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WIPO Publication No. 1037E/17
978-92-805-2864-0
Acknowledgement and thanks for front cover illustrations
Top right image courtesy of Carlos Porto at FreeDigitalPhotos.net
Top centre image courtesy of Stuart Miles at FreeDigitalPhotos.net
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Lower left Image courtesy of stockimages at FreeDigitalPhotos.net
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International Survey on
Private Copying

For more information contact WIPO at www.wipo.int

World Intellectual Property Organization

Law & Practice 2016

International Survey on
Private Copying
Law & Practice 2016

Wouter Klomp
Marije van der Jagt
Joost Poort

International Survey on Private Copying
Law & Practice 2016

Hester Wijminga

International Survey on Private Copying
Law & Practice 2016

Ta b l e o f C o n t e n t s
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5
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15
26
28
28
33
40
44
46
51
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60
64
68
71
78
83
88
95
101
107
110
117
123
125
128
133
137
140
144
147
152
158
160
163
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International Survey on Private Copying
Law & Practice 2016

PREFACEEXECUTIVE SUMMARY
1.
Introduction
2.
Methodology and Scope
3.
Legal background for private copying remuneration
4.
Practical implementation of compensation systems
5.
Liability
6.
Collection and distribution
7.
Revenue trends
8.
Conclusion
COUNTRY REPORTS
1. AUSTRIA
2. BELGIUM
3. BULGARIA
4. BURKINA FASO
5. CANADA
6. CROATIA
7. CZECH REPUBLIC
8. DENMARK
9. ESTONIA
10.FINLAND
11.FRANCE
12.GERMANY
13.GREECE
14.HUNGARY
15.ITALY
16.JAPAN
17.LATVIA
18.LITHUANIA
19.NETHERLANDS
20.NORWAY
21.PARAGUAY
22.POLAND
23.PORTUGAL
24.RUSSIA
25.SLOVAK REPUBLIC
26.SLOVENIA
27.SWEDEN
28.SWITZERLAND
29.TURKEY
30.UKRAINE
31.UNITED STATESANNEX: RELEVANT CASE LAW FROM THE COURT OF JUSTICEOF THE EUROPEAN UNION

1P R E FA C E
The World Intellectual Property Organization (WIPO) and the Dutch collecting society for private copying
remunerations, Stichting de Thuiskopie, are pleased to present the fourth joint publication on the law andpractice of private copying systems around the world. This survey aims to provide an actual worldwide
overview of private copying compensation systems (also known as private copying levies).
These remuneration systems are an important element of copyright and related rights infrastructure. This
report aims to facilitate evidence-based decision-making and to provide an update on important developmentsin the private copying law and practice of countries that have such an exception in place.
Stichting de Thuiskopie started collecting legal and practical information about private copying remunerationin neighbouring countries in 1991. The survey quickly expanded to include all European countries with a levy
system. Over the years, the scope has been expanded to embrace countries outside Europe. This 25th edition
covers countries on almost all continents.
The task of compiling this report was entrusted to Hester Wijminga and Wouter Klomp at Stichting deThuiskopie. Joost Poort (Institute for Information Law (IViR), University of Amsterdam) was entrusted with theeconomic analysis and Marije van der Jagt, LL.M, lawyer at Griffiths Advocaten provided the legal summary.
Representatives of WIPO were also of great assistance.

International Survey on Private Copying
Law & Practice 2016

The collection of data for this study would not have been possible without the support of private copying
collecting societies1. The authors are grateful to all these collecting societies and collective management
organisations for their cooperation and their efforts to improve insight into global private copying compensation
systems. The survey demonstrates the importance of this source of income for all right holders. It is hopedthat the survey will be as useful as it has been in previous years as a reference for negotiations on levies, inbackground reports of the European Commission, in studies of right holders and users’ organizations alikeand in policy papers of governmental bodies.

2

1

The survey contains the contact information of all the participating collecting societies.

EXECUTIVE SUMMARY
1.

Introduction

This survey is the 25th edition of a collection and analysis of key data on private copying compensation
systems around the world. It is the result of collaboration between the private copying collection body in the
Netherlands, Stichting de Thuiskopie (Dutch Private Copying Collection Society), and the World Intellectual
Property Organization (WIPO).
The data compiled in the survey is provided by participating collecting societies, which are entrusted with thecollection and distribution of private copying remuneration. The main objective of the survey is to provide
facts and figures regarding the function of private copying collection systems around the world, trends inremuneration collected on behalf of rightholders and practices employed in collecting this important sourceof income for creators.
Previous editions were used as a reference in European Union (EU) publications as well as by collecting
societies and stakeholders in private copying. Physical copies have been distributed to all the participatingcollecting societies and to relevant research and academic institutions across the globe. The report is available
on the websites of WIPO and Stichting de Thuiskopie.

2.

Methodology and Scope

2.1

Research method

2.2

Participating countries

This edition provides factsheets on private copying systems in 31 countries across the world, of which 21 are
EU countries. Private copying compensation systems are most common in Europe. Among EU Member States,
only Cyprus, Ireland, Luxembourg, the United Kingdom and Malta have no private copying exception. Outside
the EU, revenue information on Burkina Faso, Canada, Japan, Norway, Paraguay, the Russian Federation,
Switzerland, Ukraine, and the United States is included. Factsheets, but no revenue information, are provided
for Bulgaria, Slovenia and Turkey. For this survey, no new information was received from Burkina Faso andRomania. Information about the levy system and revenues for these countries have been taken from theprevious edition of this survey.
In a number of countries, such as Bulgaria and Slovenia, there is no active system of collection, although a
private copying exception has been provided for in law. Lastly, some countries only have levies on blank media
http://data.worldbank.org/, update 16 December 2016. Since no exchange rates for 2016 were available when closing the analysis
for this report, averages for January-November 2016 have been used (based on monthly averages retrieved from http://www.imf.org/
en/Data on 19 January 2017).
2

International Survey on Private Copying
Law & Practice 2016

The survey provides a neutral an impartial presentation and benchmarking of revenues from private copying
levies and the organization of such compensation systems. The data was collected through a questionnaire
sent to collecting societies responsible for the administration of private copying compensation, covering
all aspects of law and practice relevant to determining and collecting remuneration for the private use ofprotected works. The survey contains revenue data up to 2015 and information about levy systems andtariffs up to 2016. An overview of four years of revenue data is included for each participating country.
Two questions were added to the questionnaire, one regarding the leviability of refurbished products andone regarding developments in negotiations on new tariffs. Cloud leviability in particular is widely discussed
now that private copies are increasingly being stored in cloud-based services rather than on physical media.
Comments from participants and experience gained from processing the information provided offer insights
into how the questionnaire can be improved and made more effective, which is reflected in subsequent studies.
Where necessary and appropriate, additional information and clarifications have been requested. Replies arecompared with information that was submitted in response to earlier surveys in order to identify and addresspossible inconsistencies. Data on exchange rates, population and income per capita of participating countries
was retrieved from World Bank databases.2

3

and recording devices and as these products are disappearing from the market, revenues have fallen to thepoint where the cost of collection is higher (Estonia). A similar situation can be found in Iceland, which has a
private copying provision in the law. However, the regulations governing blank tapes have not been updated
to reflect the media and devices used nowadays for private copying.3
There have been many developments in private copying in the EU. The Court of Justice of the European Union(CJEU) has demarcated boundaries and clarified many issues in the last couple of years. Copyright reform
remains a hot topic for the European Commission and systems are being adapted to the digital environment,
leading some countries to abandon levy systems altogether and turn towards state-funded remuneration
systems as a means of compensating rightholders for private copying.
North America
Compensation systems exist in Canada and the United States, although these systems are more limited
than those of most European countries. In Canada, the Canadian Private Copying Collective (CPCC/SCPCP)
can only collect on audio carriers. The United States has a very limited system of private copying levies, inconjunction with the Audio Home Recording Act of 1992. The Alliance of Artists and Recording Companies(AARC) has been included in the survey for the first time this year.
South America
Paraguay, Ecuador and Peru have a legal compensation system for private copying. Paraguay has participatedin the survey.
AfricaBurkina Faso, Nigeria, Côte d’Ivoire and Morocco have established a compensation system. In Senegal,
a new collective management organization, SODAV, was established in October 2016. It will initiate theimplementation of the private copying exception.

International Survey on Private Copying
Law & Practice 2016

Asia

4

With the exception of Japan, no countries in Asia have established a private copying remuneration systemand discussions on copyright reform have been going on for some time now in Japan with no expansion oflevies. In South Korea, a user may reproduce works for personal, family or similar uses within a limited circle
and for non-profit purposes, under Article 30 of the Copyright Act. However, no remuneration system exists
to compensate for such uses.

