belgian and 2015.Notethattheseare allcountriesthatapplyanequipmentlevyondevices andmediathatcanonly Tables 17and18showthecountrieswithhighestequipmentoperatorfeecollectionsbetween2007 schemes increases. However, theinitial collectionsinsmallordevelopingcountriesare likelytobelow. As regards revenue trends, worldwidecollectionscan beexpectedtoincrease asthenumberofoperational 4. 3. 2. 1. The trends reported intheprevious surveyscontinue: 1.12 VGG nowread (unofficial translation): Organizations Lawof2016(Verwertungsgesellschaftengesetz: VGG),sothattherelevant sectionsofthe In December2016,theGermanparliamentpassedanamendmenttoCollectiveManagement Note alsotheproposed new legislationinBelgiumforasuigenerisremuneration forpublishers(page50).

noted there are now33countrieswithTIlevies. A steadyincrease inthenumberofcountries worldwide thathaveadoptedTIlevyschemes.Aspreviously inclusion ofTIlevyprovisions inthelegislationandschemesbecomingoperational. A lesspositivetrend overthepasttwentyyearshasbeenlongdelaysinsome countriesbetween at thepoliticalEUlevel. detailed operationoflevysystems,althoughsomefundamentalissuesstillneedtobedecidedorclarified its interpretation byEuropean Courtdecisions.TheseCJEUdecisionshavealsoclarifiedmanyissuesinthe works underexceptionsinthecopyrightlawhasbeenstrengthened bythe2001CopyrightDirective and The legitimacyoflevysystemsasameanssecuringremuneration forrightholderstheuseoftheir and media. text andimageworks,toasituationwhere copyingcanbeeffected usingawiderangeofdigitaldevices Levy systems have adapted to technological change, from a situation where only photocopiers could copy

Trends (2) (1) (2) (1)

accordance withparagraph1. The CollectiveManagementOrganizationshallspecify the amountof publisher share in legal remuneration referred toin§63asentence1oftheCopyrightLaw. the authorcanconsenttoparticipationofpublisherinincomefrom claimstothe After publicationofaworkoritsregistration withtheCollectiveManagementOrganization, those rightsbedistributedinfixedshares, regardless ofwhotransferred therights. joint basis, it can provide in its Distribution Plan that the income from the administration of If theCollective Management Organization administers rights for multiple rightholders on a distribution oftherevenue from rights(DistributionPlan). Collective ManagementOrganizationsshallestablishrulesprecluding arbitraryactsof Income from authors’claims tolegalremuneration Distribution Plan Section 27a Section 27 International Survey on Text and

Image Copyright Levies 2016 Edition25 Collections (in million euros) from top collectors (>€1m Equipment and >€0.6m Operator) euros) from top collectors (>€1m Equipment Collections (in million

figures for Germany, with especially high figures for 2009 and 2015. In both cases these increases stemmed stemmed cases these increases and 2015. In both for 2009 high figures especially with for Germany, figures decisions. The 2015 total of years following court for a number of previous of remuneration the receipt from of 2001 to 2007, as result payments for printers for the years back from mainly resulted 282.81 million euros of the BGH and the CJEU (“VG WORT”the court decisions only a modest case). Allowing for this distortion, can be discerned. in equipment levy collections trend upward A new trend that emerged in 2015 has been the imposition, in Austria and Portugal, of an overall limit or cap A new trend and section 1.10.4). copying levy (see country reports on both the TI levy and the A/AV Thirdly, in a lot of cases the new types of copying device/media are capable of copying audio and audio-visual in a lot of cases the new types of copying device/media are Thirdly, only one levy is normally applied to a device. Often, such devices works, as well as text and still images. Yet, extended then is which scheme, copying private audio-visual audio and an by covered initially media are and to be collected by the audio- to TI works. The tendency has been for the levies on such devices or media levies. The RRO may then receive visual CMO, or an ad-hoc CMO, rather than the RRO that administers TI the collecting CMO. What is important about such levies for the purposes to TI works from relating a share In allocating a fair percentage, allocated to the TI sector. of remuneration of this survey is the percentage encompasses the production consideration should be given to: (a) the fact that private copying of TI works exceptions may include own use/ of a paper copy as well as a digital copy; and (b) the fact that the relevant and passed on in only a few countries is currently a TI share internal use as well as private copying. However, coverage will be on collections for TI levies. It is to be expected that has not yet had a major effect this trend 6 and 7, section 2). in the next few years (see Tables extended to this area Secondly, an increasingly wide variety of storage media can be used to copy TI works. Consequently, existing Consequently, works. TI copy to used be can media storage of variety wide increasingly an Secondly, and devices (See coverage of devices only to coverage of media being expanded from TI levy schemes are 7). Table Firstly, the number of different types of device or medium on which copies can be made has increased year device or medium on which copies can be made has increased types of different the number of Firstly, on year. As to the characteristics of TI levy systems, three related trends have been evident over the past twenty years: trends related three As to the characteristics of TI levy systems, lowest figure is 0.002 euros in Burkina Faso, followed by about 2 cents per capita in Croatia, Lithuania by about 2 cents per capita in Croatia, in Burkina Faso, followed is 0.002 euros lowest figure partially been only have Ghana and Croatia in levies the that noted be should it although Ghana, and the inflation of German results from in Germany per capita of 3.50 euros implemented. The highest figure for Belgium. is 2.18 euros (see page 105). The next highest figure collections by collections for the past The final column of Table 16 shows huge variations in per capita levy collections in the levy countries. The Table 16 shows huge variations in The final column of Figure 2: 26 International Survey on Text and Image Copyright Levies 2016 Edition Figure 3: facilitate negotiationsanddiscussionsonlevyreformnationallevels. attheinternational before alevysystemprovided forinthelegislationbecomesoperational.Itishopedthatthesesurveyswill analysis inthesurvey. Oneofthekeyissuestoberesolved isthereduction ofthelongdelaysthatcanoccur As pointedoutinthe2015survey, areas needingimprovement canbeidentifiedfrom thecomparative in collectionsandthegeographicalscopeofTIlevieshavecontinued. section shouldbetakenintoaccount.Asnotedinprevious surveys,theunderlyingtrends ofasteadyincrease million euros for2014althoughincomparingthetwofigures thedistorting factorsmentionedinthelast In 2015,over359millioneuros wascollectedworldwidefrom TIlevies.Thiscompares withatotalof179 1.13

Final words

Per Capitacollection International Survey on Text and

Image Copyright Levies 2016 Edition27 x x x x x x x x x x x x x x x x x x NS Operator fee x x x x x x x x x x x x NS share Levy on A/AV + Levy on A/AV TI media with TI x x x x x x x NS media Levy on TI x x x x x x x x x x x x NS share devices with TI Levy on A/AV + TI + A/AV on Levy x x x x x x x x x x x x x x x x x x x x x x x x x x x x x NS NYI Levy on TI devices Countries with TI levies Countries with TI levies COMPARATIVE TABLES COMPARATIVE

TI levy country

Serbia (NYI) Slovakia Slovenia Turkey (NYI) Turkey Hungary Kosovo (NYI) Lithuania Moldova (NYI) Luxembourg (NYI) Montenegro (NYI) Netherlands (NYI) Nigeria (NYI) Paraguay (NYI) Poland Portugal Romania Albania (NYI) Algeria Austria Belgium Bosnia Hercegovina (NYI) Burkina Faso Cameroon Côte d’Ivoire (NYI) Croatia Germany Greece Czech Republic Dominican Republic (NYI) Ecuador (NYI) Ghana France Macedonia (NYI) Table 1: Table 2. 28 International Survey on Text and Image Copyright Levies 2016 Edition Table 2: Turkey (NYI) Slovenia Slovakia Serbia (NYI) Romania Portugal Poland Paraguay (NYI) Germany France Ecuador (NYI) Austria Algeria Albania (NYI) Nigeria (NYI) Netherlands (NYI) Montenegro (NYI) Moldova (NYI) Macedonia (NYI) Luxembourg (NYI) Lithuania Kosovo (NYI) Hungary Greece Ghana Dominican Republic(NYI) Czech Republic Croatia Côte d’Ivoire(NYI) Cameroon Burkina Faso Bosnia Hercegovina(NYI) Belgium

Scope ofexceptionscoveredbythelevy TI levycountry x (naturalpersonsonly) Levy coversownuse/ internal copying NS NS x x x x x x x x x x ? x x x Levy coversTIprivate copying NS x x x x x x x x x x x x x x x x x x x x x x x x x x ? x x x x x Levy coverseducational copying NS x x x ? x x International Survey on Text and

Image Copyright Levies 2016 Edition29 x x …by retailers x x x …by wholesalers x x x x x x x x x x x x x x x x 4 manufacturers or importers x (A/AV+TI devices/media only) x (A/AV+TI Device/ medium levy payable by Device/ medium levy Liability to pay device/medium levy pay device/medium Liability to

TI levy country (with operational levy system) In this and the following tables the operational TI levy schemes in different countries are analysed and compared. Note, however, that Note, however, analysed and compared. countries are In this and the following tables the operational TI levy schemes in different Slovenia Poland Portugal Romania Slovakia Ghana Greece Hungary Lithuania Germany Austria Belgium Burkina Faso Cameroon Croatia Czech Republic France

although Algeria now has an operational scheme, it has not been included in the country lists in these tables because there is currently is currently in these tables because there although Algeria now has an operational scheme, it has not been included in the country lists it covers. no available detailed information on the areas 4 Table 3: Table 30 International Survey on Text and Image Copyright Levies 2016 Edition Table 4: Slovenia Romania Portugal Poland Greece Germany Czech Republic Croatia Cameroon Burkina Faso Belgium Austria Slovakia Lithuania Hungary Ghana France operational levysystem) TI levycountry(with

Exemption andrefundschemes(redeviceormedialevies) SAZOR LITA PERGAM CopyRo AGECOP (publishers) COPYRIGHT POLSKA KOPIPOL (authors) LATGA-A HARR OSDEL CopyGhana VG Bild-Kunst(images) VG WORT(text) SEAM (songbooks) Sorimage (images) Sofia (text) CFC (press) Dilia ZANA (publishers) DHK (authors) SOCILADRA BBDA Reprobel Literar-Mechana CMO (s)administeringTIlevy Exemption scheme? NA x x x x x x x x x x Refund scheme? x x x x x x x x x x x x x x x x Both? x x x x x x x International Survey on Text and

Image Copyright Levies 2016 Edition31 x x x NYI MP3/4 player Copy paper x x x (7.2) x (d) x 9) x(2.66) NYI x (NCI) E readers x x(2.66) NYI NA x x x x x x x x x x x x x x NYI machines Tablet x x x (7.2) NYI X(2.66) NYI NA MF (multi-function) Smart phone x x x x x x x x x x phone/I NYI x x (7.2) x(d) x 9) x (2.66) NYI x (NCI) Printers phone Mobile x (7.2) x(d) x 9) x(2.66) NYI x (NCI) x x x x x x x x x x x x NYI Scanners device Blue ray (Percentage of total levy for TI copying in brackets where determined) (Percentage of total levy for TI copying in brackets x x x (7.2) x(d) x (2.652) x (NCI) x x x x x x x x x NYI Fax machines DVD Burner x x x (7.2) x(d) x 9) X(2.66) x (2.652) x (NCI) x x x x x x x x x x x x x x x CD NYI Burner Copiers x x x (7.2) x(d) x (9 x(2.66) x (2.652) x (NCI) PC All NA NYI All NA All NA All NA x x x (2.66) x(0) All NA All NA x(100) All NA All NA NA Devices subject to both TI and A/AV private copying levies private copying Devices subject to both TI and A/AV Devices and media capable of copying TI works only copying TI works media capable of Devices and

TI levy country (with levy system) TI levy country operational levy system) (with functional Austria Belgium Burkina Faso Cameroon Croatia Czech Republic France Austria Belgium Burkina Faso Cameroon Croatia Czech Republic France Germany Ghana Greece Hungary Lithuania Poland Portugal Romania Slovakia Slovenia Germany Ghana Lithuania Greece Hungary Romania Slovakia Poland Portugal Slovenia Table 6: Table Table 5: Table 32 International Survey on Text and Image Copyright Levies 2016 Edition Table 7: Table 8: Slovenia Slovenia Slovakia Romania Slovakia Romania Portugal Poland Portugal Poland Lithuania Hungary Greece Lithuania Ghana Hungary Greece Ghana Germany Germany France France Czech Republic Croatia Cameroon Burkina Faso Czech Republic Croatia Cameroon Burkina Faso Belgium Belgium Austria Austria operational operator TI levycountry(with operational levysystem) TI levycountry(with

Media subjecttobothaudio/audio-visualprivatecopyingleviesandTI Locations coveredbyoperatorfee fee) x x NA x x x x NA NA x NA x x NA NA x x Covers shops copy x (NCI) NYI All NA All NA x (2.66) AllNA All NA x (9) x (d) x (13.6) x(10) All NA All NA All NA x All NA Hard disc x (soldcopies) x (soldcopies) x x x x x x Covers schools x (NCI) x (2.652) x(2.66) x (9) x(d) x (19.0) x(5) x USB x (soldcopies) x (soldcopies) x x x x x x Covers higher institutions education x (NCI) x(2.652) x (0) x(9) x(d) x (1.75) x(3) x CD/CD Rom Percentage oftotallevyforTIwheredetermined x x administration Covers public x (NCI) x(2.652) x (0) x(9) x(d) x (2) x(10) x DVD x x x businesses Covers x(NCI) x(2.652) x (2.66) x(d) x (0) x(10) x Blu-ray disc x x (soldcopies) x x x x x x x libraries x (NCI) x(2.652) x (2.66) x(9) x (d) x (26.66) Covers x(5) x Memory card International Survey on Text and

Image Copyright Levies 2016 Edition33

Slovenia x

x Slovakia

x Romania

Portugal x

x x Poland

x Lithuania

x x Hungary

Greece x

Ghana x

Germany x

France x

Czech Republic Czech x x

Croatia x

Cameroon x

Burkina Faso Burkina x

Belgium x

Austria x

system)

operational levy levy operational regulation or decree or regulation negotiation/courts commission

TI levy country (with (with country levy TI Tariffs set by law by set Tariffs Tariffs set by by set Tariffs Tariffs set by by set Tariffs Tariffs set by tribunal/ by set Tariffs

Table 9: Table How equipment levy tariffs are set are tariffs levy equipment How 34 International Survey on Text and Image Copyright Levies 2016 Edition

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

TI levy country (with copiers fax Hand scanner Auto/Flatbed Printer-ink jet Printer- MF machine paper operational levy scanner laser system) Austria 13.21- 6.80- 4.83-624.60 12.92-624.40 6.01% sales price 5.38% sales price Higher of function N/A dep on speed (coop.) copy/scan/fax 1321.22 48.05 depending on Min E2.50 max. 105 and coop speed Min. 2.50 Depending depending (coop.) on speed, on speed, and cooperation Max.105 No coop. as ink jet. cooperation and if cooperation and EUR 7.00 to 124.46 b/w or color if b/w or color depending on speed (no coop.)

Belgium As copiers NYI NYI As copiers N/A 5.01–1839.43 2.01–10.04 7.35–100.31 dep. on speed dep. on dpi with dep. on dpi 2% sales price with 2% cap sales price cap Burkina Faso 0.25% import price As copiers As copiers As copiers As copiers As copiers N/A or speed based Higher of function copy or scan Cameroon 5% sales price as copiers as copiers N/A N/A N/A N/A N/A Croatia 0.9% import price As copiers As copiers As copiers 0.4% import price 0.4% import price As copiers Czech Republic 4.36-490.91 dep. on N/A N/A N/A 1.64-32.73 4.33-243.68 As copiers N/A import price France N/A N/A N/A N/A N/A N/A N/A N/A Germany 25–87.5 dep. on 5–10.00 4.09 12.5 5.0 12.5 Inkjet 15 N/A speed Laser – as copiers Ghana N/A N/A N/A N/A N/A N/A N/A N/A Greece 4% import price N/A 4% import price 4% import N/A N/A 4% import price 4% of price import Hungary 2% import price N/A N/A N/A 2% import price 2% import price 2% import price N/A International Survey on Text and

Image Copyright Levies 2016 Edition35

speed

29.21 dep. on on dep. 29.21

Slovenia N/A copiers As copiers As copiers As 2.09 EUR 2.09 EUR copiers As EUR 2.09 to EUR EUR to 2.09 EUR

sales price sales

Slovakia As copiers As copiers As copiers As copiers As As copiers As As copiers As N/A 3% of import or or import of 3%

price

import import

Romania As copiers As copiers As copiers As N/A price import 0.5% As copiers As As copiers As 0.1% 0.1%

copiers

Portugal As As 2.5 per unit per 2.5 unit per 2 unit per 2 N/A? unit per 5 7.5 per unit per 7.5 5 per unit (inkjet) unit per 5

price

sales sales price

Poland 1.5% sales price sales 1.5% 1.5% sales price sales 1.5% 2.8-3% sales price sales 2.8-3% 1.25% 1.25% 3% sales sales 3% price sales 2% price sales 1-2% price sales 3%

to 3%) 3%) to

on speed (color 2.7 2.7 (color speed on

on speed on price, depending depending price,

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

Tariff summary for devices and media subject only to TI levies (not audio and AV private copying levies). All figures in Euros (continued) Euros in figures All levies). copying private AV and audio (not levies TI to only subject media and devices for summary Tariff 10: Table 36 International Survey on Text and Image Copyright Levies 2016 Edition Table 11: Lithuania Hungary Greece Ghana Germany France Czech Republic Croatia Cameroon Burkina Faso Belgium Austria operational levysystem) TI levycountry(with

Operator feeTariffs LATGA-A HARR OSDEL CopyGhana VG Bild-Kunst(images) VG WORT(text) (press worksonly) SEAM CFC Dilia ZANA (publishers) DHK (authors) SOCILADRA BBDA Reprobel Literar-Mechana RRO(s) administering TI levy 0.72 to8.44percopierdepending oncapacity Others: 2.60–9.70 Libraries andpublicinstitutions3.90–12.00 26.50 Higher education Retail shops2.90–29.70 Copy shops6.50–39.70 Monthly perdevice: NA NA Further education:lump-sumcontracts Schools: negotiatedwithstategovernments Higher education405p.m. Publiclibs183permachine Retail shopsetc.41.50 institution Copy shops:88to160accordingproximityhighereducation NA (color double) .0015 (others) .005 perpage(libs,museums,educationalinstitutions) 3.2 percopiermonth NYI NA NA Higher non-cooperationtariff (color double) 0.0201 inothercases 0.0151 (educationalsector, libraries) Standard cooperationtariff: Libraries: 182.23 Further education407.93 20.87–199.64 percopieryear Contract tariff: Summary ofoperatorfeetariff(EUR) International Survey on Text and

Image Copyright Levies 2016 Edition37 practice Levy shown on invoice to end user in No sometimes Yes No No sometimes Yes No No Yes No If first sale to end user No NA Yes No No invoices Copy shops only: protected works: Depends on % of copyright 25% 1% of turnover To 26–75% 1.5% turnover + 75% 3% turnover 3% of sales price of copies NA 3% of income from copying services EUR 0.004 per copy Legal obligation to show levy on no yes yes (to end user) no no no yes yes (only b2b level) no yes no Only from first seller no NA no no no AGECOP CopyRo PERGAM LITA SAZOR KOPIPOL (authors) POLSKA KSIAZKA (publishers) system) Operator fee Tariffs (continued) Tariffs Operator fee Visibility of the equipment levy Visibility

TI levy country (with operational levy Austria Belgium Burkina Faso Cameroon Croatia Czech Republic France Germany Ghana Greece Hungary Lithuania Poland Portugal Romania Slovakia Slovenia Portugal Romania Slovakia Slovenia Poland Table 11: Table Table 12: Table 38 International Survey on Text and Image Copyright Levies 2016 Edition Table 13: Belgium Austria Burkina Faso Ghana Greece Hungary Lithuania Poland Portugal Slovenia Romania Slovakia Czech Republic Croatia Cameroon France Germany TI levycountry(with operational levy system)

How distributionschemesaredetermined determined bylawor Distribution scheme regulation x x x x …by RRO x x x x x x x x x x x x x x x x approval/review by …subject to state body? x x x Author-publisher split bylawor To bedecided regulation 50:50 60:40 50:50 60:40 60:40 50:50 50:50 50:50 50:50 50:50 65:35 60:40 50:50 70:30 forfictionandpress works, otherwise50:50 A-P splitbyRROrules 50:50 73:27 International Survey on Text and

Image Copyright Levies 2016 Edition39 x x x x x x x x x (image share) X (image share) CMO or right holder organization Distribution right holders via other Distribution right holders x x x x x x x x x x x x x x x No info holders directly Distribution to right levy CMO(s) administering TI CMO(s) administering Literar-Mechana Reprobel BBDA SOCILADRA Zana Dilia Sofia CFC Sorimage SEAM VG WORT VG Bild-Kunst CopyGhana OSDEL HARR LATGA-A LITA KOPIPOL POLSKA KSIAZKA AGECOP Copyro PERGAM SAZOR Types of distribution schemes of distribution Types

TI levy country (with operational levy system) Austria Belgium Burkina Faso Cameroon Croatia Czech Republic France Germany Ghana Greece Hungary Lithuania Slovakia Poland Portugal Romania Slovenia Table 14: Table 40 International Survey on Text and Image Copyright Levies 2016 Edition Table 15: Croatia Austria Slovenia Slovakia Romania Portugal Poland Lithuania Hungary Greece Ghana Germany France Czech Republic Cameroon Burkina Faso Belgium operational levysystem) TI levycountry(with

Administrative chargesandsocialculturaldeductionsasapercentageofdomesticincome SAZOR LITA OPERA SCRISA AGECOP (publishers) POLSKA KSIAZKA KOPIPOL (authors) LATGA-A HARR OSDEL CopyGhana VG Bild-Kunst(images) VG WORT(text) SOFIA CFC Dilia ZANA (publishers) DHK (authors) SOCILADRA BBDA Reprobel Literar-Mechana CMO(s) administering TI levy 10 25 8 4.87 12.93 25 35 20 30 25 4 2.54 9 11 10.89 30 N/A No info 25 16.02 6.9 Administrative charge 2015 (%) 0 0 0 20 (requiredbylaw) 0 0 25 (requiredbylaw) 0 17.5 0 Max. 4 1.58 25 (requiredbyFrenchlaw) 25 (requiredbyFrenchlaw) 0 0 N/A 3.3 5 0 7 deductions 2015(%) Social andcultural 10 25 8 35.16 12.93 25 60 20 37.5 25 Max 8 4.12 34 36 10.89 30 N/A 30 16.02 13.9 deductions Total (%) International Survey on Text and