2.3

Large variety of systems in the world

Private copying compensation systems vary substantially across the world because of a multitude ofcircumstances. Remuneration is funded either by importers and manufacturers of devices on which consumers
make copies, or by State funds. Either way, the intention is that consumers should pay directly or indirectly for
private copying. Levies on products are collected either as a percentage of the sales price or as a flat rate. The
survey clearly demonstrates that significant differences exist in key areas such as tariff levels, the selection of
products for which levies can be collected, the liability of market players, methods of reporting, legal tools formonitoring and enforcement and methods of setting the tariff, to mention just a few.
In the early 1990s, the European Commission attempted to harmonize private copying compensation
systems in the EU, but the Commission’s efforts have not yet resulted in legislative proposals. On the contrary,legal and practical developments in the countries involved have proceeded unaffected by any cross-borderconsiderations. The recent renewed interest of the European Commission and the European Parliament ininvestigating the viability of measures that would further the approximation and possibly the harmonizationof (the important parts of) the private copying systems in the EU is of great significance for the future of levy
systems, as is the multitude of rulings issued by the Court of Justice of the European Union.

3

http://www.ihm.is.

3.

Legal background for private copying remuneration

3.1

Main principles

The Berne Convention4 allows Member States to provide for exceptions and limitations to the right ofreproduction, provided that the conditions of the three-step-test are met. Many jurisdictions limit theapplication of the reproduction right for activities that can be qualified as “private copying” because it ispractically impossible to grant permission to large numbers of individuals or to monitor how such permission
is subsequently used. In general, the solution was found in an exception or limitation to the exclusive righton condition that fair compensation was paid to authors and other rightholders for loss of revenues or harmcaused to the rightholder whose work had been copied. This is currently the only efficient mechanism forcompensating creators for the widespread copying of their works for private or domestic use.

3.2

Definition of private copying

A private copy is usually defined as any copy for non-commercial purposes made by a natural person for
his/her own personal use. This survey provides the definition set forth in the copyright acts of the various
countries included in the study.
A levy on products used for copying was first introduced in Germany in 1966, replacing the exclusive
reproduction right with a right to equitable remuneration. In other jurisdictions, levies were attached to longstanding private copying exceptions when modern technological developments made it difficult to deny thatprivate copying was affecting the income potential of rightholders.
In general, the exception only applies when the source is legal. Downloads from a peer-to-peer network,
newsgroups, torrent sites and the like, where music and films have been uploaded without consent from therightholders, are usually not within the scope of the exception. There are exceptions to this rule: the RussianFederation, Switzerland and Canada do not have a specific provision regarding the source of the copy, andthus all copies made for private use fall within the scope of the exception.
In the 2015 judgment in Case No. C-435/12, the CJEU held that Directive 2001/29/EC (Copyright Directive)
precludes national legislation which does not distinguish the situation in which the source from which a
reproduction for private use is made is lawful from that in which that source is unlawful5.

As online business models shift from ownership to access-based models, often offering streaming content
or temporary downloads instead of physical carriers or permanent downloads, the discussion will further becomplicated by determining whether copies made in the cloud and from online licensed services are within
the scope of the private copying exception. In 2016, preliminary questions regarding cloud services werereferred to the CJEU in the VCAST Ltd/R.T.I. SpA case (C-265/16). Thus, the CJEU is likely to be called upon
to further delineate the boundaries of private copying systems.

http://www.wipo.int/treaties/en/text.jsp?file_id=283698.
http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62012CJ0435&from=EN, para. 37.
6
http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62008CJ0467&from=EN, para. 2.
7
Ibid., para. 59.
45International Survey on Private Copying
Law & Practice 2016

After several judgments of the CJEU clarified practical aspects of the implementation of levy systems, thenational and international debate regarding private copying is now dominated by the concept of “harm”.
The CJEU held in Case No. C-467/08 that the remuneration to which rightholders have a claim must be
calculated on the basis of the criterion of the harm caused to authors of protected works by the introductionof the private copying exception6. This concept requires uniform interpretation, but this has not yet beenachieved: is this harm to be interpreted economically as the harm associated with the rightholders’ lost
licensing opportunities for the additional private copies, or as the value consumers attach to the possibilityof making a private copy? The CJEU further held that a link is necessary between the application of the levy
intended to finance fair compensation with respect to digital reproduction equipment, devices and media
and the deemed use of them for the purposes of private copying7.

5

3.3

Legal developments in the European Union

The European Commission has been reviewing the copyright framework for a long time. In 2012, the issue
of private copying levies was the subject of an industry mediation process fostered by the Commission andled by former Commissioner António Vitorino. Mr. Vitorino delivered a report on this issue in February 2013,
including several recommendations8, although it has not led to any legislation; to date, the aim is to makeEU copyright law and practice fit for the digital age. The debate on levy systems has continued throughstakeholder dialogue. In 2014, the European Parliament published the Castex Report. It describes private
copying levies as a virtuous system, which is nonetheless in need of modernization and harmonization. It
focused especially on cross-border situations, the scope of the exception and the need for transparent andeffective exemptions for professional uses. July 2014 saw the results of the Consultation on Copyright in the
2013-14 3rd consultation (review of EU copyright rules).
On December 9, 2015, the communication “Towards a modern, more European copyright framework” waspublished. The levy systems are not much discussed in the communication and are no longer a priority on the
copyright agenda for the new EU Commission. For the most part, the possible impact on the Digital Single
Market is a concern and even though the CJEU clarified some issues, some disparities remain.

3.4

Relevant Jurisprudence from the European Court of Justice

The table below provides a schematic overview of the case law from the Court of Justice of the European
Union on private copying levies. More extensive information about these cases is presented in the Annex ofthis report.
Table 1: Case law from the Court of Justice of the European Union on private copying levies

International Survey on Private Copying
Law & Practice 2016

Case No.

6

8

Date

PartiesIssue

C-467/08

October 21, 2010

Padawan v SGAE

Indiscriminate application of the private copying
levy

C-462/09

June 16, 2011

Stichting de Thuiskopie v
Opus GmbH

Cross-border transactions

C-277/10

February 9, 2012

Luksan/Van der Let

Author is entitled directly and originally to theright of fair compensation

C-457/11-C-460/11

June 27, 2013

VG Wort v Kyocera

Technological measures, consequences of an
authorization to reproduce

C-521/11

July 11, 2013

Amazon v Austro-Mechana
Gesellschaft

Indiscriminate application combined with areimbursement scheme, payment of the revenue
in part to social or cultural institutions, double
payment in cross border transactions

C-435/12

April 10, 2014

ACI Adam/Stichting deThuiskopie

Lawful nature of the origin of the copy

C-463/12

March 5, 2015

Copydan Båndkopi/Nokia
Danmark

Equal treatment, reimbursement scheme,
consequences of an authorization to reproduce

C-572/13

November 12,
2015

HP/Reprobel

Allocation of fair compensation to publishers,copying of sheet music

C-470/14

June 9, 2016

EGEDA

Compensation financed from the General State
BudgetC-110/15

September 22,
2016

Nokia Italia/SIAE

Ex ante exemption and reimbursement scheme forprofessional use.

C-37/16

Minister Finansów/SAWP

Value-added tax

C-265/16

VCAST Ltd/R.T.I. SpA

Cloud computing services

http://ec.europa.eu/internal_market/copyright/levy_reform/.

3.5

Highlights of other legal developments in specific countries

3.5.1. United Kingdom
A private copying exception was introduced in the United Kingdom (UK) in October 2014. The exception
permitted individuals to make copies of content they owned, including making copies in the cloud. The
transfer of copies to another person was prohibited except on a private and temporary basis. There was noprovision for a compensation system.
Under European law – with which UK law must comply – a private copying exception must be accompaniedby compensation to rightholders, except where harm to rightholders is minimal. The UK government argued
that the harm caused by the scope of the drafted exception would be minimal. Music organizations did not
accept this, however, and applied for a judicial review of the decision to introduce the exception without acompensation system. The court found that the government’s submissions were not justified by the evidence
on which it had relied. It was held that the government’s decision was unlawful and the legislation was
overturned in July 2015.
3.5.2. Austria
A legal amendment clarifying the claims for digital media, particularly PCs, tablets and smartphones, hasentered into force on October 1, 2015. These devices were not previously leviable. Negotiations on network
personal video recorders (NPVR) are ongoing and rightholders have reached a settlement with nearly all
distributors/direct sellers of new media. The settlement includes memories built into computers, external harddiscs and tablets as well as mobile phones enabling the storage of MP3/MP4 files. Austro-Mechana received
a substantial amount for past consumption from nearly all market players and thus the settlement can besaid to have been successful. More information can be obtained from the survey and from Austro-Mechana.
3.5.3. Lithuania and Slovakia
In Lithuania, new tariffs came into force on January 1, 2016, with updated levies on, for example, gaming
consoles, tablets and smartphones.
A new Copyright Act was also introduced in Slovakia as of January 1, 2016 with a very wide range of media
and devices for which a percentage levy is collected.
These two countries probably now have the most up-to-date PCR systems in Europe, aiming at increasing
revenues for rightholders in the years to come.

NPVR services must negotiate the scope of the PCR with TV channels. These negotiations are particularly
difficult. Some TV channels require to be paid for private copying and others seek to limit the ability to copy
a program. Moreover, in parallel with these negotiations, the administrative commission in charge of setting
the PCR tariff in France must initiate a working session to set a new tariff for NPVR.
3.5.5. Germany
The most important development in Germany is the reaching of a new agreement with the industry, united
under the digital association, BITKOM. As the tariffs in Germany are set retroactively, the setting of – in thiscase – tariffs as of 2008 for mobile phones and tablets has a huge impact on the collection of revenues forthe central office for private transfer rights, ZPUE.
3.5.7. Finland
In 2015, the levy system in Finland was replaced by a state-funded system. The amendment introduced a
new financing system for fair compensation. The collection of device-based levies from consumers, which
had been applied since 1984, will be replaced by annual State budget financing. The bill to amend theprovisions of the Copyright Act pertaining to fair compensation was ratified by the President of the Republic
on December 19, 2014 and entered into force on January 1, 2015. Annual fair compensation from the Statebudget in 2015 and 2016 was 11 million euros. Starting in 2017, the situation will be reviewed annuallybased on the development of private copying.

International Survey on Private Copying
Law & Practice 2016

3.5.4. France
In France, a new law came into force on July 7, 2016. The most important changes are that refunds forexport are directly paid to the exporting societies and for professional uses; Copie France should also exempt
exporting societies provided it is able to monitor product exports. The most interesting change is that NPVR
services offering cloud storage now fall within the scope of remuneration for private copying.

7

The Ministry of Education and Culture will be responsible for the allocation of fair compensation to collective
management organizations (CMOs), to be further distributed to rightholders. The Ministry will also assume
responsibility for conducting surveys on private copying in cooperation with a consultative committee.
3.5.7. Nigeria
In Nigeria, the Copyright Society of Nigeria (COSON) is approved by the Nigerian Copyright Commission(NCC) as the sole CMO for musical works and sound recordings.
A remuneration scheme with levies was introduced by the Copyright Act of 2004.The order required for the
implementation of the scheme has since been made by the Attorney General. The tariffs are already specified
in the order, depending on the storage media or device. By virtue of the order, NCC will collect and distributeremuneration to the three approved CMOs in music, films and reprography industries – COSON, the Audiovisual Rights society, AVRS, and the Reproduction Rights Society, REPRONIG. The scheme has not yet been
activated, so there is no revenue to report for the time being.
As part of efforts to ensure the immediate implementation of the scheme, COSON has been involved inintense advocacy and lobbying to ensure that the private copy levy is activated in Nigeria.
3.5.8. Spain
Following the decision of CJEU in the EGEDA case, the Spanish Supreme Court rendered a judgment annulling
Royal Decree No. 1657/2012, which set forth the legal structure underpinning the compensation systemfinanced by the State budget.
This means that until the law is reformed, Spain finds itself in an irregular situation in light of the Copyright
directive: citizens can make private copies without authorization under the limit of private copying; however
there is no system allowing for economic compensation for the harm actually caused.
This irregularity can only be remedied with a new reform of the Intellectual Property Law, which is an initiativeof the Government. The Ministry of Culture has already announced its intention to find a solution that comes
into force in 2017.

International Survey on Private Copying
Law & Practice 20164.

8

Practical implementation of compensation systems

For reasons of efficiency and given the impossibility of collecting compensation from individuals, the mostcommon system is one under which importers and manufacturers, and sometimes professional traders,
are required to pay levies that apply to recording equipment or media used by individuals for their private
purposes (all parties that can be charged for the compensation are indicated as “liable parties” in the survey).
It is assumed that levies will consequently be included in the sales price of the levied products. In Europe,
the European Parliament proposed that the levy be made visible to consumers in the sales price as a way ofachieving more transparency.
In some jurisdictions, the compensation system applies to recording equipment and media. In otherjurisdictions, such as Canada and Denmark, levies are limited to blank media.
It should be noted that the distinction between recording equipment and media has become increasingly
blurred. In some countries with a media levy system (such as Austria and France), hard discs in equipment
such as audio-visual recorders, set-top boxes and TV sets with built-in hard discs qualify as “blank media”.
A comparable example is found in countries where a memory unit (flash memory card) is levied only whenused in a recording device and sold together with the device, although no compensation is due for the device
or for the memory unit if sold separately. Multifunctional devices such as tablets, smartphones and media
players are increasingly included in the systems.
The discussion on the cloud and on refurbishment is new. Refurbishment is a thriving new business model
where used products like smartphones and tablets are repaired and resold “as new”. Often a new hard discor new flash memory is inserted and the product is then sold to consumers. The act of refurbishment can beclassified as “manufacturing” and thus fall within scope of the private copying exception. In this edition of
the survey, a question was added as to whether these products are exempted. In most cases they are not, as
they can be considered as new products that may be used for private copying. Technological developments
resulting in the possibility of sharing, viewing and consuming any creative work stored in the cloud or on a

single device in the home make negotiating and determining the scope, level and applicability of the levies
more complex. All the same, this shows the increase in possibilities and opportunities to copy and enjoy
creative works in any place and at any time.

4.1

Tariff/levy setting

The survey reveals that tariff-setting can differ considerably among jurisdictions. As Table 1 shows, a
differentiation can be made between state-funded systems with no tariffs; direct State intervention systems
in which the lawmaker sets tariffs; negotiation systems in which tariffs are set through negotiations between
rightholders and importers/manufacturers; and a combination of the latter two systems.
Determining which products should be levied, or whether they are within the scope of the private copying
exception, is sometimes a matter for lawmakers or the government. In other countries, courts determine thescope of the compensation system based on rightholders’ claims. A third variation is found in countries where
special bodies appointed by the government are responsible for selecting the products on which levies canbe imposed and for setting the tariffs. Often, these special bodies are appointed to advise the government,
which subsequently sets the tariffs.
Roughly speaking, tariff-setting can be distinguished as being either a matter of direct State intervention(lawmakers, ministry, or designated public body) or a process of negotiation between rightholders (i.e.,collecting societies administering the levies) and industry (importers/manufacturers of consumer electronics
and the IT industry). Finally, in some countries, tariffs are set by special bodies appointed by the government
which act as negotiation platforms (and sometimes advise lawmakers).
Table 2: Tariff-setting models
ModelsNumber of Countries
Norway, Finland. In Spain, the royal decree was recently annulled by the
Spanish Supreme court.

Direct state intervention

Burkina Faso, Czech Rep., Denmark, Estonia, Greece, Italy, Lithuania,
Paraguay, Poland, Portugal, Russian Federation, Slovak Republic,
Slovenia, Turkey, Ukraine, USA

Negotiation with industries and societies

Austria, Croatia, Germany, Japan

Set by law/government after proposals by
rightholders or negotiation among stakeholders
in special government-appointed body

Belgium, Bulgaria, Canada, France, Hungary, Latvia, Netherlands,
Romania, Sweden, Switzerland

4.2

Difference in tariffs

Countries commonly apply a fixed tariff directly related to the capacity of objects. As an alternative to fixed
tariffs, countries can also apply a tariff based on a percentage of the sales or import price to determine theamount of the levy. The Czech Republic, Latvia and Lithuania combine fixed tariffs and a percentage dependingon the medium or device. The different tariffs are presented separately to provide an understanding of tariff
levels. Table 3 gives an overview of (the range of) percentage tariffs applicable in the countries included in thesurvey. Percentage tariffs are used in several European countries and in the United States. Western European
countries appear to prefer fixed tariffs.