Image Copyright Levies 2016 Edition41 (€) Per capita collections 0.12 0.06 0.013 1.06 0.19 2.18 0.08 0.002 0.005 0.02 0.11 0.45 3.50 0.02 0.09 0.13 0.02 Bank (2015) (approx. millions) Population Source: World Source: World 37.999 10.348 19.832 8.611 5.424 11.285 2.062 18.105 23.344 4.224 10.551 66.808 81.413 27.409 10.80 9.844 2.910 Total levy Total (€million) collections per country 4.458 0.609 0.256 9.06 1.025 24.42 359.475 0.164 0.044 0.124 0.10 1.197 30.3 284.88 0.519 0.98 1.286 0.052 per CMO (€million) collections Operator fee 0.0139 0.015 0.0064 N/A 0.69 0.025 11.03 14.532 0.018 N/A N/A NYI .035 0.103 N/A 1.77 0.30 N/A N/A 0.511 0.015 Device/medium CMO (€million) levy collections per 0.603 0.256 8.37 1.00 13.39 344.943 0.146 0.044 0.124 NYI 0.065 1.094 30.3 230.32 52.49 0.519 0.98 0.775 0.037 2.20 2.23 levy RRO(s) administering TI AGECOP Opera Scrisa Literar-Mechana LITA REPROBEL SAZOR BBDA SOCILADRA DHK (authors) ZANA (publishers) Dilia CFC, SOFIA, Sorimage) and others VG WORT (text) VG Bild-Kunst (images) CopyGhana OSDEL HARR LATGA-A KOPIPOL Copyright POLSKA TI levy collections 2014 TI levy collections

TI levy operational levy system) country (with Portugal Romania Austria Slovakia Belgium Slovenia Burkina Faso TOTAL Cameroon Croatia Czech Republic France Germany Ghana Greece Hungary Lithuania Poland Table 16: Table 42 International Survey on Text and Image Copyright Levies 2016 Edition and/or 2015 Table 17: Table 18: 2012 (figuresin€million) TOTAL Germany Germany Belgium Austria Austria Belgium Germany Germany Greece Poland Poland TOTAL Country

Operator feehistoricalanalysis:eightyeartrendsforRROswithcollectionsover0.6millioneuros2014 Equipment levycollectionshistoricalanalysis:8yeartrends:RROswithover VG Bild-Kunst VG WORT Reprobel Literar-Mechana Literar-Mechana Reprobel VG Bild-Kunst VG WORT OSDEL KOPIPOL Copyright Polska RRO RRO 13.79 0.30 1.77 11.03 0.69 8.37 13.39 230.32 1.094 52.49 0.98 2.21 311.10 2015 2015 16.46 2014 1.21 4.91 9.64 0.70 137.03 13.50 77.43 0.939 31.95 2014 8.10 0.83 2.09 16.81 2013 1.00 4.61 9.98 1.22 12.65 49.97 19.22 97.61 2013 7.84 3.40 2.19 16.97 10.38 2012 109.76 1.03 4.91 0.65 13.41 60.28 21.37 2012 2.50 2.35 7.56 16.56 10.33 2011 119.87 0.99 4.81 0.43 12.32 69.48 25.24 0.951 2011 8.16 2.88 17.17 10.23 2010 100.33 0.96 5.10 0.42 12.49 61.12 14.17 0.944 2010 9.18 1.99 16.80 10.31 377.15 497.19 2009 95.73 0.94 5.28 0.27 13.42 0.364 2009 7.56 2.57 17.15 10.89 102.02 2008 0.87 5.12 0.27 14.14 60.42 16.89 0.481 2008 7.56 2.01 €1 million 18.80 2007 0.94 8.46 9.11 0.29 12.52 29.96 11.18 0.458 62.94 2007 7.30 1.04 International Survey on Text and

Image Copyright Levies 2016 Edition43 Anyone may make single copies for their own use in the context of reporting events of the day Anyone may make single copies for their own use in the context of reporting insofar as this concerns analog use. specified in paragraph (1) Any natural person may make single copies of a work on media other than if it is for private use and neither directly nor indirectly for commercial purposes. Anyone may make single copies on paper or a similar medium for their own use. Anyone may make single copies on paper or a similar medium for their own (1) for own use for Anyone may make single copies on other media than specified in paragraph research purposes, as long as this is justified for non-commercial purposes. COUNTRY REPORTS COUNTRY Systems and Image Levy Text Countries With Operational

Austria Algeria

(4) (3) (1) (2)

Legal basis for levy §42: Copyright Law 1936 as amended (unofficial translation): 3.1.1 Legal Basis for Levy The revenue collected is used for social and cultural purposes, pursuant to the law, and not distributed to and not distributed collected is used for social and cultural purposes, pursuant to the law, The revenue authors and publishers Distribution Collections levies, for reprography a total of 2 million euros 2016, ONDA had collected understand that as of March We have been collected for private copying levies. while 23 million euros IFRRO member(s)?None National Office of Copyrights and Related Rights (ONDA) National Office of Copyrights and Related Ministry of Communication and Culture Hamia16000 Bolghine 49 rue Adberrezak Algeria www.onda.dz Copying for private purposes RRO(s) administering levy Scope of levy Article 47 of the law of 31 December 1999 provides for the manufacturers and importers of ‘reprographic and importers of ‘reprographic for the manufacturers of 31 December 1999 provides Article 47 of the law implementing by an was followed This copying. for private device of the value the 3% of of a levy to pay devices’ 27 May 2013 that lists the decision from by an inter-ministerial (No. 11-294) of August 18, 2011 and decree devices subject to a levy. reprographic 3.1 3.1.1 3. 44 International Survey on Text and Image Copyright Levies 2016 Edition §42b Additions to Existing Legislation: In Force 1 October 2015: October 1 Force In Legislation: Copyright LawSection42b: Existing to Additions (6) (5) (4) (3) (2)

7. 6. 5. 4. 3. 2. 1. In calculatingtheremuneration thefollowingcircumstances inparticularshallbetakenintoaccount: 1. The followingpersonsare liabletopaytheremuneration: 2. 1. for ownuse,theauthorshallbeentitledtoequitableremuneration(reprographyremuneration), If fromthenatureofaworkitcanbeexpectedthatwillcopiedbyreprographicorsimilarprocess or teachinguse. school usedoesnotapplytoworkswhichbytheirnatureanddesignationareintendedfor than specifiedinparagraph(1)onlyiffornon-commercialpurposes.Thepermissiontocopyown for ownschooluse);thisalsoappliestosheetmusic.However, thismaybeeffectedonmediaother needed forthepurposeofteachingorstudyinaspecificschoolclasseducationalevent(copying Schools, universitiesandothereducationalinstitutionsmaymakedistributeasmanycopies may notbemadeavailabletothepublic. of thecopyshallnotconstitutecopyingforprivateorownuse.Copiesmadeuse Subject to(6)and(7)below, copyinginordertomaketheworkavailablepublicwithaid

Economic Area; Comparable tariffs andvolumeinMemberStatesoftheEuropean UnionortheEuropean changes; The previously comparabletariffs andtotalvolumeofremuneration, inorder toavoidunreasonable Vienna shallhavejurisdiction. purposes inAustria,thecourtsoffirstdistrict shall be exempt from the storage media remuneration. If the defendant is not domiciled for legal with acapacityofnotmore than10,000hours,orisasmallbusinessinthesenseofUStG1994, as aguarantoranddebtor. However, apersonwho,withinsixmonths,obtainsstoragemedia device for sale on acommercial basis, even if that person is not the first todo so,shall beliable within oroutsidethecountry, shallbeliable.Whoseveroffers thestoragemediumorcopying Whosoever firstputsthestoragemediumorcopyingdeviceforsaleonmarket,whetherfrom machines areavailableagainstpayment(operatorfee). further educationalinstitutions,research institutions, public libraries or in locations where copying if acopyingdeviceisoperatedinschools,universities,vocationaltraininginstitutionsorother in thedomesticmarket(equipmentlevy);and if adevicewhichbyitsnatureisdesignedtomakecopiesbroughtintocommercialcirculation media, which may notbeunreasonably prejudiced; The economicinterests ofthemanufacturers, dealersandimportersofdevices andstorage of devicesandthestoragecapacity andreusability of media; The characteristicsofthestorage mediaanddevicesrelevant touse,especiallytheperformance measures tothecopying,subjectpaymentofremuneration; and thetotalvolumeofsuchuses,takingaccountalso of theapplicationtechnicalprotection The extenttowhichstoragemediaanddevicesare usedonaveragetocopyforown orprivateuse and storagemedia; account theeconomicdevelopmentofsectoraffected, from includingtheturnover devices The advantagetothepersonwhocopiesandthoseliable topaytheremuneration, takinginto and thelegitimateinterests oftherightholders; Harm totherightholderscausedbycopying,itseffect onthenormalexploitation ofthework International Survey on Text and

Image Copyright Levies 2016 Edition45 culation of the storage media or devices specified in culation of the storage media or devices fer on its website simple, understandable and practical information fer on its website simple, understandable esponsible does not fulfil his obligation to report or performs it only partially or otherwise esponsible does not fulfil his obligation to emuneration under paragraph (1) shall not apply if the person liable to pay the remuneration not apply if the person liable to pay the remuneration emuneration under paragraph (1) shall the final user who purchased the storage medium at a price which includes the paid remuneration paid the which includes price a medium at storage the who purchased final user the to be used, for copying for own or private use. but who does not use it, or permit it In the case of the operator remuneration, the type and extent of use of the copying device, which the type and extent of remuneration, In the case of the operator the location of the device and the type of operator, especially in the circumstances, is probable the normal usage. selling before abroad user the final to device copying medium or storage the who export persons it; and An economically reasonable relation between the remuneration and the typical price level of the typical price level and the the remuneration between relation reasonable An economically the and 6%, not exceed may media remuneration storage that the in media, and storage devices use of a if almost exclusive exceed 11% of this price level; however, may not device remuneration by empirical evidence, is proved with paragraph 1 or 2, in accordance device or storage medium, this limit may be exceeded;

Invoices for the sale or otherwise putting into cir Invoices for the sale or otherwise putting Claims to r The collecting society must of Whoever first brings into commercial circulation storage media or copying devices from a location media or copying devices from storage circulation Whoever first brings into commercial to the duty to supply information under 87a paragraph shall, without prejudice in Austria or abroad after day fifteenth the of end the by writing in §42b in specified body the inform to obliged be (1), common collecting body. the end of each calendar month the type and number of the items to a common collecting office The collecting societies shall nominate to their supervisory authority a the supervisory authority shall publish this remuneration; for the storage medium and reprography information on their website. paragraphs (1) and (2) must refer to the remuneration applying to the said storage media or device. to the remuneration paragraphs (1) and (2) must refer proves that the storage media will not be used for copying for own or private use by himself or a third third a or himself by use private or own for copying for used be not will media storage the that proves party. the claims and claiming exemption from for the average user concerning making reimbursement and not unduly complicated. must be effective Such information obligation to pay remuneration. 2. 9. paid remuneration: must repay The collecting society 1. 8. The facts on which the repayment claim is based must be satisfactorily proven. claim is based The facts on which the repayment If the person r affected. claimed as to the remuneration can be double remuneration incorrectly,  (Before setting new tariffs for devices and storage media, the collecting societies shall ascertain the for devices and storage media, the collecting societies shall ascertain new tariffs setting (Before empirical investigations, and on that basis negotiate actual use of the devices or storage media through with user organizations. and the conclusion of a general agreement the amount of remuneration

(2) (1) (9) (8) (7) (6) (1) Amendment of the Collecting Societies Law 2016: Amendment of and reprography storage medium remuneration (11) For the years 2016 to 2019 the yearly income from Section 116 deduction of refunds. must not exceed €29 million before remuneration

Duty to report introduction into circulation of storage media and copying devices Tariff for devices and media Section 90a: Section 38: 46 International Survey on Text and Image Copyright Levies 2016 Edition • • • • Scope ofLevy Represents: 18.458authors,492publishersoftextworks www.literar.atwww.literar.at 1060 Vienna 18 Linke Wienzeile Literar-Mechana Text: Levy RRO(s) Administering Advisory Board forDevice and StorageMediaRemuneration Section 39: 39: Section es: copyshops,schools,universities, highereducationinstitutions,publiclibraries • (5) (4) (3) (2) (1) (2) Operator fee? Levies onmedia?Which? Levy ondevices?Which? • What copyingiscovered? (b) (a) (g) (f) Manufactur Who isliabletopaythelevy? Y

The FederalMinisterofJusticemayformulatemore detailedregulations. obligations. Itshallpublishanannualreport ontheactivitiesofadvisoryboard onitswebsite. The supervisory authority for collecting societies shall support the advisory board in fulfilling its and theuserorganizations. The advisoryboard shallconsist ofrepresentatives ofboththesocietiescollecting theremuneration and tofacilitatetheconclusionorrenegotiation ofgeneralagreements. storage media, to take account of new devices or storage media or a change in consumer behavior, The taskoftheadvisoryboard shallbetoobserveandevaluatethemarketforcopyingdevices Section 42bUrhG. An advisoryboard shallbe establishedtoadviseonthedeviceandstoragemediaremuneration under The specificationsfor, and results of,theempiricalsurveysshallbemadepublic. must begiventheopportunitytoexpress itsposition. Before thepublicationof a tariff, theBundesarbeitskammer(‘AustrianFederalChamberofLabor’) PCs, HDDsandrecorders, storagecards, smartwatches TI share undernegotiation:AnalogA/Vmedia,CD,DVD,USBsticks,mobilephone storage,tablets, Media whichcanbeusedtocopybothaudio/audio-visual andTIworks No Media whichcanonlybeusedtocopyTIworks No Devices whichcancopybothaudio/audio-visualandTI works Copiers, faxmachines,scanners,printers,MFmachines Devices whichcanonlycopyTIworks Private and own/internal use Private andown/internal ers andimporters International Survey on Text and

Image Copyright Levies 2016 Edition47 60.06 24.02 12.03 ------24.02 48.05 4.83 180.17 300.29 360.34 600.58 660.61 48.05 36.03 26.43 1321.22 216.21 180.17 144.14 108.09 620.60 312.30 264.26 Tariff (EUR) Tariff Non-cooperative debtor Non-cooperative debtor Tariff (EUR) Tariff Tariff (EUR) Tariff

6.80 ----- 39.93 13.21 13.70 30.58 114.17 194.14 114.17 194.14 445.34 445.34 >1199 >1199 >1199 200-599 200-599 200-599 600-1199 600-1199 600-1199 Resolution (dpi) Cooperative debtor Cooperative debtor

1-9 >70 >69 >69 1-39 1–12 20-39 40-69 10-19 40-69 13–35 36–70 Speed (Scan per minute) Speed (pages per minute) Type Type Debtor type Tariffs per device (EUR): per Tariffs How are tariffs set? tariffs How are Non-cooperative debtor Cooperative debtor Black & White Simple fax machines Color Fax machines with scanner port Fax machines with capability of multiple copies Fax machines where printing is based on toner Copiers: • • of the equipment levy, take into account capacity in the case to the requirement from By negotiation; apart above). the case of the operator fee (see A 42b.4 location and normal use in and type of establishment, Tariffs Handheld scanner Fax machines: Fax 48 International Survey on Text and Image Copyright Levies 2016 Edition Austrian ChamberofCommerce. an agreement withLiterar-Mechana based ontheconditionsofgeneralagreements betweenLMandthe In theabovetables,‘cooperative debtor’meansadebtor(manufacturer orimporter)whohasconcluded Non cooperativedebtors: Tariffs applytobothinkjetprintersandlaser Printers: The sametariffs asonautomaticscannersare applicable Flatbed scanners: Automatic scanner: All Types Color Black &White Cooperative Debtor All Types Laser printers Inkjet printersandinkjetMFD Non-cooperative debtor Debtor type Type Type minimum: 8.89%ofsellingprice;maximum:€186,70 >70 36-70 13-35 0-12 >70 36-70 13-35 0-12 Speed (pagesperminute) Speed (Scanperminute) 13–35 36–70 13–35 36–70 1–12 1–12 >70 >70 124.46 42.68 24.90 14.22 62.23 21.34 12.45 7.11 minimum: €2.50;maximum:€105,00 5.41% ofsellingprice 6.01% ofsellingprice Resolution (dpi) 600-1199 600-1199 600-1199 200-599 200-599 200-599 >1199 >1199 >1199

Cooperative debtor Tariff (EURO) Tariff (EUR) Tariff (EUR) 108.09 144.14 180.17 216.21 264.26 312.30 624.60 140.19 404.93 26.43 36.03 48.05 12.92 72.67 International Survey on Text and

Image Copyright Levies 2016 Edition49 0.69 0.7 1.22 0.65 0.43 0.42 7.84 7.56 8.16 9.18 8.59 9.60 8.37 8.10 9.06 8.80 9.06 8.21

Total levy collections for the last six years (in millions of euros): levy collections for the last six years (in millions of Total Under the new §42b (9) of the Copyright Act (see above) there is now an obligation to mention the levy the mention to obligation an now is there above) (see Act Copyright the of (9) §42b new the Under on invoices Visibility of the levy Contract tariffs (per copier): From 20.87 to 199.64 euros per copier, depending on ppm (from 1 to more 1 to more depending on ppm (from per copier, to 199.64 euros 20.87 From (per copier): Contract tariffs to high school. Others: and proximity (copy shops, small business, others) location than 70), color or B/W, euros) public libraries (182.23 high schools (407.93 euros); Operator fee tariff(s) N/A Tariffs per medium per Tariffs If devices or media on which the levy has been paid are re-exported to another State, the levy is refunded by is refunded to another State, the levy re-exported If devices or media on which the levy has been paid are In 2015, approximately pays the levy. to the last entity in the supply chain that effectively Literar-Mechana 4% of collections See §42b.6.1. approximately representing was refunded, 0.37 million euros Summary of exemption/refund scheme Summary of exemption/refund Data is obtained under contracts with manufacturers and importers and/or trade bodies representing and importers and/or trade bodies representing Data is obtained under contracts with manufacturers them. How does the RRO obtain data to charge levies? Total Operator fee collections for the last six years (in millions of euros) Total device/media collections for the last six years (in millions of euros): device/media collections for the last six Total 2011: 2010: 2014 2013 2012: 2015 2012: 2011: 2010: 2015 2014 2013 2013 2012 2011 2010 2015 2014 • Collections • • • Higher number of functions (copy/scan/fax) with an exception for cooperative debtors only for inkjet devices for cooperative debtors only functions (copy/scan/fax) with an exception Higher number of (see above) MF devices: • • • • 50 International Survey on Text and Image Copyright Levies 2016 Edition − − − others things,to: proposedlevy scheme.InOctober2016,theBelgianfederalgovernment draftlegislationthatintends,among The CJEUrulinginREPROBEL(seepage15)willmostprobably leadtoasignificant review ofthe reprography professional use)are expectedsoon. (cf. below)aswellsmallerchangestotheprivatecopyingscheme(i.e.exemption/reimbursement for (compensation /levyschemesandtariffs) are stillinplace,thoughmajorchangestothereprography scheme XI.190(9) and(17);articleXI.217(7)(16);art.XI.229-234CEL.Bothroyal decrees mentionedabove rights; andarticles55to58–compensation/levyscheme)havealready become,respectively, article copying (art. 22(1)(5) and(13)-exceptionsforcopyright; art. 46(4)and(12)–exceptions for neighboring levy scheme),willremain inforce untilDecember31,2016.Thearticlesofthe1994Actpertainingtoprivate and visualworks; art. 22bis(1)(1)and(2) - exception for databases; and articles 59 to61 – compensation/ However, thearticlesof1994Actpertainingtoreprography (art.22(1)(4)and(4bis)–exceptionfortext The entire CopyrightAct1994hasbeenincorporatedintotheCodeofEconomicLaw(CEL),ChapterXI. private copyingschemetotextandimageworks. Private copying:CodeofEconomicLaw(2014),ChapterXI,andRDOctober18,2013extendingthe (in force untilDecember31,2016) Reprography: CopyrightAct(30June1994)asimplementedbytheRoyalDecree (RD)ofOctober30,1997 Legal basisforlevy 3.1.2 • • • • Distribution − − − 2015: 7% Social andculturaldeductions 2015: 6.9% Administrative deductions By therulesofLiterar-Mechana How isthedistributionschemedetermined–legalbasis? of worksisbasedonreporting bymembersoftheirrecently publishedworks. reflecting actualuseas revealed bystatisticalsurveys.Entitlementto remuneration withineachcategory distributed byLiterarMechanatoindividualauthorsandpublishers,according tocategoriesofworks, www.bildrecht.at, forfurtherdistribution.Thisshare was11.98%in2015.Theremaining textshare is The visualimageshare, as determinedbyagreement onthebasisofsurveys,ispassedtoBildrecht, Summary ofdistributionschemeforlevies legal licensethanaproper levyscheme); the onlyormajorcollection source inthelevyscheme (which,technically, wouldbecomemore ofa Put allormostoftheemphasis ontheoperatorfeeinfieldof reprography, thatwould becomeeither reproductions onpaperby naturalpersonsfortheirprivateandnon-commercial use; currently to assess whether or not there conducted by the government is minimal harm as aresult of that the installing or not of suchan equipment levy in the future will depend on a harm assessment administered byReprobel totheprivatecopyingschemeadministered byAuvibel.Itshouldbenoted scheme forreprography basedonarticle5(2)(b)oftheCopyrightDirective) from thereprography scheme Shift theequipmentlevyonB2Creproduction devices(thepartofthecurrent Belgianequipmentlevy equipment levyschemeforreprography basedonarticle5(2)(a)oftheCopyrightDirective); Scrap the equipment levy on B2B reproduction devices altogether (the part of the current Belgian Belgium International Survey on Text and

Image Copyright Levies 2016 Edition51 December 2013. These include tablets and personal computers, but at present the December 2013. These include tablets and personal computers, but at present st Media which can only be used to copy TI works No. Devices which can only copy TI works Copiers, multifunctional printers, faxes and scanners. Not: stand-alone printers. Devices which can copy both audio/audio-visual and TI works Existing levies on a wide range of devices (e.g. CD and DVD burners, smartphones) extended to TI 1 works from latter are subjected to a zero tariff. tariff. subjected to a zero latter are

The new Belgian legislation in the field of reprography is likely to enter into force on 1 January 2017. to enter into force is likely reprography in the field of The new Belgian legislation In in nature. transitory and is therefore will be installed for one year only new scheme The proposed by both authors and governmentthe meantime, the assessment of the harm suffered will conduct an copyright. under exceptions or limitations to on paper of reproductions publishers as a result Provide for a separate sui generis remuneration for publishers on the basis of national law (see page 28), law (see page the basis of national for publishers on sui generis remuneration for a separate Provide basis of the Copyright Directive. due to authors on the alongside the fair compensation Levy on devices? Which? See above (photocopying only at present). What copying is covered? (a) (b) (a) Levies on media? Which? − − • • The current reprography levy scheme (equipment levy + operator fee) – in place until December 31, 2016 levy reprography The current (including independents & liberal - covers both private use and internal/professional use within companies scheme the However, institutions. research educational/scientific and libraries bodies, public professions), only covers photocopies, not print-outs. Scope of levy From December 1st 2013 the remuneration for TI works under the extended private copying scheme is under the extended private for TI works December 1st 2013 the remuneration From for private copying in Belgium. the central CMO by AUVIBEL (www.auvibel.be), administered SABAM is member of both the Publishers’ and the Authors’ College but is counted only as a member of the SABAM is member of both the Publishers’ above. Authors’ College in the figure Publishers’ CMOs: COPIEBEL, COPIEPRESSE, LICENSE2PUBLISH, REPRO PP, REPROPRESS, SEMU, LIBRIUS and LICENSE2PUBLISH, REPRO PP, Publishers’ CMOs: COPIEBEL, COPIEPRESSE, SABAM. Authors' CMOs: ASSUCOPIE, deAuteurs, JAM/SAJ, SABAM, SACD, SCAM, SOFAM and VEWA. and VEWA. JAM/SAJ, SABAM, SACD, SCAM, SOFAM Authors' CMOs: ASSUCOPIE, deAuteurs, Total Creators’ (authors and visual artists) Associations: 8 Creators’ Total text and visual works. & PLR rights for right holders of reprographic Belgian CMOs representing members are (*) Reprobel Total Publishers’ Associations: 7 (*) Total Total number of Member Associations: 15 Total Members: Members: Reprography: Reprography: bcvba Reprobel de Meeûs 23/3 Square 1000 Brussels www.reprobel.be RRO(s) administering levy RRO(s) administering − − • 52 International Survey on Text and Image Copyright Levies 2016 Edition • • • • 60–89 cpmB&W+color€811.02 40–59 cpmB&W+color€324.41 20–39 cpmB&W+color€195.65 10–19 cpmB&W+color€60.20 6–9 cpmB&W+color€18.39 < 6cpmB&W+color€5.01 (MF devicesattractthehigherlevyforcopiersorscanners. Inpractice,copierlevyapplies) Copiers, faxesandMFdevices: • • Tariffs (Note: privatecopying–draftregulation pertainingtoreimbursement/exemption schemeforprofessional use–seeabove) order toprovide bettermatchingofinitiallevypaymentsandreclaimed amountsuponre-export. reimbursement schemeisgenerallyconsidered tobeefficient.However, theschemecanbeimproved in export of devices and initial payment of levies upon introduction of the items into the market. The Reprobel refunds thelevyonproduction ofappropriate documentssuchasinvoices,proving bothre- Summary ofreimbursement/refund scheme • • • • How RROobtainsinformationtochargethelevies of salesabroad byonlinevendors. Wholesale distributorsandretailers, butonlywhenactingasimportersoracquirers; forexample,incase Manufacturers, (professional andoccasional)importersorintra-communalacquirers. Who isliabletopaylevy? schools, highereducationinstitutions,publicadministration,businessesandlibraries. Yes. Feeisproportional totheactualvolumeofreproductions ofCW. Theoperatorfeecoverscopyshops, Operator fee? (b) Tariffs perdevicewhich canonlycopyTIworks(EUR): an operatorfeeforreprography; legallicensewithanequipmentlevyforprivatecopying) decrees. Thisappliestobothreprography andprivatecopying(legallicensewithanequipmentlevy The general principles are set out in the copyright law. The modalities and tariffs are set out in royal How are tariffs set?

Information canbeobtainedfrom tax&customsauthorities,albeitnotveryefficientinpractice Data obtainedfrom marketresearch organizations(mainlyIDC) Reprobel) Obligation inlawforotherdistributors/retailers toreport (uponformalinformationrequest from monthly ANDtoreport (uponformalinformationrequest from Reprobel) Obligation inlawonmanufacturers/importers/intra-communal acquirers requires themtodeclare hardamong others,USBsticks,external drivesandmemorycards). used tocopybothaudio/audio-visualandTIworks(Mediasubjectedprivatecopyinglevyinclude, As from December1,2013, theprivatecopyinglevyappliestoawiderangeofmediawhichcanbe Media whichcanbeusedtocopybothaudio/audio-visualandTIworks International Survey on Text and

Image Copyright Levies 2016 Edition53 €0.15 €0.50 €1.35 €1.00 €2.50 €3.00 €1.30 €6.75 €9.00 to 1TB

to 16GB

500GB 4GB

500GB 4GB

More than 1TB From 0 to More than From 0 to 2GB More than 2GB to 16GB More than 16GB More than 16GB From 0 to More than

tablets

Tariffs for devices and medium which can copy both TI works and A/AV works which can copy both TI works and A/AV for devices and medium Tariffs External hard disk drive function, MP3 player, MP4 player, mobile MP4 player, MP3 player, phone with MP3 and/or MP4 Memory Card and USB stick > 89 cpm B&W + color €1,839.43 > 89 cpm 600–1199 DPI €100.33 500–599 DPI €80.25 400–499 DPI €61.87 300–399 DPI €43.48 200–299 DPI €25.08 < 200 DPI €7.35 • Flatbed scanners: No levies on stand-alone printers. 600–1199 DPI €13.38 Printers 400–599 DPI €10.88 with additional sales price cap (art. 3, §2, RD) – indexed amounts 2015) applicable to scanners: Based on graphic resolution (Tariff 300–399 DPI €8.37 200–299 DPI €5.85 < 200 DPI €3.34 Automatic scanners: 600–1199 DPI €10.04 400–599 DPI €8.03 300–399 DPI €6.02 200–299 DPI €4.01 < 200 DPI €2.01 (Tariff applicable to copiers, faxes and MFDs; Technology neutral and based on CPM speed – indexed amounts 2015) neutral and based on CPM speed – indexed Technology applicable to copiers, faxes and MFDs; (Tariff Hand scanners: 54 International Survey on Text and Image Copyright Levies 2016 Edition • (Reprobel homelandreprography levycollectionsonly–alldataasapproved byAGM) Collections • Indexed tariffs2015–photocopiesonly • • • • DVD CD-R data into markettoendsale). Article 21ofthe1997R.D.:visibilitylevyismandatorythroughout thevaluechain(from firstintroduction ofthelevy Visibility Color Non-cooperation: Color Cooperation: Color Cooperation: B&W Non-cooperation: B&W Non-cooperation: B&W Cooperation: B&W Cooperation: Homeland reprography collections2015: Population (01.01.2016): 2010: 2011: 2012: 2013: 2014: 2015: 2010: 2011: 2012: 2013: 2014: 2015: 2010: 2011: 2012: 2013: 2014: 2015: Total • Color Non-cooperation: Operator feetariff(s) (Reprobel homelandreprography collectionsonly) Total collectionspercapita Total Operatorfeecollectionsforlastsixyears Total device/mediacollectionsforlastsixyears

22.72 22.65 23.79 22.62 23.14 24.42 12.49 12.32 13.41 12.65 13.50 13.39 10.23 10.33 10.38 9.98 9.64 11.03 levy

collections

for

the

€0.0502 (foreducation&publiclendinginstitutions) €0.0668 (standard tariff) €0.0302 (foreducation&publiclendinginstitutions) €0.0402 (standard tariff) €0.0251 (foreducation&publiclendinginstitutions) €0.0334 (standard tariff) €0.0151 (foreducation&publiclendinginstitutions) €0.0201 (standard tariff) last

six

years

11,267,910 inhabitants €24,420,006

(in

million

euros): €0.40 €0.12 International Survey on Text and

Image Copyright Levies 2016 Edition55 €2.17

Burkina Faso

Levy on devices? Which? Private use, educational use, public administration, business use What copying is covered? None Social and cultural deductions 2015: 4.15 million euros 2015: 4.15 million euros on the basis of collections in the last 3 fiscal years) (official cost ratio FY 2015: 16.02% Administrative deductions The levy remuneration is distributed to member CMOs representing different categories of TI works, TI of categories different representing CMOs member to distributed is remuneration levy The and surveys the two Colleges on the basis of statistical between the member CMOs of as agreed law (50/50 by copyright set still currently split is distribution levy The main reprography negotiations. scheme (see above). of the reprography in the upcoming review authors/publishers) – this may change Within bodies exist: the Authors’ College and the Publishers’ College, two main distribution Reprobel, both colleges collections. The distribution schemes of net reprography 50% of Reprobel’s each receiving unit for CMOs and a special control by the Minister of the Economy revision subject to approval/prior are bilateral through authors and publishers of foreign distributes the share Reprobel within this Ministry. other CMOs. appropriate, where with other RROs or, agreements of distribution scheme for levies Summary of distribution scheme The reprography equipment levy can be refunded to the person or entity re-exporting the device on to the person or entity re-exporting be refunded equipment levy can The reprography and a of re-export as proof invoices, valid transport documents and sales of purchase production in 2015, representing was refunded euros information sheet. The sum of 922,089 completed and signed invoicing in that year 6.58% of overall equipment Summary of exemption/refund scheme Summary of exemption/refund Collections per capita 2015: Collections • • Scope of levy eight authors’ associations, two publishers’ associations Members: Members: Text and image: and image: Text BBDA Sect. 4 22 rue 4.55 Villa de la Victoire 01 BP 3926 Ouagadougou 01 [email protected] www.bbda.bf RRO(s) administering levy Copyright Law 032/99/AN 22 December 1999 Legal basis for levy 3.1.3 d’Auteur Burkinabé du Droit Bureau • • Distribution • 56 International Survey on Text and Image Copyright Levies 2016 Edition Tariffs perdevice(EUR): • Tariffs • • • • • Collections • • • 40 +cpm Speed 20–40cpm Speed lessthan20copiesperminute Alternative tariff–alldevices MF machines: Printers: Scanners: Fax machines: Copiers: By decree inaccordance witharticle82oftheCopyrightLaw. How are tariffs set? Manufacturers andimporters Who isliabletopaylevy? Yes Operator fee? Levy onmedia?Which? (b) (a) (b) (a) Total collectionspercapita 0.044 million Total levycollectionsfor 2015 (inmillioneuros): to showthelevyoninvoiceend-user. The levyiscollectedfrom importersbycustomsauthorities,notBBDA.However, there isalegalobligation ofthelevy Visibility N/A Operator feetariff(s) N/A Tariffs permedium

N/A Media whichcanbeusedtocopybothaudio/audio-visualandTIworks No Media whichcanonlybeusedtocopyTIworks this hasnotincludedaTIshare. There isalsoalevyforaudio andaudio-visualprivatecopying,administered byBBDA,buttodate, Devices whichcancopybothaudio/audio-visualandTIworks Copiers, faxmachines,scanners,printers,MFmachines Devices whichcanonlycopyTIworks

0.25% ofimportprice 0.25% ofimportprice 0.25% ofimportprice 0.25% ofimportprice 0.25% ofimportprice

appr appr appr ox. ox. ox. €91 €69 €46 International Survey on Text and

Image Copyright Levies 2016 Edition57 competent collective management body. above. publishers and the cultural policy support fund provided for in Section 5(4) (3) Proceeds from private copying of printed works shall be shared equally among the authors, the (3) Proceeds from private copying of printed works shall be shared equally (2) (1) The types of machines subject to a fee and the amount of such fee, as well as the conditions of (1) The types of machines subject to a fee and the amount of such fee, as payment shall be determined by regulation. Cameroon

Levy on devices? Which? 73. The remuneration provided for in this chapter shall be paid by the manufacturer or the importer of 73. The remuneration provided for in this chapter shall be paid by the manufacturer put are machines such when work, printed a of use private for reproduction the for used and machines in circulation in Cameroon. 72. The authors and publishers of printed works shall be entitled to remuneration in respect of the 72. The authors and publishers of printed works shall be entitled to remuneration reproduction for strictly personal and private use. What copying is covered?

the by representatives legal the of on behalf be collected shall chapter this in for provided The fee 74. 5% Social and cultural deductions 25% Administrative deductions Distribution is on a title-specific basis, using surveys in accordance with a ministerial regulation. The with a ministerial using surveys in accordance Distribution is on a title-specific basis, split is 65:35. author-publisher Summary of distribution scheme regarding levies scheme regarding Summary of distribution None Summary of exemption/refund scheme Summary of exemption/refund As mentioned above, the levy is collected by the customs, not BBDA the levy is collected by the customs, As mentioned above, Approximately 0.002 million 0.002 Approximately obtain data to charge levies? How does the RRO • • Scope of levy No information Members: Members: RRO(s) administering levy and image: Text SOCILADRA et des arts dramatiques de la littérature Société civile des droits BP5970 Yaoundé Copyright Law 2000 as amended Legal basis for levy 3.1.4 • • • Distribution • • 58 International Survey on Text and Image Copyright Levies 2016 Edition • Collections • • • Tariffs • • • • • Distribution • • • Total levycollections(inmillioneuros): The invoicetotheimporterisissuedbycustomsofficials,andSOCILADRAnotinvolvedininvoicing. ofthelevy Visibility 5% ofsalepricecopiers Tariffs perdevice(€): decreeBy government How are tariffs set? Manufacturers orimporters Who isliabletopaylevy? No Operator fee? Levy onmedia?Which? (b) (a) (b) (a) 2015: 2015 No information received Administrative deductions equally, withonethird toaStateculturalfund,onethird toauthors,andonethird topublishers. According toSection74(3)oftheCopyrightAct(see above),thelevyremuneration mustbeallocated Summary ofdistributionscheme regarding levies Cameroon, sothere isnoscopeforexemption,andrefund scheme. Under article73oftheCopyrightAct(seeabove)levy ischargedonalldevicesputintocirculation in Summary ofexemption/refund scheme The levyischargedbytheDirectorate GeneralforCustomsinCameroon, notSOCILADRA. How doestheCMOgetdatatochargelevies? Total collectionspercapita

No? Media whichcanbeusedtocopybothaudio/audio-visualandTIworks No Media whichcanonlybeusedtocopyTIworks No Devices whichcancopybothaudio/audio-visualandTIworks Copiers, scanners,faxmachines Devices whichcanonlycopyTIworks

0.005 million 0.124 million

International Survey on Text and

Image Copyright Levies 2016 Edition59 Article 32 3.3.1 Rights to remuneration RIGHT TO REMUNERATION FOR RIGHT TO REMUNERATION REPRODUCTION OF A COPYRIGHT WORK FOR PRIVATE OR OTHER PERSONAL USE WORK FOR PRIVATE REPRODUCTION OF A COPYRIGHT The obligation to pay the appropriate remuneration referred to in paragraph (1) shall arise: The obligation to pay the appropriate remuneration referred to in paragraph The remuneration referred to in paragraph (1) of this Article shall be paid by manufacturers The remuneration referred to in paragraph (1) of this Article shall be for photocopying, of appliances for sound and visual recording, manufacturers of appliances them with and severally and jointly text fixation mediums, video or of blank audio, manufacturers blank audio, video or text importers of appliances for sound and visual recording, photocopying, for private and non- fixation mediums, unless such imports concerns small quantities intended and objects are not commercial use, forming part of personal luggage. If the mentioned appliances importer. produced in the Republic of Croatia, the remuneration shall be paid by the Apart from the right referred to in paragraph (1) of this Article, the authors shall have a right to an Apart from the right referred to in paragraph (1) of this Article, the authors who provides servicesappropriate remuneration to be obtained from a natural or legal person of photocopying against payment. and any other appliances Any other reproduction techniques shall be assimilated to photocopying, visual recording. providing the same effect shall be assimilated to appliances for sound or Where a copyright work may be reproduced without the author’s authorization pursuant to Article Where a copyright work may be reproduced without the author’s to be reproduced without 82 of this Act, the author whose works are, due to their nature, expected mediums, for private authorization, by photocopying or by recording on sound, visual or text fixation upon sale of technical or other personal use, shall have the right to an appropriate remuneration appliances and blank audio, video or text fixation mediums.

Croatia

One third. See above One third. Social and cultural deductions Social and Copyright Law 2003 as last amended 2011. Translated excerpt reproduced by kind permission of ZANA. reproduced excerpt 2011. Translated Copyright Law 2003 as last amended Copying for private and other personal use of a natural person Copying for private and other personal What copying is covered? (5) (4) (3) (2) (1) • • 80 publishers Scope of levy Members: Members: Writers’ DHK, the Croatian of the levy; another society, the publishers’ share Note: ZANA was established in 2007 to administer IFRRO members. this has not yet been implemented. Both DHK and ZANA are However, Association, will administer the authors’ share. Text: Text: ZANA Right Association Publishers’ Reprographic Croatian Amruseval 10 1000 Zagreb CMO(s) administering levy CMO(s) administering Copyright Law 2003 as amended Copyright Law 2003 3.1.5 Legal basis for levy 60 International Survey on Text and Image Copyright Levies 2016 Edition • • Tariffs • Current disputes/issues • • • Other devices:0.9%ofimport price Printers 0.4%ofimportprice Tariffs perdevice(EUR): By negotiation How are tariffs set? Manufacturers andimporters Who isliabletopaytheequipmentlevy? Yes, for copyshops. Operator fee? Levy onmedia?Which? (b) (a) (7) (6) (b) (a) Levy ondevices?Which? architectural structures,unlessotherwiseprovidedbythisActoracontract musical works(hereinafter:sheetmusic),electronicdatabases,cartographicworks,northebuildingof book, unlessthecopiesofsuchbookhavebeensoldoutforatleasttwoyears,graphiceditions and hasnodirectorindirectcommercialpurpose.Itshallnotbepermittedtoreproducethewhole form ofphotocopyingandotherpersonaluseifthiscopyisnotintendedfororaccessibletothepublic A naturalpersonmayreproduceacopyrightworkinanymediumifhedoessoforprivateuse,orthe

photocopying appliances. in respectofthefirstsaleRepublicCroatiaorimport ofnew audio orvideofixationmedia; in respectofthefirstsaleRepublicCroatiaorimportnewblank appliances forsoundandvisualrecording; in respectofthefirstsaleRepublicCroatiaorimportnew No Media whichcanbeusedtocopybothaudio/audio-visualandTIworks No Media whichcanonlybeusedtocopyTIworks No Devices whichcancopybothaudio/audio-visualandTIworks Copiers, faxmachines,scanners,MFmachines Devices whichcanonlycopyTIworks Article. Authors maynotrenouncetherightstoremunerationreferredinparagraphs(1)and(2)ofthis on theinformationnumberofphotocopiesmade. The remunerationreferred to in paragraph (2) of this Article shall be paidin the amount depending REPRODUCTION OFTHEWORKFOR PRIVATE OROTHERPERSONALUSE Article 82 International Survey on Text and

Image Copyright Levies 2016 Edition61

100,000 (ZANA) 65,000 €35,000 € €

Czech Republic

None Social and cultural deductions 30% Administrative deductions ZANA distributes to publishers only. ZANA distributes to publishers only. Summary of distribution scheme regarding levies Summary of distribution scheme regarding Devices destined for re-export are exempt are Devices destined for re-export Summary of exemption/ refund scheme Summary of exemption/ refund There is an obligation in law for manufacturers and importers to report. Data is also obtained through Data is also obtained through to report. and importers is an obligation in law for manufacturers There with the RRO. agreements with trade bodies, or importers have agreements How does the RRO obtain data to charge levies? How does the RRO obtain data to charge €0.028 Total collections per capita Total Total levy collections Total No legal obligation to mention the levy on invoices No legal obligation Visibilitylevy of the The sum of 3.2 euros per month per copier per month The sum of 3.2 euros Operator fee tariff(s) N/A Tariffs per medium Tariffs Total equipment levy collections Total operator fee collections Total 2015 2015 2015 • • • Distribution • • • • Collections • • • Text : Text Dilia Association of Authors Theatrical, Literary and Audio-Visual Agency, Krátkého 1 RRO(s) administering levy Copyright Act 2000, consolidated 2006 3.1.6 Legal basis for levy • • 62 International Survey on Text and Image Copyright Levies 2016 Edition • Scope oflevy 6641 authorsandotherrightholders Members: www.dilia.cz 19003 Prague9 (5) (4) (3) (2) (1) What copyingiscovered? Right toRemunerationinConnectionwithReproductionofWork forPersonalUseand

(c) (b) (a) The personliabletopayremunerationpursuantParagraph(1)shallbe: (b) (a) For worksthatweremadepublicandmaybereproduced: on the probable number of the print reproductions of works made in accordance with Article 30a. Entitlement totheremuneration tobepaidbythepersonsdefinedinParagraph(2) (e)shalldepend is calculatedonthebasisof theaveragepriceofdeviceexclusivevalueadded tax. making printreproductions, theprobablenumberofthesedevicesissetat20%. The remuneration 30a. Forthecalculationof amountoftheremunerationinrespectdevices designatedfor on theprobablenumberof devices designatedformakingprintreproductionsofworks underArticle Entitlement to the remuneration to be paid by the persons defined in Paragraph (2) (b) shall depend (c) (b) (a) import, receivingorfirstsaleof: with thereproductionofaworkforindividualuseshall pertaintotheauthorattimeof Entitlement to remuneration to bepaidby the personsdefined in Paragraph(2)(a)to(d)in connection (e) (d)

the deviceformakingprintedreproductions. shallalsomeanthepersonwhomakesavailable,foraconsideration, paid reproductionservices inthecaseofprintedreproductions;provider of the providerofpaidreproductionservices, producer; fortheidentificationofimporter,written requestaboutthedetailsnecessary consigneeor that personinformedtherelevantcollectiverightsmanagerwithoutunduedelayupon the carrierorforwarderinlieuofliablepersonpursuanttoParagraphs(a)(c),unless the producer, importerorconsigneeofblankrecordcarriers; the producer, importerorconsigneeoftechnicaldevicesformakingprintedreproductions; states oftheEuropeanCommunities(hereinafter“consignee”); from thirdcountries(hereinafterthe“importer”)orconsigneeofsuchdevicesmember the producerofdevicesformakingreproductionsfixations,importersuch work. carriers, theauthorisentitledtoremunerationinconnectionwithsuchreproductionof other fixationorbroadcastingbythetransferthereofmeansofadevicetoblankrecord for personalusebyanaturalperson(Article30)onthebasisofanaudio,audio-visualorany similar base;or trader (Articles30and30a),usingadeviceformakingprintedreproductionsonpaperorother for personalusebyanaturalpersonortheowninternallegalsole Blank recordcarriers. Device formakingprintedreproductions; Device formakingreproductionsoffixations; Legal Person’s OwnInternalUse Article 25 International Survey on Text and

Image Copyright Levies 2016 Edition63 –

Article 30a Reproduction on Paper or Other Similar Base Reproduction on Paper or Other Similar anybody, who upon order, for personal use by a natural person, who upon order, anybody, own internal use makes a or a sole trader’s a legal person’s for who upon order, anybody, technique printed reproduction of a work on paper or other similar base by the photographic is made or by any other process with similar effects, except where a printed reproduction where – in cases of the musical notation of a musical work or dramatico-musical work and timely manner in under Clauses (c) and (d) above – the remuneration is paid in a regular and accordance with Article 25. a natural person who for its own personal use, a natural person who for its own personal their own internal use, a legal person or a sole trader who for