International Survey on Private Copying
Law & Practice 2016

State-funded system (no tariffs)

9

Table 3: Overview of countries that apply a percentage as tariff
Country

Percentage of levy on blank media and devices

Bulgaria

1% to 1.5% on magnetic and optical media (including HDD and flash memory)

Burkina Faso

10% on blank media and devices

Czech Republic

Fixed amount on blank media, 0.75% to 3% on devices

Estonia

8% on blank media, 3% on devices

Greece6% on all products/devicesJapan

3% on blank media, 2% on devices (audio only)

Latvia

4%/6% on flash/blank media, fixed amount on devices (all pc)

Lithuania

6% on blank media, fixed amount on devices and flash media

Paraguay

0,50% on all products/devices’ import price

PolandRanging from 0.05% to 3%

Romania

3% on blank media, 0.5% on devices

Russian Federation

1% (of production price)

Slovak Republic

6% on blank media, 0.35% up to 3% on devices

Ukraine0.02% to 1% blank media and devices

USA

3% on blank media, 2% on devices

The last column in Table 4 gives the simple average of all countries which have a levy on that specific media
type or device. Put differently, empty cells are ignored in calculating this average. It is readily obvious that
average levies are much higher on devices than on blank media. As previously mentioned, Finland abolishedits levy on media as from January 1, 2015. An opposite trend can be seen in Austria and Portugal, where therange of leviable devices increased between 2013 and 2016. Nowadays, few countries have levies only onblank media: among the countries in Table 4, this is true only for Denmark, and Canada. In contrast, Austria,
Belgium, Croatia, France, Germany, Hungary, Italy, the Netherlands, Portugal and Sweden imposed a levy ona wide set of devices and media.
Table 4: Fixed tariff for eight standardized media types and devices in 14 countries (in euros)

Set-top box (500 GB)

0.01

0.32

0.20

0.35

0.06

0.15

0.15

0.03 0.05

0.07

0.08

0.15

0.01

0.50

0.20

0.90

0.27

0.25

0.41

0.03 0.14

0.31

0.25

0.31

18.00 20.00 17.00

7.70

10.24 1.00

9.25

7.00

13.99

0.15

2.00

0.92

0.41

5.00

9.25

12.00

0.79
22.50

AveragePC (500 GB)

Switzerland

1.85

Sweden***

0.40

2.50

Portugal

6.75

6.00

Netherlands

24.30

Italy

External HDD (1 TB)
MP3 player (8 GB)

Hungary

10

Germany**

0.21

France0.12
0.40

Finland0.24
0.36

Denmark

Canada2013

Croatia

Belgium

CD (700 Mb)
DVD (4.7 GB)

Austria*International Survey on Private Copying
Law & Practice 2016

Table 4 below shows the fixed tariffs in 14 countries for 8 standardized media types and devices for 2013 to2016. All tariffs in this table for countries outside the euro area have been converted to current euros using
annual average exchange rates as provided by the World Bank. The exchange rates used per country per year
are specified in the country sheets in this report9.

5.00
17.07

10.75

5.28

Smartphone (16 GB)

2.50

1.32

25.00 45.00 34.00 25.19 14.81 5.00
8.00

5.66

Tablet (16 GB)

2.50

1.32

8.40

6.13

16.16

11.46
4.23

5.06
6.50

37.00 36.56 23.74

0.90

5.00

6.47

2.84

5.43

1.90

5.00

1.85

2.28

3.67

As a consequence of this conversion, euro-tariffs for non-euro countries may show changes between 2012 and 2015, while thetariffs in local currency units have not changed. Since no exchange rates for 2016 were available when closing the analysis for thisreport, averages for January-November 2016 have been used (based on monthly averages retrieved from http://www.imf.org/en/Dataon January 19, 2017).

9

Table 4: Fixed tariff for eight standardized media types and devices in 14 countries (in euros) (continued)
Average

Switzerland

Sweden***Portugal

Netherlands

Italy

*

Hungary

2016

Germany**

2015

France0.20

Finland0.12
0.40

Denmark

Canada0.24
0.36

Croatia

Belgium

CD (700 MB)
DVD (4.7 MB)

Austria*

2014

0.01

0.32

0.20

0.35

0.06

0.14

0.10

0.03 0.05

0.07

0.08

0.14

0.01

0.50

0.20

0.90

0.27

0.24

0.20

0.03 0.14

0.29

0.26

0.29

External HDD (1 TB)

15.00

6.75

0.39

18.00 20.00 17.00

7.41

10.24 1.00

8.79

MP3 player (8 GB)

6.00

2.50

1.84

7.00

13.47

6.44

2.00

0.88

PC (500 GB)

12.00

5.20

5.00

8.79

12.00

0.79

5.00
13.19

5.54
7.49

Set-top box (500 GB)

20.00

10.75

5.25

Smartphone (16 GB)

18.00

2.50

1.31

8.00

6.25

10.89

4.00

5.00

6.15

2.88

6.50

Tablet (16 GB)

12.00

2.50

1.31

8.40

7.44

10.89

4.00

5.00

1.76

2.30

5.56

CD (700 MB)

0.24

0.12

DVD (4.7 GB)

0.36

0.40

External HDD (1 TB)

15.00

6.75

0.39

MP3 player (8 TB)

6.00

2.50

1.84

10.75

5.26

PC (500 GB)

12.00

Set-top box (500 GB)

20.00

0.20

25.00 45.00 34.00 19.39 14.81 5.00

10.46
3.77

35.16 31.88 22.38

0.01

0.32

0.35

0.06

0.14

0.10

0.02 0.05

0.06

0.09

0.14

0.01

0.50

0.90

0.27

0.24

0.20

0.02 0.10

0.28

0.29

0.30

20.00 17.00

6.79

10.24 0.70 4.10

8.55

12.00

13.42

6.44

1.40 1.60

0.86

4.29

5.03

5.20

3.50 2.00

8.55

0.79

5.00
13.19

8.95
6.46

45.00 34.00 19.32 14.81 3.50 8.00 34.21 36.31 21.01

Smartphone (16 GB)

18.00

2.50

1.31

8.00

6.25

10.30

4.00

3.50 1.92

5.99

1.20

5.72

Tablet (16 GB)

12.00

2.50

1.31

8.40

8.75

10.30

4.00

3.50 1.92

1.71

2.25

5.15

CD (700 MB)

0.24

0.12

DVD (4.7 GB)

0.36

0.40

0.20

0.01

0.32

0.35

0.06

0.14

0.10

0.02 0.05

0.06

0.09

0.14

0.01

0.50

0.90

0.27

0.24

0.20

0.02 0.10

0.28

0.28

0.30

4.20

4.95

External HDD (1 TB)

4.50

6.75

0.40

20.00 17.00

6.75

10.24 0.70 4.10

8.47

MP3 player (8 TB)

5.25

2.50

1.86

12.00

13.35

6.44

1.40 1.60

0.85

5.20

3.50 2.00

8.47

10.75

5.31

45.00 34.00 19.22 14.81 3.50 8.00 33.87 22.91 19.76

PC (500 GB)

5.00

Set-top box (500 GB)

20.00

0.80

5.00
13.19

7.89
5.45

Smartphone (16 GB)

2.50

2.50

1.33

8.00

6.25

10.25

4.00

3.50 1.92

5.93

1.17

4.30

Tablet (16 GB)

3.75

2.50

1.33

8.40

8.75

10.25

4.00

3.50 1.92

1.69

2.20

4.39

Austria lowered the tariffs for external HDD, PC, Smartphone and Tablet to the 2016 level by 1-10-2015
Germany has separate tariffs for private and business smartphones. The tariff for private smartphones is presented here
Sweden has not been able to collect the tariff for smartphones due to ligation

**

***

Liability

5.1

Introduction

Regarding the limits to payment liability, the following issues have been identified:
−−
−−
−−

What system, if any, should be applied to refund levies when products are exported?
Is the levy payable when products are used in a professional context?
Who is liable for payment in cross-border sales?

5.2

Exports and exemption from payment

The levies and remuneration are intended as compensation for private copying acts by consumers in acertain country; rightholders whose works have been copied in that specific country have a right to be
remunerated. For this reason, if leviable products are exported, the exported items are exempted in mostcountries. Different systems exist for refunding the levies that have already been paid on a product which islater exported. Usually, the exporter can request a refund from the collecting society if he can show proof of
the actual export. Another possibility is a contractual relationship between an exporter (often a wholesaler)
and an importer and/or the collecting society, which can include an upfront exemption such that the exportercan buy within his country without levies and no refunds are payable upon export.
Some countries do not have a refund system in place; the exporter is only required to report goods sold in
the home country. In these cases, levies on exports can often be recovered in the next report to the collecting
society. Finally, some countries have multiple possibilities: exemption upfront via an agreement with thecollecting society or a refund request.

International Survey on Private Copying
Law & Practice 20165.

11

Table 5: Refunds or exemptions in case of exports
ModelsCountries

Exemption with refund (but exports by manufacturer/ Austria, Belgium, Bulgaria, Denmark, Estonia, France, Hungary,importer are exempted upfront)
Italy, Latvia, Lithuania, Netherlands, Portugal, Russian Federation,
Switzerland
Upfront exemption

Canada, Croatia, Czech Republic, Germany, Greece, Japan, Romania,
Slovak Republic, Sweden, Ukraine, Netherlands

No refund and/or exemption

Burkina Faso, Paraguay, Poland, Turkey, USA

5.3

Professional use and reduced liability

Blank media and devices can be used for purposes wholly unrelated to the private copying exception, forinstance, for the storage of professional data, or for professional reproductions where a license would be
required. In such cases, products can be sold to a professional end user and no private copying is taking place.
In some countries, either products sold to professional end users are exempted from the payment of the levy
or liable parties are entitled to a refund.

International Survey on Private Copying
Law & Practice 2016

Within the EU, the CJEU ruling in Padawan v SGAE (October 21, 2010) had a considerable impact on thecollection of levies. The court ruled that the indiscriminate application of the private copying levy to all typesof digital reproduction equipment, devices and media, including cases in which such equipment is acquiredby persons other than natural persons for purposes clearly unrelated to private copying, is incompatible withthe 2001 Information Society (or “Copyright”) Directive. Before this ruling, mutualization systems, as they
were known, were common. In these systems, the professional use was incorporated into the tariff, resulting
in a reduced flat-rate tariff to be paid on all sales. Without this approach, the tariff would have been higher
for products intended for private copying.