Media which can only be used to copy TI works No Media which can be used to copy both audio/audio-visual and TI works USB sticks CDs, DVDs, Memory cards, Devices which can copy both audio/audio-visual and TI works CD burners, PCs, tablets, e-readers, DVD burners, blu-ray burners, external disks hard Provisions of Article 30 (4) to (6) shall apply mutatis mutandis. Devices which can only copy TI works Copiers, printers, MF machines (c) (d) Copyright is not infringed by: (a) (b) Remuneration shall not be paid where the devices referred to in Paragraph (3) (a) and (b) are exported Remuneration shall not be paid where Also, resale. for or consigned exported are carriers record where blank or for resale consigned or case of devices and blank record carriers if these are intended remuneration shall not be paid in the for the reproduction of works on the basis of license only to be used within the Czech Republic so in the course of their own activities. agreements by persons who use them The MinistryThe “Ministry”)the (hereinafter Culture of devices of types the define to Decree a issue shall types of blank record carriers on which a remuneration is to make print reproductions and the (1) above and also to define amount of the lump-sum to be paid in accordance with Paragraph of device for making the printed reproductions and types remuneration depending on the type shall also define types of devices for making reproductions of of blank record carriers. This Decree to be paid in accordance with Paragraph (1) above; level of this fixations on which a remuneration is to this Act. remuneration is indicated in the Annex The persons referred to in Paragraph (2) above shall submit to the relevant collective rights manager to in Paragraph (2) above shall submit The persons referred always in summary of the following year and not later than by the end for half of the calendar setting the amount of the remuneration, information on the facts relevant for calendar month – received number of the sold, imported or limited to, information on the type and including, but not the and reproductions, printed making for devices fixations, of reproductions making for devices devices printed reproductions made by the and also on the total number of the blank record carriers, reproduction services.for providing paid The rules set out in Points 6 and 7 of the Annex hereto shall apply to the calculation of remuneration to the calculation hereto shall apply and 7 of the Annex set out in Points 6 The rules reproductions made. in respect of the print

(b) (a) (b) (a) (2) (1) (8) (7) (6) Operator fee? Levy on media? Which? Levy on devices? Which? • • • 64 International Survey on Text and Image Copyright Levies 2016 Edition • • TI share, collectedbyCzechMusicCMOOSA • • • • • Collections • • • Tariffs • Operator feetariff(s) TI share, collectedbyCzechMusicCMOOSA Tariffs permedium (b) Based on (a) How doestheRROgetdata tochargelevies? €0.113 Total collectionspercapita €103,299 Total operatorfeecollectionsfor2015 € Total device/mediacollectionsfor2015 €1,197,420 Total levycollectionsfor2015: invoice totheend-user There isnolegal obligation tomention the equipmentlevy on invoices,but many retailers dosoin the ofthelevy Visibility Tariffs perdevice(EUR): By legislationandordinance oftheMinistryCulture How are tariffs set? market. Operatorsofcopyingservices. Manufacturers, importers or intra-communalacquirers, uponfirstbringingthedeviceintonational Who isliabletopaylevy? libraries, ineachcasewhere copyingservicesare madeavailableforafee Yes, coveringcopyshops,schools,highereducationalinstitutions, publicadministration.Businessesand 1,094,121

TI share, collectedbyCzechMusicCMOOSA Devices capableofcopyingbothA/AV andTIworks MF machines: others: Printers: Scanners: Fax machines: Copiers: Devices capableofcopyingTIworksonly € €0.0102/0.0051 perpage(color/BW):libraries,museums,educationalinstitutions 0.0029/0.0015 perpage(color/BW):otheroperators

as copiers inkjet No No €4.36 to245.45 €4.36 to490.91according toimport price

€1.64 to32.73

International Survey on Text and

Image Copyright Levies 2016 Edition65 France

None Social and cultural deductions 10.89 Type of work: a) scientific literature and schoolbooks b) other works and schoolbooks b) other of work: a) scientific literature Type Date of publication Administrative deductions in 2015 Number of pages Type of work: a) scientific works and schoolbooks b) non-fiction literature, poetry and cartographic works non-fiction literature, of work: a) scientific works and schoolbooks b) Type c) other literature National law determines the allocation between different categories of rightholders, otherwise Dilia rules categories of rightholders, the allocation between different National law determines is remainder The art. plastic and visual of authors representing OOAS, to sent is share 15% A apply. that, ‘Royalties Dilia rules provide The by law. publishers as required divided 60:40 between authors and including works, and scientific dramatic literary, of all registration of the basis on the be distributed shall or electronically’ published by printing cartographic works that were Summary of distribution scheme Summary of distribution Dilia permits importers to exclude from their declarations devices destined for re-export, as well as refund as well as refund destined for re-export, their declarations devices to exclude from Dilia permits importers has been re-exported. device on which the levy has been paid that a it is proved of the levy where As to the equipment levy, the Copyright Law imposes an obligation on the manufacturers and importers and on the manufacturers an obligation Copyright Law imposes the equipment levy, As to the or media into the national market the bringing of devices to report scheme refund Summary of exemption/

CFC CFC, Sofia and SEAM are IFRRO members. CFC, Sofia and SEAM are The levy is collected by CopieFrance, www.copiefrance.fr. The remuneration is distributed between three three between is distributed The remuneration www.copiefrance.fr. CopieFrance, by collected is The levy The text college comprises audio, audio-visual, and text/image rightholders respectively. colleges, representing represents which rightholders for text works; and Sorimage, represent Sofia, CFC and SCAM, which receives the share music. Sofia rightholders for word rightholders for visual image works. SEAM represents material. while CFC covers press of rightholders for books and text generally, CMO(s) administering levy Intellectual Property Code as last amended 2012. A L311-1 provides for remuneration to be paid to the authors for remuneration Code as last amended 2012. A L311-1 provides Intellectual Property medium. The on to a digital a legal source and publishers of works for private copying on any medium from for the producers to be paid to authors, performing artists and for remuneration same article also provides to A L 311, the devices and media subject to the private copying of phonograms or videograms. According and made by a government to be determined by a commission chaired representative are levy and the tariffs and importers; and consumers. Since the legislation of the rightholders; manufacturers up of representatives economic and culture consumer, of the representative three 2016, 7, July adopted on of Creation Freedom on governance sit on the Commission. Legal basis for levy 3.1.7 1. 2. 2. 1. • • Distribution to publishers depends on two factors: Distribution to publishers depends on Distribution to authors of registered works depends on two factors: works depends on Distribution to authors of registered • Distribution • 66 International Survey on Text and Image Copyright Levies 2016 Edition • Tariffs • • • • Scope oflevy www.seamfrance.fr 75012 Paris 43 rueduRendez-vous SEAM www.la-sofia.org 75345 Paris 199 bis.,boulevard Saint-Germain Société FrancaisedesIntérêtsAuteursdel’Écrit Sofia www.cfcopies.com Paris 755006 20, ruedesGrandsAugustins Centre Françaisd`exploitation dudroit deCopie How are tariffs set? The manufacturers andimportersofdevicesmedia subjecttothelevy Who isliabletopaylevy? Levy onmedia?Which? (b) (a) (b) (a) Levy ondevices?Which? Private use What copyingiscovered?

Memory cards soldbundledtogether Memory cards Non-dedicated USBkey Micro floppydisc3.5 DVD Ram,RandRW data CD RandRW Media whichcanbeusedtocopybothaudio/audio-visual andTIworks No Media whichcanonlybeusedtocopyTIworks own operatingsystem Multimedia touchtabletswithaplayerfunctionandmobilephoneoperatingsystemoran Mobile phoneswithmusicorvideoplayingfunction MP3/MP4 players multimediahardExternal driveswithaudioand/orvideooutputscomputer Standard hard external drives 15, July7,2016,art.L.311-4§3Intellectualproperty Code). Recorder)NPVR (NetworkPersonalVideo ofTVorRadioonline(LawonFreedom ofCreation, art. Memory andhard drivesincorporatedintoaTV, videorecorder ordecoder phone, tablets,USBsticks,memorycards. TV setwithintegratedhard disc,videorecorder, TVdecoder/ADSLbox,MP3/MP4Walkman, mobile Devices whichcancopybothaudio/audio-visualandTIworks N/A Devices whichcanonlycopyTIworks International Survey on Text and

Image Copyright Levies 2016 Edition67 oximately 229 million euros oximately 229 million euros oximately 16.8 million euros oximately 13.5 million euros oximately 0.68 million euros oximately 11.5 million euros oximately 12.4 million euros Appr Appr Appr Appr Appr Appr

e: e:

Shar T V CFC shar Sofia shar T

Media which can be used to copy both audio/audio visual and TI works Media which can be used to copy both as for devices and image share Text Devices which can be used to copy both audio/ audio-visual and TI works: share of TI works and TI works: share be used to copy both audio/ audio-visual Devices which can and the image share 5% of the total private copy levy, approximately was In 2014 the text share 6% approximately be used to copy TI works Media which can only N/A Devices which can only be used to copy TI works Devices which can N/A

Germany

All the French societies administering the private copy levy are obliged to deduct 25% for cultural obliged to deduct 25% societies administering the private copy levy are All the French purposes by article L321-9 of the IP Code. Social and cultural deductions CFC currently 11%, Sofia 9%. CFC currently Administrative deductions Sofia also distributes to authors and publishers on the basis surveys conducted by Sofia and Sorimage on Sofia also distributes to authors and publishers on the basis surveys conducted private copying by consumers. CFC distributes remuneration to individual authors and publishers on the basis of surveys. CFC distributes remuneration A. L311-7 of the IP Code provides for the remuneration for TI works to be split equally between authors for TI works to be split equally between for the remuneration A. L311-7 of the IP Code provides and publishers Summary of distribution scheme for levies e ofSorimageandotherCMOs: isual image 2015 otal privatecopylevy ext (d) (c) (b) (a) Total TI levy collections (in million euros) 2015: TI levy collections (in million euros) Total The private copying levy paid has to be shown on invoices under the law of December 20 2011, as The private copying levy paid has to 1 April 2014. from 10 2013, in force no. 2013-1141 of December implemented by a decree Visibility of the levy By a special commission (see above) commission (see By a special device (EUR): per Tariffs Based on German Copyright Act 1965 as amended (UrhG) • 3.1.8 Legal basis for levy • • Distribution • Collections • • 68 International Survey on Text and Image Copyright Levies 2016 Edition numbers 1or2applies This appliesinthecasesofsentence1numbers3and4onlyifadditiononeconditions 3. 2. 1. This appliesinthecaseofsentence1number2onlyifaddition:

it isanexclusivelyanalogueuseor having asimilareffector The copyingonpaperorasimilarmediumiscarriedoutbyphotomechanicalprocessother (4) (3) a commercialpurposeeitherdirectlyorindirectly thepublicinterestanddoesnotserve the archiveserves (2) (1)

(b) (a) Reproduction 2. 1. own use: or ofindividualarticlespublishedmadeavailabletothepublicinnewspapersperiodicalsfor It shallbepermissibletomakeorcausemadecopiesofsmallpartsawork,works 4. 3. 2. 1. It shallbepermissibletomake,orcausemade,singlecopiesofawork: having similareffects. medium, effectedbymeansofanykindphotomechanicaltechniqueorsomeotherprocess provided thatnopaymentisreceivedtherefor, orthatitconcerns copyingonpaperorasimilar A person authorized to make such copies may also cause such copies to be made by another person, obviously illegallymadeoravailabletothepublicwasnotusedasbasisforreproduction. for-profitmedium, providedtheydonotserve purposeseitherdirectlyorindirectlyandthatacopy It shallbepermissibleforanaturalpersontomakesinglecopiesofworkprivateuseonany

be donewiththepermissionofrightholders. the teaching.However, copyingofaworkintendedforteachingpurposesinschoolsiscanonly education orininstitutions of vocationaltraininginaquantityrequiredforthoseparticipating in for illustrationinteachingschools,non-commercial institutionsofeducationandfurther (b) (a) for otherpersonal/ownuses, for personalinformationconcerningcurrentevents,inthecaseofabroadcastwork; and providedapersonalcopyoftheworkisusedasmodelforreproduction; to beincludedinpersonalfiles,ifandtheextentthatreproductionforthispurposeisnecessary, commercialpurposes; purpose anddoesnotserve forthis for personal/ownscientificuse,ifandtotheextentthatsuchreproductionisnecessary out ofprintfor atleasttwoyears. accordance withparagraph (2)item2,orforpersonaluseinthecaseofaworkthat hasbeen where notcarriedoutbymanual copying,withtheconsentofcopyrightowner orin of abookorperiodicalinthe caseofessentiallycompletecopies,shallonlybepermissible, of graphicrecordingsmusical works, forthispurpose. extent thatsuchreproductionisnecessary learning andfurthereducationinvocationaltraining intherequiredquantity, ifandtothe for stateexaminationsandinschools,universities, non-commercialinstitutionsof

in thecaseofaworkwhichhasbeenoutprintforminimumtwoyears. newspapers orjournals; in thecaseofsmallpartspublishedworksorindividualcontributions Article 53:Reproductionforprivateandotherpersonal/ownuses: Unofficial translationfrom2008GermanCopyrightLaw

2 International Survey on Text and

Image Copyright Levies 2016 Edition69 Article 54d: Obligation to refer Article 54: Obligation to pay remuneration Article 54: Obligation Article 54b: Liability of dealer or importer to pay remuneration Article 54b: Liability of dealer or importer 54c Liability of operator of copying devices to pay remuneration where a person required to pay the remuneration, from whom the dealer obtains the appliances dealer obtains from whom the pay the remuneration, required to where a person or, or recording mediums, is bound by an inclusive contract concerning the remuneration Article 54h(3) in writing if the dealer notifies the receiving office designated in accordance with and of his source of the nature and quantity of the appliances and recording mediums received of supply by January 10 and July 10 for each preceding half calendar year.

The amount of the total remuneration payable by the operator shall depend on the extent of use of The amount of the total remuneration payable by the operator shall depend and normal application. the appliance which is probable in the circumstances, especially the location Where appliances of the type referred to in Article 54 (1), which are used to copy by means of a of means by copy to used are which 54 (1), Article to in referred type the of appliances Where in schools, universities photographic technique, or by a process having a similar effect, are operated institutions (educational or vocational training institutions or other educational and further education have available appliances institutions), research institutions, public libraries or in institutions which to payment of equitable for the making of photocopies on payment, the author shall also be entitled remuneration from the operator of the appliance. 1. 2. The dealer’s obligation to pay remuneration shall not apply, obligation to pay remuneration shall not The dealer’s The importer shall be the person who introduces the appliances or the video or audio recording The importer shall be the person who into the territorymedia, or causes them to be introduced, to which this Law applies. Where the the importer shall be that a person foreign to that territory, importing is based on a contract with in the territorycontractual party alone who is domiciled to which this law applies. Any person who or the like in the introduction of the goods shall not be acts simply as forwarding agent, carrier from third countries, or causes them to A person who introduces goods considered the importer. of Council 166 with Article accordance warehouse in or a free zone a free be introduced, into 12, 1992 establishing the Community Customs Code (OJ Regulation (EEC) No. 2913/92 of October territorythat in are used items the if importer the be deemed only shall 1) 302, page L they No. if or purposes. are released for free circulation for customs The entitlement under paragraph (1) does not apply in so far as it can be expected from the The entitlement under paragraph (1) make to be used will not this law to media subject or storage the appliances that circumstances reproductions. imports or reimports the appliances or any person who commercially In addition to the manufacturer, storage media into the territory to which this law applies or who deals therein shall be jointly liable. Where the nature of a work makes it probable that it will be reproduced in accordance with Article be reproduced in accordance with of a work makes it probable that it will Where the nature be entitled to the payment of equitable to (3), the author of the work shall 53 paragraphs (1) either and storage media, of a type which, the manufacturers of appliances remuneration from produce media or accessories, are used to with other appliances, storage alone or in combination such reproductions. Paragraph (1) as well as paragraph (2), numbers (2) to (4) and paragraph (3) number (2), shall not apply (3) number (2) to (4) and paragraph (2), numbers (1) as well as paragraph Paragraph accessible by electronic means. Paragraph the elements of which are individually to database works that condition on works database such to apply shall (1) number (3) paragraph and (1) number (2) or the use in teaching does not servethe scientific use commercial purposes.

(2) (1) (3) (2) (1) (2) (1) (5) Invoices for the sale or other placing on the market of appliances or recording mediums referred to in to referred mediums recording or appliances of market the on placing other or sale the for Invoices 1 number 2 of the Law on Article 54(1), in which turnover tax in accordance with Article 14 (2) sentence is to be shown separately shall include a note stating the copyright remuneration payable in Tax Turnover respect of the appliance or recording medium. 70 International Survey on Text and Image Copyright Levies 2016 Edition Both VG WORT andVGBild-Kunst areBoth VGWORT IFRROmembers. Approx. 51,000rightholders Members: www.bildkunst.de Weberstrasse 61,53113Bonn Verwertungsgesellschaft Bild-Kunst(VGBild-Kunst), Image works: 460,197 authors,12,273publishers Members: www.vgwort.de Untere Weidenstrasse 5,81543Munich Verwertungsgesellschaft WORT (VGWORT), Text works: RRO(s) administeringlevy (1) (2) (1) (2) (1) (3) (2) business. disturbanceofthe made available.Theinspectionvisitmustbesoconductedastoavoidunnecessary the worksandbusinesspremiseswheredevices for theproduction of copiesinreturnforpaymentare the authorcanrequireoperatortopermithim,duringnormalworkingorbusinesshours,inspect for the assessment of the remuneration owed by the operator under Article 54c, Insofar as necessary

be takenintoaccountinthedistributionofremuneration. 54 to54c.Works protectedbytechnicalprotectionmeasuresinaccordancewitharticle95ashallnot Each copyright owner shall be entitled to an equitable share in the remuneration paid under Articles society. Claims underArticles54to54c,54e(2)54fand54gmayonlybeassertedthroughacollecting incompletely orotherwiseincorrectly, twicetherateofremunerationmaybecharged. Where thepersonrequiredtoprovideinformationfailssatisfyobligationoronlysatisfiesit appliance inaninstitutionwithinthemeaningoffirstsentenceArticle54c(1). toassesstheremunerationfromoperatorofan The authormayrequireinformationnecessary the Article54b(3)number1.26(6)shallapplymutatismutandis. information shall also extend to naming his sources of supply; it shall also subsist in the cases under to which this law applies. The dealer's obligation to provide put into circulation on the territory 54 orArticle54bastothenatureandquantityofappliancesstoragemediasoldotherwise The authormayrequireinformationfromthosepersonsrequiredtopayremunerationunderArticle incompletely orotherwiseincorrectly, twicetherateofremuneration mayberequired. Where thepersonrequiredtoreportdoesnotsatisfyobligationoronlyso ofeachcalendarmonth. (3) monthlybythetenthdayafterexpiry and quantityoftheitemsimportedtoreceivingofficedesignatedinaccordancewithArticle54(h) which thislawappliesshallhavetheobligationinrespectofauthortoreportwritingnature to Any personwhocommerciallyimportsorreimportsappliancesstoragemediaintotheterritory Article 54h:CollectingSocieties,HandlingofReports Article 54f:Obligationtoprovideinformation Article 54e:Obligationtoreport Article 54g:Inspectionvisits International Survey on Text and

Image Copyright Levies 2016 Edition71 Article 54a of the Copyright Act (unofficial translation): In determining the amount of remuneration, the characteristics of the appliances or storage media In determining the amount of remuneration, the characteristics of the appliances and the storage relevant to their operation, especially the performance capability of appliances capacity and reusability of storage media shall be taken into account. and storage media; The remuneration shall not unreasonably harm the manufacturers of appliances or storage medium. it must be in a reasonable economic relation to the price level of the appliance The remuneration for appliances shall be so determined as to be equitable having regard to the The remuneration for appliances shall be so determined as to be equitable in the appliance or for obligation to pay remuneration for the totality of storage media contained other appliances or storage media which function in conjunction with them. The criterion for the amount of the remuneration shall be to what extent the type of appliance or The criterion for the amount of the remuneration shall be to what extent to 53 (1) according to article is actually used to make reproductions storage medium in question of sense in the mechanisms protection technical which to the extent is consideration A relevant (3). article 95a are applied to the works in question. Media which can only be used to copy TI works Media which can only be used to copy No audio/audio-visual and TI works Media which can be used to copy both disc, memory cards disks, USB, CD/CD Rom, DVD, Blue Ray Hard Devices which can copy both audio/audio-visual and TI works Devices which can copy both audio/audio-visual PCs, CD Burners, CVD Burners, blue ray device, smart phone, tablets, MP3/MP4 devices. Teaching or examination purposes ( small parts/single articles) – §53 (3) or examination purposes ( Teaching only copy TI works Devices which can Photocopiers Multi-function devices Fax machines Scanners Printers Private copying from text and image works (§53 (1) UrhG) text and Private copying from and other own/internal small parts) §53 (2) UrhG) uses (‘single’ copies; normally Archival

What copying is covered? (b) (a) (b) (a) 2. 3. 1. (4) (3) (2) (1) By negotiation with the representatives of the manufacturers or importers – see §13a (1) of the or importers – the manufacturers of By negotiation with the representatives the legislation provides As to the amount of the remuneration, Administration of Copyright Act, below. as follows: How are tariffs set? tariffs How are See §§ 54, 54b UrhG Who is liable to pay levy? Yes, see §54c UrhG Yes, Operator fee? Levy on media? Which? Levy on devices? Which? • Scope of levy • Tariffs • • • • 72 International Survey on Text and Image Copyright Levies 2016 Edition Tariffs perdevicewhichcanonlycopyTIworks(ineuros, plusVAT): Article 39 Article such contractsshallconstitutethetariffs. they administer. Where inclusivecontractshavebeenconcluded,theratesofremuneration agreed uponin Collecting societiesshalldrawuptariffs inrespect oftheremuneration theydemand fortherightsandclaims 38 Article • • Tariff design • translation): The CollectingSocietiesAct(“Verwertungsgesellschaftengesetz” 2016)provides asfollows(unofficial MF machines Printers: Scanners: Fax machines: Copiers: (4) (3) (2) (1) As above. Tariffs formediawhichcanbeusedtocopybothaudio/audio visualworksandTI Tablet are hardburners notcovered computers,external drives,external bythescheme. • • • • January 2011to31December2016are asfollows: for textandimageworksrespectively hasnotyetbeendetermined.Theagreed tariffs fortheperiod1 January 2014.Theshare tobepassedonbythecollectingbody, andVGBild-Kunst theZPÜ,toVGWORT Tariffs are currently subjecttolegaldispute,exceptforPCsonwhichanagreement wasreached in Tariffs perdevicewhich canbeusedtocopybothaudio/audiovisualandTIworks Tariffs

Workstations, from 1January 2014onwards: PCs withascreen sizeunder 12.5inches: Business PCs: Consumer PCs: The collectingsocietyshallinformtheusersaffectedaboutcriteriaapplied. users, includingyouthwelfare. The collectingsocietyshalladequatelytakeintoaccountreligious,culturalandsocialdemandsofthe providedbythecollectingsociety.value ofservices Tariff-setting shallrefertotherespectiveshareofworkusageandtakeintoaccounteconomic references fortheadvantagescompensated. calculation oftariffsmaybeappliedasfarthesemethodsuseadequateandeconomicallyacceptable advantages of rights usages shall be the basis of calculation for tariffs. Other methods of The pecuniary