12

Padawan has led to follow-up cases in national jurisdictions and new cases before the CJEU to clarify theruling further. In Spain, the result was the abolition of a system of collecting through media and devices,leaving Spanish rightholders with an amount determined annually by the government based on the harmcaused to rightholders by private copying. European rightholders have lodged a complaint with the European
Commission10 and questions have been referred to the CJEU (C-470/14)11. For Spain, the recent ruling in thiscase has created the possibility of reintroducing a levy system. This process has only just begun and will bemonitored.
Court cases resulting from Padawan are still ongoing in many European countries.
In some countries, systems exempting professional users were adapted to implement the latest case law.
Similar to the procedures used in the case of exports, if professional use is exempted, countries implementa refund system or an upfront exemption (in the law or via contractual arrangements with the collecting
society) for specific professional users (e.g., hospitals or government institutions). The question of whether
the exemption can be regulated via contractual arrangements rather than by the law itself has been brought
before the CJEU in Nokia Italia v SIAE (C-110/15)12. In this case, the CJEU held that an ex ante exemption thatis regulated via contractual arrangements is not compatible with EU law if the reimbursement of the levy may
only be requested by the final user.

5.4

Online sales and cross-border liability

Nowadays, many of the levied products are bought online and sometimes the seller is located in anothercountry, where a different private copying system is in place or there is no such system at all. Of particular
relevance for EU Member States, but also interesting for other jurisdictions, is the judgment of the CJEU in
Thuiskopie v Opus (2011)13. The Court ruled that the State that has a private copying exception in the law inconjunction with a levy system should ensure that the levy is paid. The judgment states:
http://www.authorsocieties.eu/library/15/32/GESAC-complaint-against-spain-on-private-copying.
http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62014CN0470&rid=1.
12
http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62015CN0110&from=EN.
13
http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62009CJ0462&rid=1.
10
11

[…] it is for the Member State which has introduced a system of private copying levies chargeable to the
manufacturer or importer of media for reproduction of protected works, and on the territory of which
the harm caused to authors by the use for private purposes of their work by purchasers who reside there
occurs, to ensure that those authors actually receive the fair compensation intended to compensate themfor that harm.
In this case, the court in the Netherlands – the country of residence of the consumer, where a private copying
compensation system is in place – was requested to ensure recovery of the levy from the seller in Germany.

6.

Collection and distribution

This section discusses the following issues:
−−
−−
−−

the collection process and cost deductions
distribution schemessocial and cultural deductions

6.1

Collection process

Collecting societies appointed by the government or by rightholders collect private copying remunerations.
They must be representative of the whole variety of rightholders, and often the board of such a collecting
society consists of the representatives of various rightholders (authors, performing artists, producers and thelike).
In almost all countries, collection is done by one collecting society, to which importers, manufacturers andother liable parties are required to report. In some cases, however, the collecting society only represents a
specific group of rightholders and multiple societies collect remunerations on behalf of their rightholders.
This is the case for the Czech Republic, Greece and the Slovak Republic. It should be noted that not allsocieties have joined the survey and revenues derived from private copying presented can in these cases be
incomplete, being representative only for the category of rightholders the society represents.

6.2

Distribution schemes

Distribution to different categories of rightholders, represented by collecting societies responsible for
distribution to individual rightholders, follows schemes determined either by rightholders’ organizations orby law, ministerial decree or other State intervention.
Where the distribution scheme is a matter for rightholders, the shares are established in negotiations
between the different groups of rightholders. In some cases, the results must be validated or approved by
the government.
Usually, the total amount collected is first split between categories like audio, video, written works andinteractive works. The amounts allocated to these categories are divided among the groups of rightholders
within them. Distribution to audio rightholders is split between authors, performers and producers; video
rightholders are authors (directors, screenwriters, music authors, and literary authors), producers andperforming artists (actors and dancers). The introduction of levies on multifunctional devices makes it possible
to remunerate copying of all digital works, and the advent of relatively new digital content like e-books andother written works implies the creation of new schemes for distribution to these rightholders.
The first step, allocating collections to a category of copied works, is usually based on market research on thetype of works copied on the various media. As the levied products become increasingly multifunctional and all
works can be digitized, the actual copying behavior becomes more important for distribution. Some countries(like Switzerland) have a distribution scheme for each levied product for which monies were received.

International Survey on Private Copying
Law & Practice 2016

Distribution follows a more complicated scheme. Some collected funds are distributed directly to individual
rightholders – this is the case if multiple collection societies operate on the market – but in most cases,
distribution is done in stages. The society responsible for the collection allocates funds to organizationsof rightholders (distributing organizations) representing the various categories of rightholders (authors,
producers and performing artists) for further distribution to individual rightholders.

13Social and cultural deductions

6.3

In the majority of the participating countries, a percentage is deducted for social and cultural purposes, on
average about 30 per cent. These cultural funds are intended for the promotion of young artists or to feed
pension funds for artists. In most cases, the law determines these percentages. Cultural government bodies
welcome funds that are allocated to promote the culture of society and improve the position of rightholders.
The percentages vary from 10 per cent to 100 per cent, the latter only in Turkey, where levies are used entirelyfor cultural purposes by the Ministry of Culture.
Often, a separate fund is created to select cultural events or projects that will receive financial support. In
many cases, rightholders are members of the selection committees and their vote is crucial in deciding how
the money is spent. If the collecting society does not deduct cultural funds, the distributing organizations
can sponsor activities or events that help their specific category of rightholders. This approach differs fromthe cases, as in Turkey, in which the destination of private copying remunerations is determined by thegovernment.
The funds allocated to the development of the arts and to cultural events are substantial, contributing tocultural diversity and growth within the sector. This collective aspect of private copying compensation is very
valuable for rightholders, particularly because of its impact on social conditions. Firstly, arts and culture thrive,as in France, where the financial input is considerable. Secondly, artists enjoy more security in old age, as inGermany, where pensions for creators receive substantial contributions from private copying income.
In the 2013 CJEU Amazon v Austro-Mechana case, the legitimacy of social and cultural deductions withregard to fair compensation was questioned. The CJEU held that the right to fair compensation cannot be
excluded because half of the funds received by way of such compensation or levy are paid to social andcultural institutions set up for the benefit of those entitled to such compensation, rather than directly tothose entitled, provided that those social and cultural establishments actually benefit those entitled and thedetailed arrangements for the operation of such establishments are not discriminatory, which it is for thenational court to verify14. The case is pending before the Supreme Court of Austria and a ruling was given
on March 15, 2017.15
Table 6: Social and Cultural deductions

International Survey on Private Copying
Law & Practice 2016

Country with social and cultural funds

14

Austria% Social and cultural purposes
50%

Determined by
Law

Bulgaria

30%

Law

Burkina Faso

50%

Law

Croatia30%

Law, music rightholders

Czech Republic

0%

Rightholders

Denmark33%

Law

Estonia10%

Law

Finland

50% video, 35% audio

Law

France25%

Law

Hungary

7% national cultural fund
3% Artisjus fundLaw, rightholders

Italy

10% Cultural promotion activities*
50% of video for performing

Law
Performing artists

Japan

20%

Law

Latvia10%Music authors

Lithuania

25%

Law

Paraguay10%

Law, authors and artists

1415

http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62011CA0521&rid=1, para. 3.
http://www.akm.at/festplattenabgabe-ogh-gibt-kunstschaffenden-recht/

PolandYes

Rightholders’ organizations

Portugal

20%

Law

Russian Federation

Max. 20%

Law – rightholders

Switzerland

10%

Rightholders’ organizations

Turkey100%

Law* Belgium, Canada, Germany, Greece, the Netherlands, Norway, the Slovak Republic, Slovenia, Spain, Sweden and the United States have no social and cultural deductions.
* In Italy, the new law of 2015 introduced a 10 per cent deduction

7.

Revenue trends

Table 7 provides the total revenues in current euros for 2007-2015 in each of the countries for which data
are available16. Table 8 shows the relative development over this period and in the last year17. As shown at
the bottom of these tables and in Figure 1, total revenue has increased by 6 per cent over the years, from598 million euros in 2007, via an all-time high of 796 million euros in 2014, to 636 million euros in 2015.
Total revenues prove to be volatile, with strong increases in 2009, 2013 and 2014 and significant decreases
in 2011 and 2015. This cannot be explained by missing values in the data, as can be seen from the line
“Total excluding incompletes” in Table 7, as well as from Figure 1, in which the dashed orange line excludes
countries for which data is missing for one or more years. The black dashed line gives the long-term linear
trend over the total sample, which suggests a slight increase.
By far the largest contributor to the volatility of total revenues is Germany. Germany was the country with thelargest revenues in 2014: 281 million euros, comprising over a third of total revenues. Germany also came infirst in 2009 and 2010, but revenues dropped to a mere 15 million euros in 2011, due to national litigation
about the levy system. Tables 7 and 8 show that, between 2013 and 2014, German revenues almost tripled,but in 2015 they were back at the 2013 level, leading to an overall decline of 32% in the 2007-2015 period.
Examples of other countries that show significant changes both in absolute and in relative terms are Spain,
the Russian Federation and the Netherlands. In the Netherlands, this is the result of a major restructuring of
the levy system as of 2013, which involved a drop in the levies on blank media and the introduction of levies
on several more modern recording devices. Conversely, in Spain, the existing levy system was replaced bya much soberer state-financed system in 2012, which was subsequently annulled by the Spanish Supreme
Court, leading to zero revenues for 2015. In addition, revenues in countries such as Finland that are smaller
in absolute terms tend to vary substantially.

Austria

16,413,000

13,213,000

11,699,000

9,907,000

7,838,000

5,787,000

5,985,447

6,303,356

10,076,591

Belgium

20,081,280

15,608,627

13,120,350

27,020,734

24,252,413

23,827,891

24,405,986

32,406,669

24,986,442

International Survey on Private Copying
Law & Practice 2016

The last two rows of Table 7 and the red line in Figure 1 give aggregate revenues for the EU countries in thesurvey. Over the years, these turn out to be responsible for a fairly stable 83 per cent to 93 per cent of total
revenue.

15

Table 7: Total revenues (in current €)*Country

Burkina Faso

2007

2008

2009

2010

2011

2012

2013

2014

2015

n/a

n/a

n/a

686,1221,181,691

895,817

n/a

n/a

n/a

Canada20,206,899

18,152,725

14,722,957

11,764,034

7,936,679

6,405,325

4,586,876

3,514,089

2,482,138

Croatia

284,624

1,380,286

1,944,318

1,602,780

1,252,109

1,046,848

1,166,424

1,120,721

1,011,968

Czech Rep.

5,224,634

8,810,308

7,394,248

2,854,806

3,178,417

3,369,593

3,354,478

3,524,442

3,846,451

Denmark

5,352,136

5,860,862

5,382,158

5,043,243

4,579,148

4,194,716

4,102,878

3,673,226

3,825,456

Estonia

283,452

228,500

120,096n/a

n/a

24,88323,993

9,438

6,205

Revenues for countries outside the euro-area have been converted from local currency units to current euros using annual averageexchange rates as provided by the World Bank (http://data.worldbank.org/). The exchange rates used per country for 2012-2016 are
specified in the country sheets in this report. Revenues for earlier years have been taken from the previous edition of this survey andhave not been recalculated.
17
For non-euro countries, these growth and decline figures can be affected significantly by changes in the exchange rate and hence
can differ from the growth or decline in local currency units.
16

Table 7: Total revenues (in current €)* (continued)
Finland15,566,656

12,030,920

8,799,293

6,478,600

5,428,400

7,073,300

6,407,100

4,878,300

11,000,000

France163,402,714

166,932,996

172,361,311

188,737,396

192,780,541

173,877,725

207,972,000

216,861,000

226,132,535

Germany

148,841,000

127,338,000

289,978,000

244,021,000

14,782,000

74,117,000

102,546,000

281,204,000

100,665,000

Greece22,894524,486

153,055

778,200

1,182,717

245,699

297,665

336,654

102,035

Hungary

11,539,681

8,476,274

8,942,092

9,485,541

10,326,534

12,570,324

19,468,996

27,949,968

22,055,429

Italy

70,956,045

61,662,334

44,527,702

51,802,831

84,009,114

71,738,387

67,086,699

77,986,505

129,630,285

Japan

16,904,865

21,090,642

19,084,892

25,360,171

25,489,320

8,741,640

1,493,998

253,611

728,458

Latvia812,193

601,625

358,426

203,761

223,141

207,989

267,481437,866

329,306

Lithuania

84,423

801,650

711,011

102,534

102,534

1,972,906

2,642,206

2,808,503

3,124,441

Netherlands

19,249,000

17,010,000

14,885,000

10,820,000

9,210,000

5,376,000

30,831,000

35,795,000

28,219,741

Norwayn/an/a4,954,248

5,215,686

5,372,549

5,675,556

5,617,991

5,425,067

5,071,056

Paraguay

n/a

n/a

n/a

n/a

n/a

933,483

923,310

799,737

900,124

Poland4,290,581

4,906,569

2,508,799

1,891,712

1,881,498

1,642,848

2,118,238

1,531,470

1,570,586

Portugal

5,752,919

4,594,998

3,633,984

2,359,418

2,292,392

1,215,863

893,454

688,097

3,323,438

Romanian/a302,242

502,789

970,012

1,541,873

2,001,662

2,533,338

3,370,395

n/aRussian Fed.

-

-

-

952,484

17,094,833

29,600,101

80,455,420

52,543,705

32,326,196

Slovak Rep.

903,677

977,373

621,116

691,843

382,748

433,088409,899

700,702

1,442,193

Spain

40,706,047

59,992,342

79,080,032

82,176,345

61,709,742

5,000,000

5,000,000

5,000,000-

Sweden19,136,070

14,403,548

12,609,229

9,889,162

8,405,433

9,823,462

13,186,657

15,147,304

10,285,356

Switzerland

11,952,060

22,433,306

16,133,395

11,827,635

8,308,485

6,743,805

5,934,799

11,467,426

12,473,362

Ukraine

n/a

n/a

n/a

129,644

186,438

58,93838,235

12,027125,295

United States

n/a

n/a

n/a

1,208,072

1,438,711

1,323,099

583,698

293,955

135,249

597,966,850

587,333,613

734,227,501

713,980,767

502,367,460

465,924,948

600,334,266

796,043,237

635,875,338

-2%

25%

-3%

-30%

-7%

29%

33%

-20%

Total

International Survey on Private Copying
Law & Practice 2016

Growth/decline

16

Total excluding
incompletes

597,683,398

586,802,871

728,650,368

705,771,231

492,646,198

455,011,510

590,613,701

786,132,618

629,637,409

Total EU

548,903,026

525,656,940

679,332,009

656,836,918

435,358,754

405,547,183

500,699,939

721,733,619

581,633,458

EU/Total

92%

89%

93%

92%

87%

87%

83%

91%

91%

Note: “n/a” = no revenue figures available; “-” = no revenues. No revenue figures available for Turkey. No functioning collection in
Slovenia and Bulgaria.
* Revenues for Czech Republic represent the OSA revenues only.

Table 8: Revenue developments in past 8 years and last year
Country

2007-20152014-2015

Austria-39%

60%

Belgium

24%-23%

Canada-88%-29%

Croatia

256%

-10%

Czech Rep.

-26%

9%

Denmark-29%

4%

Estonia

-98%

-34%

Finland

-29%

125%

France38%

4%Germany

-32%

-64%

Greece346%-70%

Hungary

91%

-21%

Italy

83%

66%

Japan

-96%

187%

Latvia-59%-25%

Lithuania

3601%

11%

Netherlands

47%

-21%

Norwayn/a-7%Paraguayn/a

13%

Poland-63%

3%

Portugal

-42%

383%

Russian Federation

n/a

-38%

Slovak Rep.

60%

106%

Spain

-100%

-100%

Sweden-46%-32%

Switzerland

4%

9%

Ukrainen/a942%

United States

-54%

Total

6%

-20%

Total excluding incompletes

5%

-20%

Total EU

6%

-19%

Note: “n/a”= nogrowth/decline
figurefigure
available.
No relevant
figures figuresavailableavailable
Romania,Romania,
Turkey andUkraine.
functioning
collection in Slovenia
Note:
“n/a”
= no
growth/decline
available.
No relevant
TurkeyandNo
Ukraine.
No functioning
collection
and Bulgaria.
inSlovenia and Bulgaria.