Laser Inkjet Laser Inkjet Flatbed Manual Laser Thermo orinkjet 40 +ppm 15–39 ppm Speed to14ppm

as copiers 15.00 12.50 5.00 12.50 4.09 10.00 5.00 87.50 50.00 25.00

€3.20 (plusVAT) €8.50 (plusVAT) €3.20 (plusVAT) €10.55 (plusVAT) International Survey on Text and

Image Copyright Levies 2016 Edition73 Total levy Total 284.88 115.20 74.80 86.54 100.96 70.68 479.10 79.31 46.48 1337.95 Total OL Total 2.07 5.82 5.61 5.94 6.24 6.06 6.22 5.99 9.40 53.35 OL VGBK 0.30 1.21 1.00 1.03 0.99 0.96 0.94 0.87 0.94 8.24 OL VGW 1.77 4.61 4.61 4.91 4.81 5.10 5.28 5.12 8.46 44.67 €160 €119 €88 €41.50 per device €163 per device €405 per device

Total EL Total 282.81 109.38 69.19 80.60 94.72 74.62 472.88 73.32 37.08 1294.6

EL VGBK 52.49 31.95 19.22 19.98 25.24 13.50 95.73 12.90 7.12 278.13

EL VGW 230.32 77.43 49.97 60.62 69.48 61.12 377.15 60.42 29.96 1016.47

A right to information on imports—penalty of double remuneration—Article 54(e) UrhG A right to information on imports—penalty of double remuneration—Article importer or dealer—Article 54(f) UrhG the manufacturer, information from A right to request

Copy shops education institute: to higher Depend on proximity Operator fee tariff(s) Operator As to the equipment levy, the Copyright Law provides As to the equipment levy, How does the RRO obtain data to charge levies? 2015 €3.50 Total collections per capita Total Collections for last eight years (in million euros): Collections for last eight years (in million See §54d UrhG above Visibility of the levy Further education institutions (Hochschulen): lump-sum contracts (valid until December13. From January From until December13. contracts (valid (Hochschulen): lump-sum institutions Further education also applies to government-owned per device devices of 405 euros 2014 the HI institutions’ tariff operated in HI.) Schools: lump sum contracts negotiated with state governmentsSchools: lump sum Public Libraries: libraries): HI institutions (including Within 500m + 500m No HI in town against payment: Other outlets for copying 2. 1. As to the operator fee the Copyright Law provides In practice information is obtained under general contracts with organizations representing the representing In practice information is obtained under general contracts with organizations or importers, such as Bitkom manufacturers 2015 2014 2013 2012 2011 2010 2009 2008 2007 Total • • • The sum of 155.5 million euros was collected for printers sold on the market between 2001 and 2007. The and 2001 between market on the sold printers for collected was euros million of 155.5 sum The subject to the with the industry ended an ongoing lawsuit on the question whether printers were agreement subject 2007, also 2001 and sold between for PCs 2015, remunerations In law. old German under the levy still being paid. to the lawsuit, were • Collections • 74 International Survey on Text and Image Copyright Levies 2016 Edition Distribution schemeforlevyremuneration • Distribution • • • following categoriesofworks: Detailed rulesare provided forthedistributionofremuneration intheDistributionPlanaccording tothe The following basic principles must be observed intheDistributionPlan: The followingbasicprinciplesmustbeobserved Distribution ofRevenue Legal basisfordistributionscheme a refund ofthelevyfrom VGWORT. market butsubsequentlysoldtoaconsumerinanotherMemberState,thecross-border sellercanclaim onproductionWORT ofdocumentaryevidence.Equally, where theproduct isplacedontheGerman importers whoare members ofBITKOM,thelevymustbepaid,butarefund canbeclaimedfrom VG Where products are importedintoGermanybutnotplacedontheGermanmarket bymanufacturers or attested bycertificatesfrom chartered accountants. discounted in the to invoices BITKOM sent members, by providedVG WORT the relevant transactions are re-export withoutdistribution withintheGermanmarket,sothatleviesonsuchproducts canbe (BITKOM Service Gesellschaft mbH). This includes data on leviable products imported into Germany for onbehalfofBITKOMmembercompaniesasaserviceproviderdeal withthesupplyofdatatoVGWORT collection ofleviesforthecopyingimagesVGBild-Kunst.BITKOMhassetupanorganizationto products; and (ii) there is good cooperation between BITKOM and VG WORT, which also administers the an organization,BITKOM,whichrepresents about80%oftheimportersandmanufacturers ofleviable In Germany, administrationoftheTI(textandimage)levysystem worksverywellbecause:(i)there is Summary ofexemption/refund scheme Press material Fiction 2. 1. 3. 2. 1. 7. Article 7oftheAdministrationCopyrightActprovidesasfollows(unofficialtranslation):

distribution planshallbeincorporatedinthestatutesofcollectingsocieties. principle thatculturallyimportantworksandperformancesaretobepromoted.Theprinciplesofthe actofdistribution.Thedistributionplanshall conform tothe plan) thatpreventanyarbitrary A collectingsocietyshalldistributetherevenuefromitsactivitiesaccordingtofixedrules(distribution A righttoinspectcopyshops—Article54(g) A righttorequest information from operators—penaltyofdoubleremuneration—Article 54(f)(2) they performaspublishers. The publishersareentitledtoashareoftheincome VGWORTwhich appropriateto theservices (b) (a) assessment anddistributionshallbeappliedtoapproximate thatshare,inwhich As longastheindividualshareaccordingtouseinthis sensecannotbeidentified,generalrulesfor to theuseofhiswork rightholder should receive payment according As long as it is determinable by reasonable means, every

appropriate extent the culturalorartisticsignificanceofworkeachrightholder aretakenintoaccounttoan measurement ofuseand The statutesofVGWORT provide(unofficialtranslation): VG WORT Article 9 International Survey on Text and

Image Copyright Levies 2016 Edition75 5.2%

2.545%; VG Bild-Kunst

Ghana

Administrative deductions Non-fiction books Non-fiction Non-fiction journals publications Digital off-line On-line publications Levy on devices? Which? Section 19 (1) of the 2005 Copyright Law covers private copying. Section 27 (1) provides for a device and 27 (1) provides Section 19 (1) of the 2005 Copyright Law covers private copying. Section be to is levy the (3), 27 Section to According governmentby set be to regulation. tariffs with levy media rightholders the to distributed be must it (7), 27 Section to pursuant and service, customs the by collected for a TI passed in 2010. Although these provide were by an authorized CMO. Implementing regulations and TI works, the levy A/AV used to copy both be and media which can on devices the levy from share on devices which can be used to copy TI works only has not yet been implemented. What copying is covered? 2015: VG WORT maximum 3% (Cultural deduction) and maximum 1% (Social 1.585%, VG Bild-Kunst deduction) Social and cultural deductions 2015: VG WORT • VG Bild-Kunst’s distribution scheme is similar to that of VG WORT. distribution scheme is similar to that of VG Bild-Kunst’s Distribution to foreign rightholders is effected on the basis of bilateral agreements with other RROs. The agreements on the basis of bilateral is effected rightholders Distribution to foreign statistical countries is ascertained through specific Germany of categories of works from extent of copying in for that category of works is paid to remuneration of the distributable share surveys, and the corresponding non-title-specific basis. sister society at least annually on a the foreign Within each category, remuneration is allocated to individual recently-published works on the basis of reports, on the basis of reports, works is allocated to individual recently-published remuneration Within each category, and database information. • • • to the extent the basis of statistical surveys pertaining to each category of work on Remuneration is allocated devices/media. locations, using different category in different copying of each of relevant • • • Scope of levy One authors’ association, one publishers’ associations, one journalists’ association, one photographers’ 8000. is approximately rightholders represented association, one visual artists association. Total Members: Members: Text and image: and image: Text CopyGhana 172, Box LT P.O. Larterbiokoshie, Accra RRO(s) administering levy Section 27 (1) provides for a device and media levy with tariffs to be set by set be to tariffs with levy media and device a for provides (1) 27 Section 690). (Act 2005 Act Copyright 27 (3), the levy is to be collected by the customs division of to Section government According regulation. is has to be distributed to the rightholders by an and pursuant to Section 27 (7) Ghana Revenue Authority, in 2010. passed were authorized CMO. Implementing regulations Legal basis for levy 3.1.9 • 76 International Survey on Text and Image Copyright Levies 2016 Edition • • • • Collections • • • • • Tariffs • • • but thisisnotcommoninGhana. There isnorefund scheme. There isprovision in Article 17 for devices or media destined for re-export to be exempted from the levy, Summary ofexemption/refund scheme N/A asthelevyiscollectedby thecustomdivisionofGhanaRevenueAuthority How doestheCMOgetdatatochargelevies? €0.02 Total collectionspercapita 2015 €519,271 2014 €467,834.66 Total levycollections: There isnolegalobligationtoshowthelevyonanyinvoices ofthelevy Visibility N/A Operator feetariff(s) As fordevices Tariffs permedium 20% ofthecost,insuranceandfreight value Tariffs perdevice(EUR): By regulation How are tariffs set? Manufacturers orimporters Who isliabletopaylevy? No Operator fee? Levy onmedia?Which? (b) (a) (b) (a)

CDs, DVDs,hardmemorycards, discs(external), USBsticks Media whichcanbeusedtocopybothaudio/audio-visualandTIworks No Media whichcanonlybeusedtocopyTIworks MP3/MP4players,mobilephones,smartphones DVDburners, CD Burners, Devices whichcancopybothaudio/audio-visualandTIworks Not yetimplemented Devices whichcanonlycopyTIworks International Survey on Text and

Image Copyright Levies 2016 Edition77 Distribution of levies paid Distribution of levies Reproduction for Private Use Section 19 of the Copyright Regulations 2010 provides as follows: Copyright Regulations 2010 provides Section 19 of the for holders of literary rights works visual authors; and (i) forty-two percent to authors including (ii) twenty-eight percent to publishers. for holders of audio-visual works rights; (i) thirty-five percent to producers; and (ii) twenty-one percent to performers; works; (iii) fourteen percent to authors of audio-visual six percent to the Copyright Office. for holders of audio works rights, or publishers (i) twenty-eight percent to composers and (ii) twenty-one percent to producers; (iii) twenty-one percent to performers; ten percent for cultural activities to be collectively administered by the collective administration by the collective administration activities to be collectively administered ten percent for cultural societies societies administrative purposes of collective ten percent for the Customs Excise and Preventive Service,four percent to the and

The Minister shall distribute the levies collected in furtherance of regulation 14 as follows: the levies collected in furtherance The Minister shall distribute (c) the allocation made to the society to its members. Each society shall set out rules to distribute (b) (d) seventy percent equally among the various rights groups The Minister shall distribute the remaining to be shared as follows: (a) (a) (b) (c) for a person to make a reproduction of a lawfully published work for his own private use, without of a lawfully published work for his own private use, for a person to make a reproduction shall not include use by an the consent of the author and without payment. The term ‘private use’ enterprise, a service or an organization. W

Greece

Summary of distribution scheme regarding levies scheme regarding Summary of distribution (1) inthefollowingparagraphs,itshallbepermissible laiddown totheprovisions ithout prejudice (3) (2) (1) None Social and cultural deductions 25% Administrative deductions

• Distribution Copyright Act 1993 as amended Article 18: Legal basis for levy 3.1.10 19. • • CopyGhana distributes its share of the levy remuneration to the member associations representing different different to the member associations representing of the levy remuneration CopyGhana distributes its share these regulations. with categories of rightholders in accordance 78 International Survey on Text and Image Copyright Levies 2016 Edition • Scope oflevy 4,220 writersand679publishers Members: www.osdel.gr 10683 Athens 73, ThemistokleousStreet, Greek CollectingSocietyforLiteraryWorks OSDEL Text andimage: RRO(s) administeringlevy If, for the free reproduction of the work, use is made of technical media, such as recording equipment Private use What copyingiscovered? reproduction byphotocopy. The conceptof‘photocopyingmachinesordevices’alsoincludesanymulti-machinecapable As amendedbyarticle14(1)ofLawNo.3049/2002 (3) (2) or otherrecordeddevicesforsoundimageandimage. 25% totheperformersorperformingartistsand20%producersofrecordedmagnetictapes (diskettes) oflessthan100milliondigits,isdistributedasfollows:55%totheintellectualcreators, main computer unit (6%), as well as digital reproduction devices, with the exception of storage media devices andsoundorimagedevices,partsnotincorporatedinthe intellectual creators and editors. The remuneration collected for the import or production of recording media (diskettes)oflessthan100million digits andscanners(4%)isdistributed in half between the remuneration collectedfortheimportorproductionofphotocopymachines,paper, storage ofbeneficiaries. The ofCultureandcovering in whole or inparttheconcerned category Ministry and isnotedintheinvoice;itcollectedbycollectingsocietiesoperatingwithapprovalof distribution fromthefactory. Theremunerationispaidbytheimportersorproducersofsuchitems of lessthan100milliondigits(lessMB).Inanyevent,thevalueiscalculatedonimportor the photocopymachines,scanners,paperandstoragemedia(diskettes)withacapacity storage media/diskettesoflessthan100milliondigits(lessMB)—andat4%thevalue of soundorimageandaswelldigitalreproductiondevices—withtheexception unit (withtheexceptionofscanners),magnetictapesorotherdevicessuitableforreproduction including devicesorpartsnotincorporatedsusceptibletoincorporationinthemaincomputer set at6%ofthevaluedevicesforreproductionsoundorimageandimage, related rightsunderthisprovision,withtheexceptionofassetstobeexported.Theremunerationis photocopy paper, equitable remuneration is due to the creator of the work and the beneficiaries of MB), storagemedia/diskettesoflessthan100milliondigits(lessMB)—photocopymachines, CD-RW, CD-R,portableopticalmagneticdiscswithacapacityofmorethan100milliondigits(over reproduction ofsoundorimageandimage,includingdigitaldevices—suchas to orfromanalogmedia(withtheexceptionofprinters),magnetictapesotherdevicesfor unit operatinginconjunctiontherewith,usedsolelyfordigitalreproductionortranscription for soundorimageandimage,equipmentpartsincorporatednotinthemaincomputer and notably: likely toconflictwithnormalexploitationoftheworkorprejudiceauthor’s legitimateinterests, ) The freedomtomakeareproductionforprivateuseshallnotapplywhentheactofis (b) (a)

number ofcopies,orwhenthereproductionisagraphicalrepresentationmusicalwork. when technicalmeansareusedtoreproduceafineartworkwhichcirculatesinrestricted when thereproductionisanarchitecturalworkinformofabuildingorsimilarconstruction; International Survey on Text and

Image Copyright Levies 2016 Edition79 0.83 3.11 0.98

Media which can only be used to copy TI works sale price Photocopy paper: 4% of import price or manufacturer’s Media which can be used to copy both audio/audio visual and TI works sale price (100% allocated to A/AV) Digital storage media: 6% of import price or manufacturer’s Devices which can be used to copy both audio/ audio-visual and TI works: share of TI works share Devices which can be used to copy both audio/ audio-visual and TI works: Devices which can only be used to copy TI works Devices which can only be used to copy Copiers: 4% of import price Fax machines: N/A Scanners: 4% of import price Printers: N/A MF machines: 4% of import price Media which can be used to copy both audio/audio-visual and TI works Media which can be used to copy both As for devices Media which can only be used to copy TI works Media which can only Photocopying paper Devices which can only copy TI works Devices which can scanners Photocopiers, MF machines, works copy both audio/audio-visual and TI Devices which can works only. for A/AV on various other devices but this is distributed is a private copy levy There litigation concerningphones mobile phones and smart is current There

Levy on devices? Which? Levy on devices? 2015 2014 2013 (b) (a) (b) (a) (b) (a) (b) (a) Total levy collections for last seven years (in million euros): Total The levy is shown on invoices through the supply chain The levy is shown on invoices through Visibility of the levy Tariffs per device (EUR): Tariffs per medium Tariffs In primary legislation/copyright law How set? Manufacturers, importers or intra-communal acquirers importers or intra-communal Manufacturers, Who is liable to pay levy? No Operator fee? Levy on media? Which? • • Collections • • • • Tariffs • • • 80 International Survey on Text and Image Copyright Levies 2016 Edition • Distribution • • • availability. which provide fortitle-specific distribution toindividual authors andpublishers onthebasis ofobjective The author-publisher splitissetbylawat50:50.Otherwisedistribution isaccording totherulesof OSDEL, Summary ofdistributionscheme regarding levies than privatepurposescanclaimarefund. The levyischargedonalldevicesenteringtheGreek market,butenduserswho useadeviceforother Summary ofexemption/refund scheme (6) (5) (8) (7) 2009 2010 2011 2012 (4) 18 (4)oftheCopyrightAct– CMOs are entitledtorequest thoseliabletopaythelevyprovide astatutory statementunderArticle How doestheRROgetdatatochargelevies? 2015 €0.09 Total collectionspercapita

collecting societies. There cannot be carried out a new investigation for the same statement at the request of other is submittedtotheCopyrightOrganizationandeachcollecting societyisentitledtoreceiveacopy. district court may order it to in accordance with the above. The report ofthe certified accountant Organization. Incasethedebtorrefusestocomplywith thesaidinvestigation,one-member statementbyacertifiedaccountantappointed bytheCopyright of thecontentsanystatutory collectingsociety,Every atitsowncost,isentitledtorequesttheinvestigationofaccuracy statement. statutory month.Inthiscase,theprovisionsofpreviousparagraphapplyfor every statement every any othersanction,andthecollectingsocietyisentitledtorequestsubmissionofastatutory statement,thetimelimitofsixmonthsislifted regardlessof the obligationtosubmitstatutory If withintwentydaysfromthepublicationofsaidcourtorder, thedebtordoesnotcomplywith million drachmaswillbeimposedinfavoroftheapplicantcollectingsociety. fine of one to ten statement; in case of non- compliance, a pecuniary submission of the statutory the one-memberdistrictcourt,byprocedureofinjunctionmeasures,mayorderimmediate statementreferred toabove, If thedebtordoesnotcomplywithobligationtosubmitstatutory statement beforethelapseofatleastsixmonthsfromsubmissionpreviousone. The collectingsocietiesarenotentitledtorequestthesamedebtorsubmitanewstatutory (b) (a) statementofLaw1599/1986totheCopyrightOrganization: the followingbystatutory collectingsocietyisentitledtorequestatanytimedebtor,Every bywrittennotification,todeclare

1.99 2.88 2.50 2.57 if acompany. which shouldbesignedbythedebtor, representative, ifapersonalenterprise,orthestatutory statementtotheCopyrightOrganization the debtorisobligedtosubmitsaidstatutory onemonthfromthenotification, that thisistherealtotalvalue,withoutanyomissions.Within technical meansusedforthereproductionofsoundwhichheimportedormadeavailableand or audio-visualrecordings,photocopiermachines,paper, computersorother the totalvalueofsoundorvisualaudio-visualrecordingequipment,

International Survey on Text and

Image Copyright Levies 2016 Edition81 Devices which can copy both audio/audio-visual and TI works subject to the private copying levy and collected by ARTIJUS but this is for The following devices are audio/audio-visual private copying only: mobile phones, smart phones Tablets, Devices which can only copy TI works Copiers, printers, MF machines

Hungary

17,5% Social and cultural deductions Social and cultural 30% Administrative deductions Administrative Levy on devices? Which? Articles 33-35 of the Hungarian Copyright Act provides for exceptions to private copying Articles 33-35 of the Hungarian Copyright Act provides What copying is covered? (b) (a) • • • • Scope of levy four associations: (musical authors and publishers) ARTISJUS MASZRE (book authors and publishers) (visual artists) HUNGART REPRPRESS (newspaper and periodical publishers) Members: Members: Text and image works: and image works: Text HARR Rights Hungarian Alliance of Reprographic Pálya u. 4-6 Budapest 1012 www.reprografia.hu CMO(s) administering levy Article 21-22 of the Copyright Law provides for the collection of equipment and operator levy under the provides Article 21-22 of the Copyright Law Fees shall be paid by the manufacturers Directive. and private copying exception of the Copyright reprography fees shall be paid by those of manufacturing abroad, and, in case of equipment being used for reprography such equipment. In the absence of an obligation to pay custom obliged to pay custom duties for importing into Hungary and also the first domestic distributor any natural and legal person bringing such equipment duty, fees Moreover, remuneration. paying reprographic equipment shall be universally liable for of reprographic persons who operate such equipment for profit. shall be paid by any legal entity or natural The new CMO Law replaces the 85 – 95/P sections of the old Copyright Law. In practice, it means that from In practice, it means that from of the old Copyright Law. the 85 – 95/P sections The new CMO Law replaces Thus, it Law. the new in be found will copyright of management collective to related regulations all now on RRO (HARR) as well. the operation of the Hungarian generally regulates The 2016 XCIII Law on Collective Administration of Copyright and Related Rights (CMO law), implementing and Related Rights (CMO law), on Collective Administration of Copyright The 2016 XCIII Law the 1999. LXVII Law on Copyright At the same time recently. was enacted in Hungary the EU's CRM Directive, was amended as well. 3.1.11 Legal basis for levy 82 International Survey on Text and Image Copyright Levies 2016 Edition • • • • Tariffs • • • • (Per machinepermonth,dependingonlocationandspeed) • Tariffs permedium Tariffs perdevice(EUR): the collectingRRO,butare subjecttoapproval bytheMinisterofJustice In thecaseofequipmentlevy, theupperlimitoftariff issetbylaw. Otherwisealltariffs are setby How are tariffs set? Manufacturers, importersor intra-communalacquirers, operators Who isliabletopaylevy? Yes, butonlypayablebyinstitutionswhichmakecopymachines availabletothepublicagainstpayment Operator fee? (b) (a) Others: Libraries andpublicinstitutions: Higher education: Retail shops: Copy shops: (b) (a) (b) (a) No legalobligationtoinclude thelevyoninvoices ofthelevy Visibility Levy onmedia?Which?