Figure1: 1:Total
Total
revenues
all countries
in dataset,excl. incompletes
Figurerevenues
for allfor
countries
in dataset,
total excl.total
incompletes
and total EU and total EU€ 900,000,000

International Survey on Private Copying
Law & Practice 2016

€ 800,000,000€ 700,000,000€ 600,000,000€ 500,000,000€ 400,000,000

17€ 300,000,000€ 200,000,000
Total revenues surveyed countries
Total excluding incompletes€ 100,000,000

Total EU

€0
2007

2008

2009

2010

2011

2012

2013

2014

2015

Table 9 shows the total revenues per capita per year calculated using annual population data
retrieved from the World Bank.17 Revenues per capita in 2015 ranged from less than 0.01
euro in the United States and Ukraine to 3.38 euros in France.
The last six rows in Table 8 give average revenues in the participating countries andTable 9 shows the total revenues per capita per year calculated using annual population data retrieved fromthe World Bank18. Revenues per capita in 2015 ranged from less than 0.01 euro in the United States andUkraine to 3.38 euros in France.
The last six rows in Table 8 give average revenues in the participating countries and standard deviations as ameasure of the spread between countries in the revenues per capita:
•
•

•

•

In the first of these, the population-weighted average encompasses all countries with data available foreach specific year. It ranges from 0.41 euro to 0.99 euro; in 2015 it was 0.58 euro.
To gain a better understanding of global trends in per capita revenues, the second row gives these
averages, while excluding countries for which any one year is missing. For total revenues, it was shownthat this exclusion did not change much (see the blue versus the dashed orange line in Figure 1), but forrevenues per capita, the effect is substantial because of partially missing data for populous countries suchas the United States and Ukraine. This metric increased slightly from 0.84 euro in 2007 to 0.87 euro in2015, with a significant dip in 2011-2012 and a peak in 2014, both of which can largely be ascribed toGermany.
The third of the bottom rows provides the (population-weighted) average for the EU countries in thesample and the fourth row excludes countries for which any one year is missing. The differences between
these two rows are relatively small and only caused by partially missing data for Estonia and Romania.
These EU averages follow a pattern that resembles Figure 1, with a slight net increase between 2007 and2015, a dip in 2011 and 2012 and a peak in 2014.
The two bottom rows give the unweighted standard deviation of the revenues per capita, first for theentire sample and then for the EU countries in the sample. The values in these rows illustrate that the
spread in the revenues per capita fluctuates over the years and shows no clear indications of convergenceor divergence. In fact, a comparison between the last two rows reveals that the spread within the EU
subsample is even marginally wider, despite the shared legal framework of the Copyright Directive(2001/29/EC) and a number of important CJEU rulings on private copying levies over the last few years.

Table 9: Total revenues per capita in participating countries (in current €)*International Survey on Private Copying
Law & Practice 2016

Country

18

2007

2008

2009

2010

2011

2012

2013

2014

2015

Austria

1.98

1.59

1.40

1.18

0.93

0.69

0.71

0.74

1.17

Belgium

1.89

1.46

1.22

2.48

2.20

2.14

2.18

2.89

2.21

Burkina Faso

n/a

n/a

n/a

0.04

0.07

0.05

n/a

n/a

n/a

Canada

0.61

0.55

0.44

0.35

0.23

0.18

0.13

0.10

0.07

Croatia

0.06

0.31

0.44

0.36

0.29

0.25

0.27

0.26

0.24

Czech Republic

0.51

0.85

0.71

0.27

0.30

0.32

0.32

0.33

0.36

Denmark

0.98

1.07

0.97

0.91

0.82

0.75

0.73

0.65

0.67

Estonia

0.21

0.17

0.09

n/a

n/a

0.02

0.02

0.01

0.00

Finland

2.94

2.26

1.65

1.21

1.01

1.31

1.18

0.89

2.01

France

2.55

2.59

2.66

2.90

2.95

2.65

3.15

3.26

3.38

Germany

1.81

1.55

3.54

2.98

0.18

0.92

1.25

3.47

1.24

Greece

0.00

0.05

0.01

0.07

0.11

0.02

0.03

0.03

0.01

Hungary

1.15

0.84

0.89

0.95

1.04

1.27

1.97

2.83

2.24

Italy

1.21

1.05

0.75

0.87

1.41

1.20

1.11

1.28

2.13

Japan

0.13

0.16

0.15

0.20

0.20

0.07

0.01

0.00

0.01

Latvia

0.37

0.28

0.17

0.10

0.11

0.10

0.13

0.22

0.17

Lithuania

0.03

0.25

0.22

0.03

0.03

0.66

0.89

0.96

1.07

Netherlands

1.18

1.03

0.90

0.65

0.55

0.32

1.83

2.12

1.67

Norway

n/a

n/a

1.03

1.07

1.08

1.13

1.11

1.06

0.98

18

http://data.worldbank.org/, update 16 December 2016.

Paraguay

n/a

n/a

n/a

n/a

n/a

0.15

0.14

0.12

0.14

Poland

0.11

0.13

0.07

0.05

0.05

0.04

0.06

0.04

0.04

Portugal

0.55

0.44

0.34

0.22

0.22

0.12

0.09

0.07

0.32

Romania

n/a

0.01

0.02

0.05

0.08

0.10

0.13

0.17

n/a

Russian Federation

0.00

0.00

0.00

0.01

0.12

0.21

0.56

0.37

0.22

Slovak republic

0.17

0.18

0.12

0.13

0.07

0.08

0.08

0.13

0.27

Spain

0.90

1.31

1.71

1.76

1.32

0.11

0.11

0.11

0.00

Sweden

2.09

1.56

1.36

1.05

0.89

1.03

1.37

1.56

1.05

Switzerland

1.58

2.93

2.08

1.51

1.05

0.84

0.73

1.40

1.51

Ukraine

n/a

n/a

n/a

0.00

0.00

0.00

0.00

0.00

0.00

United States

n/a

n/a

n/a

0.00

0.00

0.00

0.00

0.00

0.00

Average (population weighted)

0.84

0.80

0.99

0.64

0.45

0.41

0.54

0.71

0.58

Average excluding incompletes

0.84

0.82

1.02

0.98

0.69

0.63

0.82

1.09

0.87

Average EU

1.37

1.24

1.60

1.55

1.02

0.95

1.17

1.69

1.42

Average EU excluding incompletes

1.37

1.31

1.68

1.63

1.08

1.00

1.23

1.78

1.43

Standard deviation (unweighted)

0.86

0.82

0.88

0.87

0.71

0.65

0.79

1.05

0.90

Standard deviation EU (unweighted)

0.88

0.73

0.90

0.93

0.76

0.71

0.85

1.14

0.95

Note: “n/a” = no revenue figures available; No revenue figures available for Turkey. No functioning collection in Slovenia and Bulgaria.
* Revenues for Czech Republic represent the OSA revenues only.

The blue and the dark grey (upper) bars in Figure 2 present the 2015 revenues per capita for each country,
sorted by value. These values correspond to the rightmost column in Table 9. In 2015, France collected
the highest private copying levies per capita, 3.38 euros, followed at a considerable distance by Hungary,
Belgium, Italy and Finland. Dashed lines give the (population-weighted) sample average and the EU average.
Non-EU countries are depicted by dark grey bars.

It can be observed that countries with a percentage tariff (Table 3) are in the lower ranks of Figure 2. However,this may result from differences in wealth rather than from differences in the calculation of levies. From aglance at Figure 2, it appears that, aside from non-European countries, there is a positive correlation between
revenues per capita and income per capita.

International Survey on Private Copying
Law & Practice 2016

To reduce year-to-year volatility, the light grey (lower) bars give for each country the average revenues for
2013-2015 (calculated as average total revenues divided by average total population). Whereas the top threepositions of France, Hungary and Belgium are almost identical over this three-year period, the positions ofother countries such as Germany, Italy, and Finland are quite different.

19population). Whereas the top three positions of France, Hungary and Belgium are almost
identical over this three-year period, the positions of other countries such as Germany, Italy,
and Finland are quite different.
It can be observed that countries with a percentage tariff (Table 3) are in the lower ranks of
Figure 2. However, this may result from differences in wealth rather than from differences in
the calculation of levies. From a glance at Figure 2, it appears that, aside from non-European
countries, there is a positive correlation between revenues per capita and income per capita.
Figure 2: Levy revenues per capita in 2015 and 2013-2015 average (light grey bars)
Figure 2: Levy revenues per capita in 2015 and 2013-2015 average (light grey bars)
Spain
United States
UkraineEstoniaJapan
GreecePolandCanadaParaguay
LatviaRussian Federation
Croatia
Slovak republic
Portugal
Czech Republic
Denmark
NorwaySwedenLithuania
Austria
Germany
Switzerland
Netherlands
Finland
Italy
Belgium
Hungary
France€ 0.00EU average

Sample average€ 0.00€ 0.00€ 0.00€ 0.01€ 0.01€ 0.04€ 0.07€ 0.14€ 0.17€ 0.22€ 0.24€ 0.27€ 0.32€ 0.36€ 0.67€ 0.98€ 1.05€ 1.07€ 1.17€ 1.24€ 1.51€ 1.67€ 2.01€ 2.13€ 2.21€ 2.24€ 3.38€-€ 0.50€ 1.00€ 1.50€ 2.00€ 2.50€ 3.00€ 3.50Note: no 2015 revenue figures available for Burkina Faso, Romania and Turkey. No functioning collection in Slovenia and Bulgaria. Sample
averageEU revenue
average population-weighted.
Note: noand2015
figures available for Burkina Faso, Romania and Turkey. No functioning collection in Slovenia and Bulgaria.

International Survey on Private Copying
Law & Practice 2016

Sample average and EU average population-weighted.