CDs, DVDs,BRdiscs,hard discs,memorycards, USBsticks but onlyforaudio/audio-visualprivatecopying: The followingmediaare subjecttotheprivatecopyinglevyandfundsare collectedbyARTIJUS Media capableofcopyingbothA/AV worksandTI N/A Media capableofcopyingTIworksonly N/A Devices capableofcopyingA/AV andTIworks MF machines:2%ofimportprice Printers: 2%ofimportprice Scanners: N/A Fax machines:N/A Copiers: 2%ofimportprice Devices capableofcopyingTIworksonly CDs, DVDs,BRdiscs,hard discs, memorycards, USBsticks audio/audio-visual privatecopyingonly: The followingmediaare butthisisfor subject totheprivatecopyinglevyandcollectedbyARTIJUS Media whichcanbeusedtocopybothaudio/audio-visualandTIworks N/A Media whichcanonlybeusedtocopyTIworks Operator feetariff(s) (1euro =310Hungarianforint)

€2.60 to9.70 €3.90 to12.00 €26.50 €2.90 to29.70 €6.50 to39.70 International Survey on Text and

Image Copyright Levies 2016 Edition83

0.775 million. 0.511 million 1.286 million

Total levy collections (in million euros): Total None Social and cultural deductions 20% HARR distributes the collected funds according to the agreement of its member associations which each of its member associations to the agreement HARR distributes the collected funds according to their own rules. further distribute the money according Administrative deductions There is no author-publisher split determined by national law. The introduction of new provisions of new provisions The introduction law. split determined by national is no author-publisher There by the levy system administered framework of the reprography constitutes a major alteration to the acknowledges only authors as Hungarian RRO (HARR) and its member organizations. The new legislation status. While to claim share” original rightholders but, at the same time, grants publishers the “entitled of the fair compensation collected under fee is continuous, publishers’ share collection of the reprographic of is bound to an agreement of the Copyright Directive copying exception and private the reprography agreement, is no such (publisher). Since there rightholders (authors) and entities entitled to claim share is only due for authors. remuneration reprographic Summary of distribution scheme re levies Summary of distribution scheme re The Copyright Act provides for exemption in case of re-export. However, as the main distribution centers distribution main the as However, re-export. of case in exemption for provides Act Copyright The If a device is imported and few claims arise in practice. located outside Hungary, are for central Europe of successful HARR. The number from the original importer can claim a refund later sold cross-border, to that company. in the next monthly invoice claims is then credited As to the operator levy, operators are obliged to report use of machines, and on-the-spot inspections are on-the-spot inspections are use of machines, and obliged to report operators are As to the operator levy, also possible. scheme Summary of exemption/ refund As to the equipment levy, manufacturers, importers and other distributors are obliged to report to HARR. obliged to report are importers and other distributors manufacturers, As to the equipment levy, How does the RRO obtain data to charge levies? How does the RRO obtain data to charge €0.13 Total Operator fee collections Total collections per capita Total Total device/media collections Total 2015: 2015: 2015: • Collections (1 EUR = 310 HUF) Collections • • • Distribution • • • • • 84 International Survey on Text and Image Copyright Levies 2016 Edition • • • • • Scope oflevy a onethird share ispassedtoAssociationLATGA asrepresenting authors,asrequired bylaw. The levyondevices/mediawhichcancopybothA/AV andTIworksiscollectedbyAGATA, audio-visual works,961visualartsauthors,sevencollectivemembers 4256 rightholders:2049musicworksauthors,publishersandlyricists;1239authorsofdramatic,literary Members: www.latga.lt 0118 Vilnius J. Basanaviciausstr. 4B Agency ofLithuanianCopyrightProtection Association Association LATGA (IFRROmember) Text andimage: RRO(s) administeringlevy Copyright Law2012asamended;regulations onreprography remuneration February62002 Legal basisforlevy 3.1.12 Wholesale distributors Manufacturers, importersorintra-communalacquirers Who isliabletopaylevy? libraries whichprovide copyingservicesagainstpayment. Yes (collected by Association LATGA). Copy shops, schools, universities, further education institutions, Operator fee? On media?Which? (b) (a) (b) (a) Levy ondevices?Which? Private use What copyingiscovered?

Lithuania

CDs, DVDs,hard discs,memorycards, USBsticks(collectedbyAGATA) Media whichcanbeusedtocopybothaudio/audio-visualandTIworks No Media whichcanonlybeusedtocopyTIworks smart phones(collectedbyAGATA) MP3/MP4players,mobilephones, BRburners, DVDBurners, PCs, tablets,EReaders,CDBurners, Devices whichcancopybothaudio/audio-visualandTIworks Copiers, MFmachines(collectedbyAssociationLATGA) Devices whichcanonlycopyTIworks www.agata.lt and International Survey on Text and

Image Copyright Levies 2016 Edition85 Levy in percentage 1.8–2.00% 1.8% 1.9% 2.00% 2.7–3.00% 2.7% 2.85% 3.00% 0.6–0.7 % 0.6 % 0.65 % 0.7 % 0.9–1.00 % 0.9 % 0.95 % 1.00 % Capacity (from 12 to 23 copies per minute) (from 12 to 23 copies per minute) (from 24 to 45 copies (from 46 to 90 copies per minute) (from 12 to 23 copies per minute) (from 24 to 45 copies per minute) (from 46 to 90 copies per minute) (from 12 to 23 copies per minute) (from 24 to 45 copies per minute) (from 46 to 90 copies per minute) (from 12 to 23 copies per minute) (from 24 to 45 copies per minute) (from 46 to 90 copies per minute)

Equipment 52,079 37,186 €14,893 € €

Multifunctional devices making color copies Multifunctional devices making black and white copies Color copiers Non color copiers € 0.02 Total collections per capita Total Tariffs per device (%) (translation reproduced by kind permission of Association LATGA): by kind permission device (%) (translation reproduced per Tariffs In primary legislation are tariffs set? tariffs How are Total levy collections Total device/media collections Total operator fee collections Total There is a legal obligation to show the equipment levy on the invoice from the first seller legal obligation to show the equipment levy on the invoice from is a There Visibility of the levy From 0.72 to 8.44 euros per copier depending on capacity to 8.44 euros 0.72 From Operator fee tariff(s) 2015 2015 2015

4. 3. 2. 1. • • • Tariffs • • Collections • • • Note: The rate is determined as a percentage (as provided in this Annex) of reprographic facilities introduced into the national market, facilities introduced Annex) of reprographic in this (as provided Note: The rate is determined as a percentage tax. based on the first sales price before territory, into the national in the Republic of Lithuania or brought manufactured 86 International Survey on Text and Image Copyright Levies 2016 Edition • • 1. 23. Article (authorizing CopyrightPolska,formerlyknownasPolska Ksi of Culture andArtsAugust16,1995November20,2003(authorizingKOPIPOL) andMarch 10,2003 Act of February 4, 1994 on copyright and related rights, as amended, Article 20. Decisions of the Minister Legal basisforlevy 3.1.13 • Distribution • • support ofrightholders. The lawrequires 25%ofthelevycollectionstobepassedMinistryCulture, whichusesitforthe Social andculturaldeductions 35% Administrative deductions (Text-image share 8%ofauthorshare, 2.66%share oftotallevy) Drama authors Text authors Image authors Audio/audio-visual authors Music authors from AGATA, isdistributedbyAssociationLATGA, basedonpopulationsurveys,asfollows: The levyremuneration from devicesandmediawhichcanbeusedtocopyA/AV andTIworks,received Publishers Journalists Image authors Fiction authors Non-fiction authors only beusedtocopyTIworks,andtheoperatorfee,isdistributedbyAssociationLATGA asfollowings: bylegislationandtherulesofAssociationLATGA.Distribution isgoverned Thelevyondeviceswhichcan Summary ofdistributionschemeregarding levies accounted for3.64%ofcollectionsin2015. The levycanberefunded byAssociationLATGA onre-export orprofessional use.However, thisonly Summary ofexemption/refund scheme Through theobligationon manufacturers andimporterstoreport containedin thecopyrightlaw How doestheRROgetdatatochargelevies?

Poland 2. scientific usenotconnected withanyprofit-makingpurposes. and touseelectronicdatabases possessingthefeaturesofapiecework,except for personal based onotherauthors'architecturalworksaswell architectural andurbanplanningworks the permissionofauthor. Thisprovisionshallnotauthorizethemakingofconstructions It shallbepermittedtousealreadypublishedworksfree of chargeforpersonalpurposeswithout personal relationships,and in particularanyconsanguinity, affinityorsocialrelationship. The scopeofpersonaluseshall includeuseofsinglecopiesworksbyacirclepeople having

1% 3% 5% 24% 67% 10% 15% 15% 20% 40% Poland 1994(2010):WIPO ąż ka). International Survey on Text and

Image Copyright Levies 2016 Edition87 amount received in the form of fees from the sale of reprographic devices as well as well as devices reprographic of the sale from fees of the form in amount received amount received in the form of fees from the sale of video recorders and other similar similar other and recorders video of sale the from fees of form the in received amount 50% – to artists; 50% – to publishers. 25% – to artistic performers; 25% – to producers of phonograms. 35% – to artists; 25% – to artistic performers; 40% – to producers of videograms. 50% – to artists;

(2) (3) (1) (1) (2) (1) (2) (3) collective management organizations, associations of authors, artistic performers, collective management organizations, associations of authors, artistic publishers as organizations of producers of phonograms, producers of videograms and carriers listed in well as organizations of producers or importers of the devices and blank carriers as well paragraph 1, shall define, by way of a regulation: categories of devices and and carrier as the fees referred to in paragraph 1, on the basis of the capacity of a device reproduction to reproduce works, and the intended use thereof for functions other than as the collective of works; the manner of collection and distribution of the fees as well management organizations authorized to collect such fees. blank carriers related thereto, shall be distributed as follows: blank carriers related thereto, shall be devices as well as blank carriers related thereto, shall be distributed as follows: devices as well as blank carriers related devices as well as blank carriers related thereto, shall be distributed as follows: devices as well as blank carriers related The Minister in charge of culture and protection of the national heritage, having consulted The Minister in charge of culture and protection of the national heritage, having The The The amount received in the form of fees from the sale of tape recorders and other similar The amount received in the form of fees blank carriers used for recording, for personal use, works or objects of related rights, with use, works or objects used for recording, for personal blank carriers 2 shall liable to pay to the collective listed in subparagraphs 1 and the help of the devices performers, 5 which act on behalf of artists, in paragraph specified management organizations fees at not more than 3% of the and videograms, and publishers, producers of phonograms the sale of those devices and carriers. amount due from of tape recorders, video recorders and other similar devices; of tape recorders, devices which allow to make copies and other similar reprographic of photocopiers, scanners published work; of all or a part of a 5. 4. 3. 2.

relating to reproduction of works for the personal use of third parties, shall be obliged to pay, be obliged to pay, relating to reproduction of works for the personal use of third parties, shall generated from through a collective management organization, fees up to 3% of proceeds on the basis of a such activities, to authors and publishers, unless the reproduction is done Such fees shall be paid to authors and publishers on a 50:50 contract signed with a rightholder. basis. Any collective management organizations, associations of authors and publishers as well as the collective management organizations, associations of authors and publishers the fees referred to in respective chambers of commerce, shall define, by way of a regulation, use in all of the paragraph 1, taking into account the share of works reproduced for personal the fees. It shall also reproduced materials and the manner of collection and distribution of to collect such designate the organization or collective management organizations authorized fees. The Minister in charge of culture and protection of the national heritage, having consulted The Minister in charge of culture and protection of the national heritage, (3) (1) (2) 2. . 1. activities economic conducts and reprographic devices any of possession in is who person 1 Article 20. 1. Producers and importers of: 1. Producers and Article 20. Article 20

88 International Survey on Text and Image Copyright Levies 2016 Edition • • • Scope oflevy jointly withthePolishChamberofPress Publishers)ofitsshare oftheleviestoSWRepropol. formula approved bytheboard ofdirectors ofCopyrightPolska,takingintoaccounttheresults ofannualprivatesurveysundertaken Copyright PolskaandSWRepropol, CopyrightPolskatransfersapproximately 30%(theexactfigure dependsontheannualsplit stipulated inArticle20(4)ofthePolishCopyrightActbyMinistryCulture andNationalHeritage.Byagreement between Note: equipmentandoperatorfeesare collectedbyKOPIPOLandCopyrightPolska,eachaccountingfor50%ofthelevies,as Copyright Polska(formerlyasKsi Text andimage: 75 authorassociations,fourpublisherassociations Members: www.kopipol.pl 25-312 Kielce Warszawska 30lok.19 KOPIPOL Text andimage: RRO(s) administeringlevy SW Repropol (notIFRROmember) Press material: 76 authorsandauthors’associations,36publisherspublishers’associations Members: www.copyrightpolska.pl 31-047 Krakow Ul. Sarego 2 Levy onmedia?Which? (b) (a) (b) (a) Levy ondevices?Which? Private use What copyingiscovered?

reprographic devices’thatmaybeusedtomakecopiesofapartorwholepublishedwork. lobbying forashare inthislevy. Polska, butbyCMOsrepresenting rightholdersintheaudio-visualsector. TheTIRROsare currently cards, andUSBsticks,butthere isnoTIshare. Thislevy isnotcollectedbyKOPIPOLorCopyright The audio/audio-visualprivate copyinglevyappliestoCDs,DVDs,Blu-raydiscs,hard discs,memory Media whichcanbeusedto copybothaudio/audio-visualandTIworks A3 andA4paper. Media whichcanonlybeusedtocopyTIworks the audio-visualsector. This levyisnotcollectedbyKOPIPOLorCopyrightPolska, butbyCMOsrepresenting rightholdersin andMP3players. DVDburners, The audio/audio-visualprivatecopyinglevyappliestoCD burners, Devices whichcancopybothaudio/audio-visualandTI works Article Copiers, faxmachines,scanners,printers,MFdevices,largeformatdevices. Devices whichcanonlycopyTIworks 20(1)(2) oftheCopyrightActprovides foralevyon‘photocopiers,scannersandothersimilar ąż ka) International Survey on Text and

Image Copyright Levies 2016 Edition89 Copyright Polska: 2.34 Copyright Polska: 2.23 Copyright Polska: 2.234 Copyright Polska: 2.21 Copyright Polska: 2.25

1–2% of sales price 2–3% of sales price 1.5% of sales price 2.8–3% of sales price up to 1% of sales price 3% of sales price

2.202 2.216

4.436 KOPIPOL: 2.09 4.31 KOPIPOL: 2.19 4.35 KOPIPOL: KOPIPOL 4.46 KOPIPOL: 2.12

up to 25%: 1% of copying turnover 26–75%: 1.5% of copying turnover over 75%: 3% of copying turnover

− − − − − − Tariffs per device (EUR): Tariffs By the Minister of Culture and National Heritage. and Culture By the Minister of How are tariffs set? tariffs How are Producers and importers of devices and media which can be used to make copies for private use. devices and media which can be used and importers of Producers Who is liable to pay levy? Who is liable to pay The law provides for any person who makes a copying device available to third parties for copying for copying for parties to third available device copying a makes who person any for provides law The copy shops. collected from the operator fee. In practice, this is only private use to pay Operator fee? Operator ) device/media collections for last six years (in million euros Total Depends on the proportion of copyright-protected material in total material copied in a copy shop: material of copyright-protected Depends on the proportion Operator fee tariff(s) Printing paper: 1.25% of sales price Tariffs per medium Tariffs 2013 2014 Total: Total: Total: 2015 2014 Total: 2015 Total: Scanners: Printers: MF devices: Large format devices: Copiers: Fax machines: Total levy collections (EUR million): Total There is no legal obligation to show the levy on invoices. is no There Visibility of the levy • • Tariffs • • • • • • Collections • 90 International Survey on Text and Image Copyright Levies 2016 Edition • • • • Distribution • • • 2014 Total: 2015 2009 2010 2011 2012 Total: Total: Total: Total Operatorfeecollections None madeby KOPIPOLorCopyrightPolska. Social andculturaldeductions Copyright Polska: KOPIPOL: Administrative deductions and 30%topress (SWRepropol). Copyright PolskaandSWRepropol, 70%ofthepublishershare isallocatedtobooks(CopyrightPolska) Copyright Actprovides fora50:50author-publisher splitoflevyremuneration. Byagreement between authorization andsupervisionbytheMinisterofCulture andNationalHeritage.Article20.4ofthe The distribution scheme is determined by the CMOs administering the levy, which are subject to Summary ofdistributionschemeregarding levies under theprovisions oftheCivilCoderelating tounjustenrichment. There isnoprovision forexemptionorreimbursement inthelegislation,butarefund couldbeclaimed Summary ofexemption/refund scheme to documents,determineremuneration owedbyliableparties. Under Article105.2oftheCopyrightAct,CMOsmaydemandsubmissioninformation,andaccess How doestheRROgetdatatochargelevies? 2015 Total collectionspercapita 2013: 12.88% 2014: 12.77% 2015: 12.93% 2013: 10% 2014: 10% 2015: 25%

4.64 0.76 1.39 1.80

KOPIPOL: 23,000 KOPIPOL: 4.53 0.12 42,000 28,982

13,982

Copyright Polska:19,000 Copyright Polska:

15,000 International Survey on Text and

Image Copyright Levies 2016 Edition91 Media which can be used to copy both audio/audio-visual and TI works as for devices Yes, Devices which can copy both audio/audio-visual and TI works has yet been assigned to the private copying of TI works however no share Yes, Media which can only be used to copy TI works No, paper is specifically excluded Devices which can only copy TI works devices. digital excluded and only, devices analog on levy a for provided legislation the recently Until this meant that the equipment levy is not being exist anymore, analog devices hardly As purely which set levies for a implemented. This situation was changed by the law passed in June 2015 to private copying wide range of digital devices and media in relation

Portugal

Levy on devices? Which? Private use (equipment levy) What copying is covered? (b) (a) (b) (a) Manufacturers and importers. Manufacturers Who is liable to pay the equipment levy? Yes, for internal use by public libraries, non-commercial documentation centers, and scientific institutions. for internal use by public libraries, non-commercial Yes, a commercial sold on copies for private use are Also applies to copy shops and other establishments where basis. Operator fee? On media? Which? • • Scope of levy total number of Member Associations: 7. The members of AGECOP are all the collecting societies representing all the collecting societies representing 7. The members of AGECOP are total number of Member Associations: audio-visual producers authors, artists, publishers and music Members: Members: Text and image: and image: Text AGECOP (IFRRO member) Associacao para a Gestao da Cópia Privada B Estados Unidos da América, nº 94, 7º Avenida Lisbon 1700-178 www.agecop.pt RRO(s) administering levy Article 75 of the Copyright Law permits reproduction by public libraries, non-commercial documentation non-commercial by public libraries, Law permits reproduction Article 75 of the Copyright a private (operator fee). Article 81 provides remuneration institutions subject to equitable centers or scientific by to be established under Article 82, with tariffs to a levy on devices and media use exception subject of June 2015 (No. 49/2015). was set by the amendment range of tariffs An extensive executive decree. 1985 Copyright Law and Law No. 62/98 of September 1, as last amended in 2015 by Law N. 49/2015 of 1, as last amended in 2015 by Law and Law No. 62/98 of September 1985 Copyright Law June 5 Legal basis for levy 3.1.14 • • • 92 International Survey on Text and Image Copyright Levies 2016 Edition • Distribution • • • • Collections • Operator feetariff(s) • • • Tariffs • Scanners: €2 Printers –Ink-jet: MF devicesorlaserphotocopiers: 2014: 2013: Law 49/2015ofJune5 Summary ofdistributionschemeregarding levies €602,714.41 (invoiced) Total collectionsofleviesonequipmentandothermediumsfor2015 €6,735.45 (invoiced) Total operatorfeecollectionsfor2014 €10,072.71 (invoiced) Total operatorfeecollectionsfor2013 €27,149.23 (invoiced) Total Operatorfeecollectionsfor2012 N/A ofthelevy Visibility 3% ofsalespricephotocopies euros inmostcases. TI andA/AV works,partlybasedonperformanceorcapacitybutsubjecttoamaximumperunitof15 The lawofJune2015introduced awiderangeoftariffs ondevicesandmediacapableofcopyingboth Tariffs perdeviceormediacapableofcopingbothTIandA/AV works Multifunctional devicesorinkjetphotocopiers:€5 Tariffs perdevicecapableofcopyingTIworksonly(ineuros): By LawNo.49/2015ofJune5th How are tariffs set? 2012: 16.89%(ofthetotal amountreceived) Administrative deductions is passedontotheCMOsrepresenting authorsandpublishersinthisproportion.

15.16% (ofthetotalamount r 25.22% (ofthetotalamount r – Laser:

€7.5 €2.5 th provides foranauthor-publisher splitof50:50.Theoperatorfeeremuneration + 40pagesperminute€20 up to40pagesperminute eceived) eceived) €10 International Survey on Text and

Image Copyright Levies 2016 Edition93 eceived) 4.87% (of the total amount r the total amount 4.87% (of

It shall not be a violation of copyright, for the purposes of this law, to reproduce a work, without the to reproduce a work, It shall not be a violation of copyright, for the purposes of this law, for personal use or for use by a normal family circle, provided that the work has consent author’s the normal use of already been disclosed to the public, and the reproduction does not contravene the work or prejudice the author or the owner of the utilization rights. on which reproductions of For the media on which sound or audio-visual recordings can be made or copying, in the situation the works graphically expressed can be made, as well as for devices used for provided for in paragraph (1), a compensatory remuneration established by negotiation, according shall be paid. to the provisions of this law,

Romania

The law establishes an obligation to retain 20% for collective cultural purposes such as workshops, cultural purposes such as workshops, 20% for collective an obligation to retain The law establishes of copyright. of public awareness promotion scholarships and the Social and cultural deductions Social and cultural (2) (1) 2015: Article 34 Scope of levy Note: Until March 2012, the levy on devices/media capable of copying TI works only (copiers, scanners, multifunctional devices and 2012, the levy on devices/media capable of copying TI works only (copiers, scanners, Note: Until March is 2014, Opera Scrisa.ro collected by PERGAM. Since February 24, that date these levies were printers) was collected by CopyRo. From the collector of the remuneration. Text Opera Scrisa.Ro (IFRRO member) Corp Boema 1 Boteanu Street, Sector 1, 010027 Bucharest www.operascrisa.ro Text CopyRo (IFRRO member) 5A Paleologu Street apt 3, floor, 3rd Sector 2 010616 Bucharest www.copyro.ro Text: Text: PERGAM 35, Voda Bd. Mircea Bl. M27, Sc 1. Et 6, apt 17, Sector 3, COD 030663 Bucharest www.pergam.ro CMO(s) administering levy Copyright Law No.8/ 1996 as amended Copyright Law No.8/ Legal basis for levy 3.1.15 • 94 International Survey on Text and Image Copyright Levies 2016 Edition Article 107 Article (2) (1) (9) (8) (7) (6) (5) (4) (3)

(a) consisting of: 3years,within acommittee paid, aswelltheamountofsuchremunerationisnegotiatedevery remunerationfor privatecopyis The listofphysicalmediaanddevicesforwhichcompensatory with theTrade Registry, withinfivedaysfromtheirsubmission. on evidenceconfirmingtheobjectofactivitylegallystatedandSoleRegistrationCertificate from the Romanian Copyright Office. Thecertificate is issuedby theRomanianCopyright Office based engage inthesaidactivitiesofimportandproductiononlyafterobtainingaRegistrationCertificate ofPrivateCopyandmay bound toregisterwiththeRomanianCopyrightOffice,NationalRegistry Importers andmanufacturersofthephysicalmediadevices,providedforinArticle34(2),are analog ordigitalone. physical media or devices provided for in Article 34(2), regardless of whether the procedure is an remuneration for private copy shall be paid by manufacturers and importers of Compensatory remuneration fortheprivatecopy. copy, inaccordancewithArticle34(2).Thebeneficiariescannot waivetherighttocompensatory remunerationfortheprivate producers andperformers,asthecasemaybe,tocompensatory under theconditionsprovidedforArticle34(1)shallbeentitled,togetherwithpublishers, of physicalmedium,andauthorsworksthatcanbereproducedonpaper, directlyorindirectly, The authorsofworksthatcanbereproducedthroughsoundoraudio-visualrecordings,onanykind used forgraphicalreproductionandshallbenegotiatedintwodifferentcommittees. and physicalmediausedforsoundaudiovisualrecordingsthedevices well astheamountofremunerationstobenegotiated.Separatelistswillpreparedfordevices Gazette ofRomania,PartI,bydecisiontheGeneralManagerRomanianCopyrightOffice,as containing thelistofphysicalmediaanddevices.TheapplicationshallbepublishedinOfficial importers ofphysicalmediaanddevicesshallfilewiththeRomanianCopyrightOfficeanapplication paragraphs (2)-(4), the collective management organizations and associations of manufacturers and In ordertoinitiatethenegotiationinaccordancewithproceduresprovidedforunderArticle131 (b) remuneration isdue,areorganized bytheRomanianCopyrightOfficewithin15 days fromthedate Negotiations ontheestablishment ofthelistphysicalmediaanddevices forwhichsuch (c) (b) (a) (6), appliedasfollows: remuneration forprivatecopyisapercentageofthevaluereferredtoinparagraph The compensatory media providedforunderArticle34(2),aswellA4paper forphotocopiersanddigitalmedia. The remunerationsnegotiatedbythepartiesareinpercentages andowedforthedevicesphysical They shallbepaidinthemonthfollowingdateofimport ordateofinvoicing. and forproducersbasedontheinvoicedvaluenetofVAT atthetimeofintroduction intothemarket. The remunerationsareinpercentagesandcalculatedfor importersbasedonthevalueatcustoms,

Officeon theownresponsibility, ontheotherhand. the turnoverandmarket-shareintheirrespectivefields,asstatedtoRomanianCopyright of thefirst3manufacturersandimportersphysicalmediadevices,establishedbasedon importers ofphysicalmediaanddevices,appointedfromthem,onerepresentativeeach one representativeofeachthemainassociativestructuresmandatedbymanufacturersand ofrights,ontheonehand;and a particularcategory one representativeofeachmaincollectivemanagementorganizations,whichcollectsleviesfor devices: 0.5%. other physicalmedia:3%; A4 papersheetsforphotocopier:0.1%; International Survey on Text and

Image Copyright Levies 2016 Edition95 . . 1 2 2 Article 107 Article 107 Repealed; proceeding, on any type of physical medium, the in the case of copies recorded by analogical shares between the beneficiaries corresponding to each remuneration shall be divided in equal according letters a), b) and c) and, within each category, of the three categories provided for in to those established at the aforementioned letters. in the case of physical media and devices for sound recorded copies, by analogical proceeding, in the case of physical media and devices be payable, in negotiable shares, to the authors and 40 per cent from the remuneration shall per cent shall be payable to performers and the remaining publishers of the recorded works, 30 of sound recordings; 30 per cent shall be payable to the producers for audio-visual recorded copies, by analogical in the case of physical media and devices divided in equal shares between the following proceeding, the remuneration shall be producers; categories: authors, performers and

equally between authors and publishers. The amounts due to publishers are distributed only through equally between authors and publishers. The amounts due to publishers are includes the criteria for publishers’ associations, based on a protocol established between them that shall be negotiations protocol Distribution association. owed to each shares well the as distribution of the decision in the established conditions fulfill the that associations publishers’ by attended only Romanian Copyright Office general manager. In the case of paper copies produced through analog means, the remuneration shall be divided In the case of paper copies produced through analog means, the remuneration

Devices which can only copy TI works Copiers, scanners, printers, multi-functional devices Devices which can copy both audio/audio-visual and TI works on legislative amendments, for written works). For written works, we requested N/A (no TI share 2016. The draft is still being debated. 4, March (c) (d) (a) (b) Compensatory for private copy collected by the sole collector management organizations remuneration follows: is distributed to the beneficiaries as Compensatory that is is collected by a management organization remuneration for private copy another by and recordings audiovisual and sound from reproduced works the for collector sole the in accordance reproduced from paper, that is sole collector for works management organization to(8). The two collective management provided for under Article 133(6) with the conditions organizations, serving by majority vote of the beneficiary as sole collectors, are designated collective at the or by majority vote of those present, at their first convocation, management organizations shall file with the designated by vote management organizations The collective second convocation. of the proceedings in which they were designated. Romanian Copyright Office the minutes Within 5 Romanian Copyright Office shall appoint the sole collector by working days following the filing, the in the Official Gazette of Romania, Part I. which shall be published decision of the general manager, of publication of the negotiation request in the Official Gazette of Romania, Part I and are conducted and are conducted of Romania, Part I Official Gazette request in the of the negotiation of publication outlined in Article 131. following the procedure ) 

5 Levy on devices? Which? Personal use and use within a family circle (see Article 34(1) above) Personal use and use within a family circle What copying is covered? (b) (a) (1) (1) (1 • • 96 International Survey on Text and Image Copyright Levies 2016 Edition • Collections • • • • • Tariffs • • • Total levycollectionsfor(inmillioneuros): identification dataandthebasisfordetermining remuneration. the remuneration (private copy), thedevice/medium for whichtheremuneration isdue,thegeneral There isnolegalobligationtoshowthelevyoninvoices,butinpracticeinvoices showthepurposeof ofthelevy Visibility N/A Operator feetariff(s) Tariffs permedium Tariffs perdevice(EUR): between theinterested parties,butthetariffs are setbylaw(seeArticle107(4)to(9)above). Under Article 107, as interpreted in Romania, the devices or media subject to levies are negotiated How are tariffs set? manufacturers, importersand intra-communalacquirers Who isliabletopaylevy? No Operator fee? (b) (a) 2015 2014 2013 (b) (a) (b) (a) On media?Which?

N/A Media whichcanbeusedtocopyA/AV andTIworks:share allocatedtoTIworks Copy paper:0.1%ofimportprice Media whichcanonlybeusedtocopyTIworks N/A Devices whichcanbeusedtocopyA/AV andTIworks:share allocatedtoTIworks Multifunctional devices:ditto Printers: ditto Scanners: ditto Copiers: 0.5%ofimportprice Devices whichcanonlybeusedtocopyTIworks March 4,2016.Thedraftis stillbeingdebated. N/A (noTIshare forwrittenworks). Forwrittenworks,werequested legislativeamendments,on Media whichcanbeusedtocopybothaudio/audio-visualandTIworks Paper Media whichcanonlybeusedtocopyTIworks

0.256 (OPERASCRISA) 0.244 (0.096-PERGAM(01.01-23.02) +0.148-OPERASCRISA(24.02-31.12)) 0.207 (PERGAM) International Survey on Text and

Image Copyright Levies 2016 Edition97 Article 24 Reproduction of work which was made public The author of a work, which can be reproduced according to the paragraph(1), shall have the right The author of a work, which can be reproduced according to the paragraph(1), to compensation of remuneration. A natural person can, without the consent of the author, reproduce for his/her personal purposes and A natural person can, without the consent of the author, there is no obligation to not for direct or indirect commercial ends a work, which was made public; pay the remuneration to the author for such use. made was which a work, author the of consent the without reproduce can person legal or natural A of a reprographic or other public, by transferring this work onto paper or similar medium by means technological device;

Slovakia

OPERA SCRISA.RO: none PERGAM: 10% COPYRO: none Social and cultural deductions OPERA SCRISA.RO 8% collector’s fee OPERA SCRISA.RO 8% collector’s PERGAM : 10% collector’s fee + 5% distribution fee PERGAM : 10% collector’s COPYRO: 10% (when COPYRO was the sole collector, but 5% in case of remuneration passed on by 5% in case of remuneration but the sole collector, COPYRO: 10% (when COPYRO was PERGAM) Under Romanian law, CMOs can only directly represent authors, but OPERA SCRISA.RO distributes a authors, but OPERA represent CMOs can only directly Under Romanian law, 10 per cent is associations. As to the authors’ share, to publishers via the publisher 50 per cent share of The balance has to be split in proportions visual artists (VISARTA). distributed to the CMO representing to a decision of the Appeal Court. From to CopyRo, according 70 per cent to PERGAM and 30 per cent CopyRo gives 7 per cent to OSRO. its share, Administrative deductions The law requires the remuneration to be distributed equally, 50 per cent to authors and 50 per cent to 50 per cent to authors to be distributed equally, the remuneration The law requires publishers. Summary of distribution scheme re levies Summary of distribution scheme re No levies are charged on goods in the duty-free zone awaiting re-export. Refunds are available on export available are Refunds zone awaiting re-export. in the duty-free charged on goods No levies are to an EU state. Summary of exemption/ refund scheme refund Summary of exemption/ Through the Romanian Copyright Office which, as a governmental agency, has access to data from the has access to data from Office which, as a governmental the Romanian Copyright agency, Through Administration. and the National Authority for Fiscal Police the Frontier Authority, National Customs Romanian the with register must manufacturers and importers Law, Copyright the of 107(3) Article Under Copy. and the National Register of Private Copyright Office How does the CMO get data to charge equipment levies? to charge equipment the CMO get data How does (4) (2) (1) • • • Distribution • • Copyright Act 2003 as last amended 2013 (unofficial translation reproduced by kind permission of LITA) by kind permission reproduced Copyright Act 2003 as last amended 2013 (unofficial translation Legal basis for levy 3.1.16 98 International Survey on Text and Image Copyright Levies 2016 Edition • • Scope oflevy behalf offourCMOs,includingLITA The privatecopylevyondevicesandmediawhichcanbothA/AV andTIworksiscollectedbySOZAon 2933 represented authorsincluding659whoare members Members: www.lita.sk Bratislava 1 Mozartova 9 LITA (IFRROmember) Text andimage: CMO(s) administeringlevy The CopyrightLawprovides (unofficialtranslation): Levy ondevices?Which? legal ornaturalpurposesonpapersimilarmedium(‘reprography’) Article 24(1)coversprivatecopyingbynaturalpersonsonanymedium.Article24(2) What copyingiscovered? (5) (1) (9)

disc builtintoapersonalcomputer electromagnetic radiation or otherwise. It is inparticular, acopy machine, ascanner, a fax andahard A reprographicorothertechnologicaldeviceisathatdoesreproductionsbymeansof shall havetherighttocompensationofremuneration. The authorofawork,whichcanbereproducedandpubliclydistributedaccordingtoparagraph(2), (d) (c) (b) (a) management organizations(§79)for remunerationaccordingtoparagraphs(4)and(5)shallbepaidthrough collective The compensatory

on theSlovakmarketforfirsttime,inamount of 6%itssalespriceorimportprice; (hereinafter‘importer’)orotherpersonwhoplacesthecarrierforpurposes ofsale country manufacturer, recipientfromamemberstate(hereinafter‘recipient’),importerthird a blankcarrieroftypeusuallyusedforreproductionaccordingtoparagraph(1)byits computer; forthisequipment, thecompensationunderitem(c)isnotpaid; the amountof0.5% salepriceorimportoftheharddiscbuiltinto personal the personalcomputerfor purposesofsaleontheSlovakmarketforfirst time, in a personalcomputerbyitsmanufacturer, recipient,importerorotherpersonwhoplaces based onaproportionalpartofthesalespriceorimport priceoftheobject; price; iftheequipmentispartofanobject,compensation ofremunerationiscalculated of saleontheSlovakmarketforfirsttime,inamount of3%itssalespriceorimport manufacturer, recipient,importerorotherpersonwhichplacestheequipmentforpurposes reprographic orothertechnologicalequipmentformakingofreproductions ofworksbyits market forthefirsttime,inamountof3%itssales priceorimportprice; recipient, importerorotherpersonwhoplacesthedevice forthepurposesofsaleonSlovak a deviceformakingreproductionsofsoundoraudio-visual recordingsbyitsmanufacturer, Definitions ofcertainnotions Article 24 Article 5 International Survey on Text and

Image Copyright Levies 2016 Edition99 services against payment by its provider, in the amount of 3% from total income for 3% from total income in the amount of copying services by its provider, against payment such services;

Devices which can only be used to copy TI works Copiers: 3% of import or selling price Fax machines: 3% of import or selling price Scanners: 3% of import or selling price Printers: 3% of import or selling price MF machines: 3% of import or selling price Media which can only be used to copy TI works Media which can only be used to copy N/A audio/audio-visual and TI works Media which can be used to copy both discs (USB, UFS, MS, MSD and others); flash without problems: Levies collected (less or more) (SD, mini SD, CD-RW CD, and others); memory cards optical carriers (Blu-ray disc, DVD, DVD-RW, disks (HDD, SSD and others) SD, PCMCIA, MMC and others); external hard micro minidisc (MD, HI- problems: or with more some manufacturers/importers Levies collected only from the PC (HDD, SSD and others); VideoMD); internal disks - not built into cassettes (VHS, HDV, hard Hi-8, Digital 8, Mini DV and others) Currently disputed: smart TV Currently (e) only copy TI works Devices which can scanners, MF machines, printers. Copiers, fax machines, tablets and e-readers. also for PCs, collects levy on reprography LITA works copy both audio/audio-visual and TI Devices which can function of with Mini-system or microsystem without problems: or less) Levies collected (more function; with recording MP3 and MP4 player; radio+recorder USB or otherwise; copying through or otherwise USB disc or a function for copying through hard set top box with built-in Multimedia problems: or with more importers some manufacturers/ Levies collected only from or player with burning internal disc or with a function for copying function or with hard recorder externaloptical carriers with burner; internal USB or otherwise; minidisc recorder; optical through disc or function of copying carriers with burner into the PC; smart TV with built-in hard - not built phone USB or otherwise; tablet and mobile/smart through

(a) (b) (a) (b) (a) Tariffs per device (EUR): Tariffs per medium Tariffs In the copyright law How are tariffs set? tariffs How are Secondary responsibility: wholesale and retail distributors wholesale and retail Secondary responsibility: Primary responsibility: manufacturers, importers and intra-communal acquirers manufacturers, Primary responsibility: Who is liable to pay levy? Yes: where copy devices are made available against payment (currently only collected from copy shops only collected from against payment (currently made available copy devices are where Yes: including copy shops in libraries) Operator fee? On media? Which? • • • Tariffs • • • 100 International Survey on Text and Image Copyright Levies 2016 Edition • Collections • • • • • • Total levycollections(ineuros): invoice totheend-user There isnolegalobligation toshowthelevyoninvoiceseitherthroughout thesupplychainoron ofthelevy Visibility 3% ofincomefrom copying services Operator feetariff(s) 2012 2015 2014 2013 2012 (b) 2015 2014 2013 2012 2015 2014 2013 2012 2015 2014 2013 (a) How doestheRROgetdata tochargeequipmentlevies? Total collectionspercapita Total operatorfeecollections Total device/mediacollections(ineuros):

authors ofliterary, audio-visual,dramaticworksandof visualartsandphotography) the jointcollectionforprivatecopying(share forallcategoriesofauthorsrepresented byLITA, i.e. CDs, DVDS,Blu-raydiscs,memorycards, USBsticks:Theshare iscontainedintheLITA share of Media whichcanbeusedtocopyA/AV andTIworks:share allocatedtoTIworks literary, audio-visual,dramaticworksandofvisualarts and photography) collection forprivatecopying(share forallcategoriesofauthorsrepresented by LITA, i.e.authorsof Theshare Blu-rayburners: iscontainedintheLITA DVDburners, CD burners, share ofthejoint PCs: 0.5%oftheimport/salepricehard disc(100%allocationtoTIworks) Devices whichcanbeusedtocopyA/AV andTIworks:share allocatedtoTIworks

30,000 eur 30,000 eur 640,000 eur 860,000 eur 290,000 eur 310,000 eur 665,000 eur 890,000 eur 320,000 eur 340,000 eur 0.19 eur 0.162 eur 0.058 eur 0.062 eur 25,000eur 30,000 eur os os forreprography, N/Aforprivate copying(onlytheLITA share) os forreprography, N/Aforprivatecopying(onlytheLITA share) os forreprography os forreprography, N/Aforprivatecopying(onlytheLITA share) os forreprography, N/Aforprivatecopying(onlytheLITA share) os forreprography os forreprography, N/Aforprivatecopying(onlytheLITA share) os forreprography, 127,000euros forprivatecopying(onlytheLITA share) os forreprography, 365,000euros forprivatecopying(onlytheLITA share) os forreprography, 115,000euros forprivatecopying(onlytheLITA share) os forreprography, 105,000euros forprivatecopying(onlytheLITA share) os forreprography, 127,000euros forprivatecopying(onlytheLITA share) os forreprography, 365,000euros forprivatecopying(onlytheLITA share) os forreprography, 115,000euros forprivatecopying(onlytheLITA share) os forreprography, 105,000euros forprivatecopying(onlytheLITA share) International Survey on Text and

Image Copyright Levies 2016 Edition101 Article 37 Right to remuneration upon the first sale or importation of new appliances for photocopying; and number. based on number of photocopies made for sale; i.e. monthly on their probable upon the first sale or importation of new appliances for sound or visual fixation, and upon the first sale or importation of new appliances for sound or visual mediums. upon the first sale or importation of new blank audio or video fixation

For the purposes of this Article, the term photocopying includes other similar reproduction techniques, For the purposes of this Article, the term photocopying includes other similar effect, are assimilated for sound or visual fixation other appliances, which enable getting the same assigned during the The right to remuneration under paragraph (1) of this Article may not be waived, is not subject to execution. and life of the author, 1. 2. goods into free circulation For the purposes of this Act, ‘import’ shall be considered as the release of and as each admission to the in accordance with customs regulations of the European Community, territory of the Republic of Slovenia from other EU Member States. Remuneration under the foregoing paragraph with respect to sound or visual fixation shall be paid: Remuneration under the foregoing paragraph with respect to sound or visual 1. 2. shall be paid: Remuneration under paragraph (1) of this Article, with respect to photocopying The author has a right to equitable remuneration for making a sound or visual fixation, and for or visual fixation, The author has a right to equitable remuneration for making a sound use, under Article 50 photocopying of his work, done within the scope of private or other internal of this Act.

Slovenia

(6) (5) (4) (3) (2) (1) None Social and cultural deductions 25% Distribution is title- and author-specific and based on library lending statistics and recently published on library lending statistics and and based Distribution is title- and author-specific works. Administrative deductions Distribution of reprographic levies is according to LITA rules. These provide for an author-publisher split author-publisher for an rules. These provide to LITA levies is according Distribution of reprographic 80% for the authors of text (10% periodicals, 90% non- is divided into of 73:27. The authors’ share of images. periodicals), and 20% for the authors Summary of distribution scheme regarding levies scheme regarding Summary of distribution Exemption can be claimed provided this is in due time and supported by sufficient documentatio this is in due time and supported claimed provided Exemption can be There is an obligation in the copyright law, Article 24 (9) and (10) for manufacturers or importers to or importers for manufacturers 24 (9) and (10) Article law, in the copyright is an obligation There of imported or sold devices or media. quantity and import or sales price to the CMO the type, report not are copying services. If these obligations from their total income copy shops have to report Similarly, distributors up by a secondary obligation on other payable is doubled. This is backed fulfilled the levy fee the CMO. and statistical office to assist for the duty office and provision scheme Summary of exemption/refund Copyright and Related Rights Act 3.1.17 Legal basis for levy • • • Distribution • 102 International Survey on Text and Image Copyright Levies 2016 Edition • Scope oflevy 82 membersand474rightholderswiththetoremuneration (whoare notmembersoftheRRO) Members: www.sazor.si Ljubljana 1000 Kersnikova 10a SAZOR Text andimage: RRO(s) administeringlevy What copyingiscovered? (2) (1) (2) (1) (2) (1) (3)

which itwasprovided,andshallnotdisclosetounauthorizedpersons. remuneration due.Thecollectingsocietymayonlyusetheinformationobtainedforpurpose forthecalculation ofthe as wellsuchinformationaboutthephotocopiessold,isnecessary the typeandnumberofsoldorimportedappliancesmedia,mentionedinforegoingArticle, Article shall,onrequestofacollectingsociety, attheendofeach quartersubmitinformationabout persons, whenitisdirectlyrelatedtotheirdisability. (4)Persons mentionedinparagraph(1)ofthis rightholders shouldbeobtained;or2.reproductionofauthors'worksforthebenefitdisabled purposes of:1.commercialreproductionofauthors'worksforwhichtheauthorization for suchappliancesorfixationmediawhichtheyhavesoldimportedthefirsttime The persons mentioned in paragraph (1) of this Article shall not be persons liable to pay remuneration to suchappliancesorfixationmediawhicharemadeforexportation. Manufacturers mentionedintheforegoingparagrapharenotliabletopayremunerationwithrespect luggage (deminimisimports). media, unlesssuchimportsareintendedforprivateandnon-commercialuse,aspartoftheirpersonal againstpayment.Jointlyliablewithmanufacturersareimportersofappliancesandfixation services of blankaudioorvideofixationmedia;andholdersapplianceswhoareofferingphotocopying for soundorvisualreproduction;manufacturersofappliancesphotocopying; Persons liabletopayremunerationundertheforegoingArticleare:manufacturersofappliances for sale. color copies (double the amount of black-and-white copying); as well as for each photocopy made photocopying, depending on its capability (number of copiesper minute), and its capacity to make and visual fixation mediumdependingonthe possibledurationof thefixation;foreachappliance for design, doesnotrequireseparatemediumsforitsoperation(doubletheamount);eachsound sound fixationandeachapplianceforvisualfixation;whichduetoits The amountsmentionedintheforegoingparagraphshallbesetseparately:foreachappliance all personsentitledunderthisActshallbesetbytheGovernmentofRepublicSlovenia. The amountsofremunerationforprivateandotherinternalreproductionwhichbelongcollectively to A naturalperson shallbefreetoreproduce works: three copiesandprovidedthat theconditionsofparagraphs(2)or(3)arefulfilled. Subject toArticle 37, thereproductionofadisclosed workshallbefree,ifmadeinnomorethan Private andotherinternal reproduction Amount ofremuneration Persons liable Article 39 Article 50 Article 38 International Survey on Text and

Image Copyright Levies 2016 Edition103 Article 4 of more than 72 copies/pages per minute €29.21 scanners, irrespective of number of copies €2.09 of 3 copies/pages per minute €2.09 of 12 copies/pages per minute €8.34 of 13–36 copies/pages per minute €12.52 of 36–72 copies/pages per minute €20.86 to reproduce a graphic edition of musical work by means of handwritten transcription. to reproduce a graphic edition of musical to reproduce a written work to the extent of the whole book, if such work is out of print for a to reproduce a written work to the extent minimum of two years; on paper or any similar medium by the use of a photographic technique or by some other process or by some photographic technique by the use of a or any similar medium on paper and having similar effects; public, the to available not are copies the if use, private for done is this if medium other any on for direct or indirect economic advantage. and if this is not done

Media which can only be used to copy TI works No Media which can be used to copy both audio/audio-visual and TI works not implemented at present. set in the government but are are decree Again, tariffs Devices which can copy both audio/audio-visual and TI works has this part of the decree on a range of devices. However, The government specifies tariffs decree collect the above levies not been implemented since 2010, as no CMO has yet been authorized to after that period. (e) (f) making of only black and The remuneration for appliances under this Article that make possible the white copies shall be half of the above amounts. (a) (b) (c) (d) The amount of remuneration for photocopying to be paid upon the first sale or importation of new The amount of remuneration for photocopying for each appliance that, according to the producer declaration, appliances for photocopying shall be by techniques similar to photocopying (fax machines, makes possible photocopying or reproduction appliances): printers, photo-printers and other similar 2. Devices which can only copy TI works for private and other internal government on amounts of remuneration The current decree provides: reproduction Notwithstanding paragraph (4), it shall be permissible, under the conditions of paragraph (1): Notwithstanding paragraph (4), it shall 1. Publicly accessible archives and libraries, museums and educational or scientific establishments shall educational or scientific establishments archives and libraries, museums and Publicly accessible that own copies for internal use, provided on any medium, works from their be free to reproduce, direct or indirect economic advantage. this is not done for written shall not permitted with respect to to the foregoing paragraphs Reproduction according of musical works, electronic databases of the whole book, graphic editions works to the extent of architectural structures, unless otherwise and in the form of building and computer programs, provided by this Act or by contract. 1. 2.

Levy on devices? Which? (b) (a) (b) (2) (1) (a) (5) (4) (3) Operator fee? On media? Which? • • • 104 International Survey on Text and Image Copyright Levies 2016 Edition • Collections • • • • • Tariffs • • • • 2014: €164,000 2013: €137,000 Total levycollections(EUR): There isnolegalobligationtoshowthelevyonanyinvoicesinsupplychain ofthelevy Visibility decree,By article5ofthegovernment €0.004percopymadeforsaletonaturalpersons. Operator feetariff(s) Tariffs permedium 2015: 2015: (a) (b) (a) Tariffs perdevice(ineuros): decree:By government seeabove How are tariffs set? Manufacturers andimporters Who isliabletopaylevy? Yes –oncopiesmadeforsaletonaturalpersons(copyshops, libraries,etc.). 2015: €0.08 2014: €0.079 2013: €0.066 Total collectionspercapita 2014: €18,000 2013: €19,000 Total Operatorfeecollections(EUR) 2015: €146,000 2014: €146,000 2013: €118,000 Total equipmentlevycollections(EUR)

N/A Media whichcanonlycopyTIworks Momentarily notimplemented–seeabove. Devices whichcancopybothA/AV worksandTI decreeSee article4ofthegovernment above Devices whichcanonlycopyTIworks

€18,000 €164,000 International Survey on Text and

Image Copyright Levies 2016 Edition105 Countries where the levy system has not yet been implemented the levy system has not yet been Countries where Bosnia-Herzegovina Albania

None Social and cultural deductions 10% Administrative deductions The levy remuneration is distributed to rightholders; the copyright law provides for a 50:50 split between the copyright law provides is distributed to rightholders; The levy remuneration is then distributed between the rightholders pursuant to the authors and publishers. Remuneration internal rules of SAZOR. Summary of distribution scheme regard levies scheme regard Summary of distribution In practice not needed Summary of exemption/refund scheme Summary of exemption/refund Entities liable to pay the levy are obliged to provide information to the RRO on request—Article 38 (3) RRO on request—Article information to the obliged to provide the levy are Entities liable to pay above How does the RRO get data to charge levies? the RRO get data How does

• • • Distribution • • None IFRRO member(s)? Private and other internal use Scope of levy Copyright Law 2010 as amended—article 36 provides a right to remuneration for private and other internal a right to remuneration 36 provides Copyright Law 2010 as amended—article and importers of devices or media. use. Under article 37 an equipment levy is payable by the manufacturers against payment. provided photocopies are an operator fee where is also There Legal basis for levy None 3.2.2 IFRRO member(s)? Extent of permitted copying unspecified, except that it must not constitute a complete book. Under Article Extent of permitted copying unspecified, except that it must not constitute works for private or other personal use. The extent of 72, natural persons may copy copyright-protected book, unless it has been on permitted copying is unspecified, except that it must not constitute a complete the market for at least two years. Scope of levy Article 31 of the Copyright Law of 31/3/2016 provides for “reasonable remuneration” for copying for private remuneration” for “reasonable provides Article 31 of the Copyright Law of 31/3/2016 devices and storage media. or importers of reproduction manufacturers or other personal use, payable by the 31 is to be specified by the Council of Ministers. The equipment and fees under article 3.2.1 Legal basis for levy 3.2 106 International Survey on Text and Image Copyright Levies 2016 Edition www.burida.ci BPV 258 Abidjan, Les Vallons RueJ81, Les-Deux Plateaux Cocody, Address: member. It isanticipatedthatthenewlevieswillbeadministered bytheexistingRRO,BURIDA,whichisanIFRRO Article 106ofthenewCopyrightLawJuly26,2016(26-555)establishesanequipmentandoperatorlevy. Legal basisforlevy 3.2.3 Legal basisforlevy 3.2.4 None IFRRO members? Personal use Scope oflevy rights onbehalfofauthorsandpublishers. existing CMO‘SineQuaNon’.TheRROisseekingalicensetostartoperatingandmanagingreprographic A RROwasformedduringthesummerof2016.Itsnameis‘Original’anditaseparateentityfrom thealready This schemehasnotyetbeenimplementedsofarasTI worksare concerned. fiveyears. Office indefaultofagreement.Thepercentagesareto bereviewedevery to benegotiatedbetweentherightholders,orCMOsrepresenting them,orsetbytheNationalCopyright Article 4 provides that the remuneration shall be a percentage of the value of relevant devices or media, be 50:50(article3). representing different categories of rightholder. The author-publisher split in the case of TI worksshall by manufacturersorimporters,distributorsindefault(article3),onlythroughcollectingsocieties This isDecreeNo.548of2004,whichprovidesforalevyonwiderangedevicesandmedia,payable that thedetailsoflevyschemeprovidedforunderArticle37shallbesetoutinaspecialregulation. Article 53ofDecreeNo362-012001toimplementtheapplicationLawNo.65-00,thenprovides the guidelinesexpresslyestablishedinspecialprovisionsofthisLawrelatingtosuchworks. recording, inthemannerestablishedunderRegulations.Computerprogramsshallbegovernedby remuneration forthereprographicreproductionorprivatecopyingofasoundaudio-visual not forprofitmakingpurposes,withoutprejudicetotherightofrightholderobtainequitable orscientificwork forpersonaluseand It shallbelawfultoreproduceonceandinasinglecopyliterary

Côte d’Ivoire Côte Dominican Republic Dominican Copyright Law2000asamended(law65-00). Article 37 International Survey on Text and

Image Copyright Levies 2016 Edition107 Luxembourg Kosovo Korea Ecuador

IFRRO member(s)? LUXORR 7 rue Alcide de Gasperi 1615 Luxembourg www.luxorr.lu Copying for private use Scope of levy Article 10.4 of the Copyright Law 2001 as amended provides an exception for private copying subject to subject copying private for exception an provides amended as 2001 Law Copyright the of 10.4 Article to be fixed by to the rightholders. The details of the scheme are the payment of equitable remuneration has been drafted to date. but no regulation regulation None Legal basis for levy IFRRO member(s)? 3.2.8 Copying for private use Scope of levy Copyright Law 2011: Article 39(3) provides for an equipment levy and operator fee for sold copies. Under for Copyright Law 2011: Article 39(3) provides to be set by government ‘for each photocopying levy are regulation for the equipment 40, tariffs article has not yet been The regulation etc.’, depending on capacity. appliance including fax machine, scanners passed so far as is known. Legal basis for levy AEDRA, Asociación Ecuatoriana para la Gestión Colectiva de Derechos Reprograficos de Auteur, has been de Auteur, Reprograficos la Gestión Colectiva de Derechos AEDRA, Asociación Ecuatoriana para become operational. the levy can is needed before but an implementing decree to collect the TI levy, approved 3.2.7 None When operational, use is under consideration in Korea. of a TI levy scheme for private The introduction Association Rights and Transmission Reproduction by the Korean be administered the scheme will probably to in the comparative tables section as (This scheme is not referred (KORRA), which is an IFRRO member legislation is not yet in place). IFRRO member(s)? 3.2.6 Copying for private purposes Copying for private Scope of levy Copyright Law 1999 as amended: articles 105-108 establish a private copying levy on ‘reproduction ‘reproduction levy on private copying a establish articles 105-108 Law 1999 as amended: Copyright equipment’. Legal basis for levy 3.2.5 108 International Survey on Text and Image Copyright Levies 2016 Edition Article 46oftheCopyrightLaw, aslastamended in2016,provides asfollows(unofficialtranslation) Legal basisforlevy 3.2.9 Entities liable to pay compensation compensation pay Article 47 to liable Entities

Macedonia (1) (2) (1) (5) (4) (3) (2) (1) (3) (2)

cost oflivingintheRepublic ofMacedonia. compensations underparagraph 1ofthisArticletotakeaccountpricefluctuations and of the Republic of Macedonia shall harmonize the amounts of the The Government white photocopying),aswellforeachphotocopyintended forsale. the possibilitytocopyincolor(inanamounttwiceas muchastheamountforblackand photocopying equipmentbasedonthepossiblenumber ofcopiesperminuteandbasedon as theusual),foreachaudiooraudio-visualcarrierbased ontherecording time,foreach construction, doesnotrequire anyspecialmaterialtofunction(inanamounttwiceasmuch type of equipment for audio and visual fixation, for each fixation equipment which, due to its The compensationunderparagraph1ofthisArticleshall bedeterminedseparatelyforeach oftheRepublic of Macedonia. Government The amountofthecompensationunderArticle46thisLawshallbedeterminedby theproducedas dataconcerning photocopies. the typeandnumberofsoldorimportedequipmentaudioaudiovisualcarriers,aswell copyright andrelated rightscollectivemanagementorganization,tosubmitdataconcerning (The entitiesunderparagraph1ofthisArticleshallbeobliged,uponrequest bytherelevant be liabletopaythecompensationunderArticle46ofthisLaw. blank audiooraudio-visualcarriers,aswellpersonsproviding photocopyingservices,shall Producers andimportersofequipmentforsoundvisualfixation,photocopyingequipment, disposal orjudicialexecution. The rightofcompensationunderparagraph1thisArticlemaynotbesubjecttoawaiver, work, carriedoutforprivateuse. Article forthereproduction ofphonogramsandvideogramsforthephotocopyinghis The authorshallhavetherighttoashare ofthecompensationunderparagraph1this and videofixation,other reproduction techniquesshallalsobeconsidered ascopying. All otherdevicesusedtoachievethesameeffect shallbeconsidered asequipmentforaudio intended forsale,onamonthlybasis,according tothepossiblenumberofphotocopies. time ofthefirstsaleorimportphotocopyingequipment,andformakingphotocopies The compensationunderparagraph1ofthisArticleforphotocopyingshallbepaidatthe The reproduction forprivatepurposeshallbesubjecttopaymentoffaircompensation. Amount ofthecompensation Right offaircompensation Article 46 Article 48 International Survey on Text and

Image Copyright Levies 2016 Edition109 Article 54 Use with compensation Use with Montenegro Moldova

Reproduction on any medium, made by a natural person for private use, without direct or indirect or indirect private use, without direct made by a natural person for on any medium, Reproduction advantage; commercial Reproduction on paper or any similar medium, by way of photocopying or any other analogous technique or any other analogous technique similar medium, by way of photocopying on paper or any Reproduction of a musical work (sheet with the exception of graphic editions effects, having similar or other process music);

Articles 35-37: Applies to devices which can only be used to copy TI works. An operator fee also applies Articles 35-37: Applies to devices which can only be used to copy TI works. sold. Levies cover private copying, own/internal are use, and teaching. copies where Scope of levy 2011 Copyright Law Legal basis for levy 3.2.11 Repromold has been authorized to administer the TI levy by AGEPI, but for the time being the equipment Repromold copying levies. Collections from private levy is being collected by AsDAC, which also administers the A/AV passed on to has been but yet no remuneration September 2011 to June 2016 amounted to 6656 euros, CMO, ANPCI. Collection of also involving a third because of administrative and legal problems Repromold the operator levy has not yet begun. IFRRO Member(s)? ReproMold 31 August 1989, 98 min. Chisineau, MD 2004. Uniunea Scrittorilor (Fondul Literar), Str. Not clear, but appears to cover private use, and own/internal use except where the copies are made by made to cover private use, and own/internal the copies are but appears use except where Not clear, or of lost and for replacement for study or research in teaching establishments services, or archive libraries basis. copies, in all cases on a non-profit destroyed Scope of levy Article 27 of the 2008 Copyright Law provides for an equipment and operator fee. The equipment levy, of for an equipment and operator fee. The equipment levy, provides Article 27 of the 2008 Copyright Law importers and distributors. copying, is payable by manufacturers, 3% of the value of devices used for private be established by government for the operator fee is to regulation. The minimum tariff Legal basis for levy 3.2.10 2. 1. None IFRRO member Extent of permitted copying does not appear to be specified Extent of permitted copying does not Scope of levy None IFRRO member Extent of permitted copying does not appear to be specified Extent of permitted copying does not Scope of levy The use of a copyright work with fair compensation shall apply to the following cases: work with fair compensation shall The use of a copyright 110 International Survey on Text and Image Copyright Levies 2016 Edition www.lira.nl Hoofddorp, 2130KB Kruisweg 793-795 Stichting LIRA IFRRO members? Private copyingasabove Scope oflevy employer’s copyright). entitled toashare ofprivate copyinginsofarastheyare deemedbylawtobetheoriginalrightholder(e.g. Amsterdam, and for images to Stichting Pictoright, Sarphatistraat 606-608, 1018 Amsterdam. Publishers are Stichting LIRA,forvoiceperformingartistsofaudiobookstoNormaJacobBontiusplaats9,1018 share oftextandimageworks iscurrently undernegotiation.Thetextshare for authorswillbepassedonto audio-visual andtext/imageworks.Theprivatecopyinglevyisadministered byStichtingdeThuiskopie.The Through aregulation of2013,leviesare payableonanextensivelistofdevicescapable ofcopyingbothaudio/ by privatepersonsforpersonaluse,subjecttothepaymentoffaircompensationunderarticle16c. Article 16(c)oftheCopyrightAct,implementingarticle5(2)(b)Directive, permitscopying Legal basisforlevy 3.2.12 Under Article4oftheOrder, theNCCshalldistributeremuneration asfollows: materials ortheex-factorycostofmanufactured inNigeria,according tothefollowingbands: The Order provides forthelevytobeapercentage ofthecost,insuranceandfreight valueofimported certificates formaterialsintended re-export. The Order alsocontainsanexemptionschemewhereby theMinistryofJustice(MoJ)mayissueexemption • • the NCCwidepowerstoenforce paymentofthelevy, including: Ministry ofJustice.ThecollectorforallleviesistheNationalCopyrightCommission(NCC).Order gives of theschemeare containedintheCopyright(LevyonMaterials)Order of2012(theOrder) issuedbythe Article 40 provides for a levy on ‘any material used or capable of being used to infringe copyright’. The details Scope oflevy Nigerian CopyrightLaw1988asamended(codified2004) Legal basisforlevy 3.2.13 relating tothecopyingoftext/imageworksbybusinessesandinstitutions,share theCEDARservicecenter. Note: StichtingLIRAandThuiskopie,aswellReprorecht (IFRROmember),whichadministersthelegallicense None IFRRO member(s)? (a) 1%: deviceswhichcanonly copyTIworks 2%: deviceswhichcancopy bothTIandA/AV works,andphotocopyingpaper 3%: mediawhichcancopybothTIandA/AV works The righttoconfiscateleviablematerialandsealstorage premises incaseofnon-payment ofthelevy The righttoinspectdocumentsandrecords onthepremises ofmanufacturers andimporters

Netherlands Nigeria

10% forthepromotion ofcreativity International Survey on Text and

Image Copyright Levies 2016 Edition111 20% for the NCC anti-piracy program program the NCC anti-piracy 20% for 10% for administration collecting societies approved 60% between The remaining

Serbia Paraguay

(c) (d) (b) http://oorp.rs/wp/ OORP Makedonska 5, ‘Staklenac’, 11 sprat, 11000 Beograd Serbia Yes, Organizacija za ostvarivanje reprografskih prava (OORP) became a Provisional RRO member of IFRRO in member of IFRRO RRO prava (OORP) became a Provisional reprografskih za ostvarivanje Organizacija Yes, February 2016 IFRRO member(s)? Private use Scope of levy 2011 Copyright Law: equipment levy on devices and media under article 39 (1) and (2); operator fee for copy 2011 Copyright Law: equipment levy on devices and media under article 39 the levy in October 2015. shops article 39 (5). The Serbian RRO ‘OORP’ was authorized to administer None Legal basis for levy IFRRO Member(s) 3.2.15 Private use Scope of Levy Copyright Act 1998 as amended: Article 34 provides for a levy which appears to cover both devices/media 34 provides Copyright Act 1998 as amended: Article works also. and devices/ media which can be used to cover A/AV which can only be used to copy TI works, of the on the proposal regulation be determined by the scheme to the details of for 37 provides Article so far. have been made no regulations of Copyright. However, National Directorate Legal Basis for Levy 3.2.14 IFRRO member(s) REPRONIG (RRO member) Expoyo Complex, Sanngo Suite 13/14 Block E, GPO Box 12324 Dugbe Ibadan Oyo State Nigeria The implementation of the scheme in terms of distribution has not yet started, but it is expected to do so has not yet started, but it is expected of the scheme in terms of distribution The implementation the TI share. below) will be appointed to administer It is expected that REPRONIG (see shortly. 112 International Survey on Text and Image Copyright Levies 2016 Edition used thepurpose ofstrengtheningtheintellectual propertysystemand theexecutionofcultural andartistic (Amendment: 21.2.2001–4630/23;14.7.2004 –5217/17)Theamounts remaininginthisaccount shallbe Istanbul 34110 Sultanahmet/ Fatih Binbirdirek Mh.DostlukYurdu Sk. 1/3 Turkish PressandPublishersCopyright&LicensingSociety TBYM (CreatorandPublisherAssociationMember) Istanbul Galatasaray Ali HanNo:307 Sahne Sokak andScientific Copyright HoldersAssociationofLiterary Works BESAM (RROmember) www.yaybir.org.tr Gumussuyu BeyogluIstanbul34437Turkey Inonu CaddesiOperaPalasApt.No:55Kat:2 Publishers Copyright&LicensingSociety–PCLS.tr YAYBIR (RROmember) IFRRO member(s)? Private use Scope oflevy remuneration totherightholdersandestablishanoperatorfee. Amending legislationiscurrentlyunderconsiderationwhichwouldprovideforthedistributionofpart of Culture. to becollectedshalldeterminedthroughby-lawsissuedbytheMinistry (Amendment: 3.3.2004-5101/15)Rulesandproceduresregardingtheapplicationofthisarticlefees shallbedepositedinthebudgetof theMinistry.cultural heritagewithinandoutsidethecountry ofCultureandTourism.issued bytheMinistry foractivitiesthatprotectthe Theallowancewhichisnecessary procedures governingthedistributionanduseofthesefundsshallbedeterminedthroughby-lawsto strengthen theintellectualpropertysystemandexecutionofculturalartisticactivities.Therules (Amendment: 21.2.2001–4630/23;14.7.2004-5217/17)Thebalanceinthisaccountshallbeusedto Central AccountingOfficeandshallberecordedasrevenueinthebudget. ofCulture the amountscollectedinspecialaccountshallbetransferredtoofMinistry not exceeding3%ofthemanufacturingorimportationcosts.(Addition:14.7.2004-5217/17)Aquarter ofCultureandTourism,in thenameofMinistry anamounttobedeterminedbytheCouncilofMinisters until the middle of the following month at the latest, in a special account to be opened with a national bank monthanddeposit, used forthereproductionofintellectualandartisticworksareobligedtocollectevery as blankvideocassettes,audiocomputerdiscs,CDs,DVDsandallkindsoftechnicalequipment and legalpersonswhomanufactureorimportforcommercialpurposesanykindofrecordingmaterialssuch ofCultureandTourism:equipment levytobepaidtheMinistry (Amendment:21.2.2001-4630/23)Natural Copyright Law1951asamended:article38providesexceptionforprivateuse;44an Legal basisforlevy 3.2.16

Turkey International Survey on Text and

Image Copyright Levies 2016 Edition113 (Creator and Publisher Association Member) TBYM (Creator and Publishers Copyright & Licensing Society Press Turkish Sk. 1/3 Mh. Dostluk Yurdu Binbirdirek Sultanahmet/ Fatih Istanbul 34110 BESAM (RRO member) Works and Scientific Copyright Holders Association of Literary Sahne Sokak Ali Han No: 307 Galatasaray Istanbul IFRRO member(s)? (RRO member) YAYBIR – PCLS.tr Publishers Copyright & Licensing Society Kat:2 Inonu Caddesi Opera Palas Apt. No:55 Turkey Gumussuyu Beyoglu Istanbul 34437 www.yaybir.org.tr Private use Scope of levy Amending legislation is currently under consideration which would provide for the distribution of part of the of of part distribution the for provide would which consideration under currently is legislation Amending and establish an operator fee. to the right holders remuneration (Amendment: 3.3.2004 – 5101/15) Rules and procedures regarding the application of this article and the fees regarding the application of this article – 5101/15) Rules and procedures (Amendment: 3.3.2004 issued by the Ministry be determined with a by-law to be to be collected shall of Culture. activities. The rules and procedures concerning the distribution and use of these monies shall be determined shall be determined use of these monies the distribution and concerning The rules and procedures activities. The allowance which is necessary for issued by the Ministrywith a by-law to be Culture and Tourism. of within and outside the country the protection of the cultural heritage activities concerning shall be placed in Ministry. the budget of the 114 International Survey on Text and Image Copyright Levies 2016 Edition ZPÜ WIPO VG TI RRO PDMA PC NYI NS NCI MFD IT IFRRO GDP EU EC DRM D CMO CJEU Acronym Acronyms ACRONYMS ANDABBREVIATIONS D =disputed NS =notspecifiedinlaw NCI =levyinlawbutnotcurrently implemented NYI =levyinlawbutnotyetimplemented Abbreviations Zentralstelle privateÜberspielungsrechte World IntellectualProperty Organization Verwertungsgesellschaft Text andimageTPMTechnological protection measures Reproduction RightsOrganization Deutsches Patent-undMarkenamt Personal computer levy inlawbutnotyetimplemented not specifiedinlaw levy inlawbutnotcurrently implemented Multifunctional device Information technology OrganizationofReproductionInternational RightsOrganizations Gross domesticproduct European Union European Commission Digital rightsmanagement disputed Collective managementorganization Court ofJusticetheEuropean Union Meaning International Survey on Text and Image Copyright Levies

For more information contact WIPO at www.wipo.int 2016 Edition World Intellectual Property Organization 34, chemin des Colombettes P.O. Box 18 CH-1211 Geneva 20 and Image Copyright Levies 2016 Edition Text International Survey on Switzerland

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

WIPO Publication No. 1042E/17 ISBN 978-92-805-2842-8