Figure 3 looks more closely at this relationship by depicting the 2015 gross national income
Figure of
3 looks
more closely atthis relationshipby depicting
2015(PPP)
gross national
income(GNI)(GNI)
the participating
countries
in purchasing
powertheparityversus the2015
levyof theparticipating
countries
purchasing
power parity(PPP) versus
thesample;
2015 levytherevenues
per capita.
Each dotrevenues
percapita.inEach
dot represents
a country
in thecoordinate
on therepresentsacountry
inthesample;thecoordinateonthehorizontal
axis
corresponds
to
its
GNI
per
horizontal axis corresponds to its GNI per capita and that on the vertical axis correspondscapita
toandlevythat revenues
on the verticalcorresponds
its levy revenues
percorrelation
capita. Figure
3 showslevies
a positive
its
per axis
capita.
Figure 3toshowsa positive
betweenandcorrelation
GNI
betweenlevies
GNI perthe higher
the perpurchasing
per capita
a country,
percapita:theandhigherthecapita:
purchasing
power
capita power
in a country,
theinhigher
the thelevyhigher thelevyrevenues
percapita.
The
varianceissubstantial,
however.
Includingallvaluesin
Figure3,
thecorrelation
revenues per capita. The variance is substantial, however. Including all values in Figure3,
coefficient is 0.35. When the dataset is limited to the EU, the correlation coefficient jumps to 0.47.

The correlation suggests another relevant metric to use in comparing countries: total levy revenues relative
25to
GNI19. Figure 4 ranks the participating countries using this metric. As in Figure 2, the dashed lines represent
the sample and EU average values (weighted by GNI) and non-EU countries are depicted by grey bars. Hungary
has by far the highest revenues from private copying levies relative to GNI: for every 1 million euros of GNI,
191 euros in levies are collected. France comes second, followed by Lithuania and Italy.

20

19

For this metric, it is more intuitive to use nominal GNI in current € (Atlas method, not PPP).

coefficient jumps to 0.47.
The correlation suggests another relevant metric to use in comparing countries: total levy
revenues relative to GNI.18 Figure 4 ranks the participating countries using this metric. As in
Figure 2, the dashed lines represent the sample and EU average values (weighted by GNI)
and non-EU countries are depicted by grey bars. Hungary has by far the highest revenues
from private copying levies relative to GNI: for every 1 million euros of GNI, 191 euros inlevies are collected. France comes second, followed by Lithuania and Italy.
FigureLevy
revenues
GrossIncome
National
Income(PPP),
capita in 2015 euros
Figure3: 3:
Levy
revenuesv GrossvNational(PPP),
per capita
in 2015per
euros€ 4.00€ 3.50France2015 levy revenues per capita (in €)€ 3.00€ 2.50Hungary

BelgiumItaly€ 2.00FinlandNetherlands€ 1.50

Switzerland
Germany
Austria
SwedenLithuania€ 1.00

NorwayDenmark€ 0.50

Ukraine€ 0.000Paraguay

10000

Croatia
Japan

20000

Canada30000
40000
2015 GNI per capita (PPP in €)United States

50000

60000

70000

Note: GNI per capita retrieved from http://data.worldbank.org/ (Update December 16, 2016) and converted from current US$ values into € using

Note:
GNI per
capitaretrieved
from http://data.worldbank.org/(Update16,figures2016)available
and converted
fromcurrent
US$ andvaluesthe averageannualdollar/euro
exchange
rate provided by the World Bank.
No December
2015 revenue
for Burkina
Faso,
Romania
Turkey.
No functioning
collection
in Slovenia
andexchange
Bulgaria. rate provided by the World Bank. No 2015 revenue figures available for Burkina
into€ using
the averageannualdollar/euroFaso, Romania and Turkey. No functioning collection in Slovenia and Bulgaria.

International Survey on Private Copying
Law & Practice 201621
18

For this metric, it is more intuitive to use nominal GNI in current € (Atlas method, not PPP).

26

Figure 4: Levy revenues per capita per 1 million euros of GNI in 2015
Figure 4: Levy revenues per capita per 1 million euros of GNI in 2015
Spain
United StatesJapan
Estonia
GreeceUkraineCanadaPolandNorwayLatviaDenmark
Slovak republic
Portugal
Switzerland
SwedenCroatia
Russian Federation
Czech Republic
Austria
Germany
Paraguay
Netherlands
Finland
Belgium
Italy
Lithuania
FranceHungary€ 0.00EU average€ 45.54

Sample average€ 16.99€ 0.01€ 0.17€ 0.29€ 0.51€ 1.16€ 1.62€ 3.44€ 11.55€ 12.32€ 12.77€ 16.78€ 17.35€ 19.73€ 20.10€ 20.92€ 21.73€ 22.29€ 27.37€ 29.85€ 35.89€ 37.82€ 47.81€ 55.49€ 72.07€ 79.70€ 92.60€ 191.42

€0

€ 50

€ 100

€ 150

€ 200

Note: GNI in current € (Atlas method), calculated using GNI per capita and population retrieved from http://data.worldbank.org/ (Update December
16,
2016)
and
current
US$ values
to € using
averageannualdollar/euro
exchange
rate fromprovidedby the World Bank. No 2015
Note:
GNI
in converted
current €from(Atlasmethod),calculatedusingtheGNI
per capita
andpopulation
retrieved
http://data.worldbank.org/
revenueavailable
Burkina
Romania
andcurrent
Turkey.US$
No functioning
in Slovenia
Bulgaria.
Sampleexchange
average and(Updatefigures
December
16, for2016)
andFaso,convertedfromvalues to €collection
using theaverage andannualdollar/eurorateEUaverage GNI-weighted.

International Survey on Private Copying
Law & Practice 2016provided by the World Bank. No 2015 revenue figures available for Burkina Faso, Romania and Turkey. No functioning collection in
Slovenia and Bulgaria. Sample average and EU average GNI-weighted.

In addition to this correlation between per capita levy revenues and GNI, various otherpossible
may beconsidered.
Care
beand
taken
to draw
In additioncorrelations
to this correlation
betweenper capita
levyshould
revenues
GNI,not
variousotherunfoundedpossible correlations
inferences
regardingcausalityfromthecorrelations
displayed
below.
Figure5 plots
the from
2015themay be considered. Care should be taken not to draw unfounded inferences regarding
causality
revenues
percapitaagainstthenumberofInternet
users
per
100
inhabitantsin2015.
Again,
correlations displayed below. Figure 5 plots the 2015 revenues per capita against the number of Internet
there
appears
to be a (weak)correlation
coefficientfor thesampleisusers per
100 inhabitantsin 2015.correlation.
Again, there The
appears
to be a (weak)correlation.
Thewhole
correlation
coefficientfor theWithinwhole thesample0.28. Withinit theEU subsample
it is 0.22.
is important
notethat the ACI Adam/
0.28.
EU issubsample
is 0.22.
It is important
to Itnotethat the to
ACI
Adam/Stichting
Stichtingde Thuiskopieby the (C-435/12)
CJEU (C-435/12)
confirmed
downloadingfromillegal sourcesdeThuiskopie
ruling byruling
the CJEU
confirmedthat that
downloadingfromillegaldoes not does
produceprivatecopiesand thatlegal andcopiesacquiredfrom theInternet frommay or
may not
sourcesnotleviable
produceleviable
privatecopiesthat
legal copies
acquiredthebe leviable,
dependingon thenature of depending
the copy andHence,
Internet
availability
Internetmayor may not
be leviable,
onthe
therelevant
naturelegislation.
of the copy
and therelevant
cannot be linked
causally
to private
copying,cannot
but maybe
belinkeda proxycausallyfor the availability
equipment
formaymakinglegislation.
Hence,
Internet
availability
to privateofcopying,butlegitimate
privatecopies.
be a proxy for the availability of equipment for making legitimate private copies.

22

27

Figure5: Levy
Levy
revenues
per capita
in 2014euros
v Internet
users per 100 inhabitants
Figure 5:revenues
per capita
in 2015 euros
v Internet
users
per 100 inhabitants€ 4.00€ 3.50France2015 levy revenues per capita (in €)€ 3.00€ 2.50Hungary
Italy€ 2.00Belgium

FinlandNetherlands€ 1.50

Switzerland

Lithuania€ 1.00Austria

Germany
SwedenNorwayDenmark€ 0.50Paraguay€ 0.0040

Ukraine50

CanadaUnited States

60
70
80
Internet users per 100 population (2015)

90

Japan

100

Note: Internet users per 100 inhabitants retrieved from http://data.worldbank.org/ (Update December 16, 2016). No 2015 revenue figures available
Internet
users perand100
inhabitants
retrieved
from http://data.worldbank.org/
forNote:BurkinaFaso, Romania
Turkey.
No functioning
collection
in Slovenia and Bulgaria. (Update December 16, 2016). No 2015 revenue

figures available for Burkina Faso, Romania and Turkey. No functioning collection in Slovenia and Bulgaria.

Figure 6 plots the 2015 revenues per capita against the total payments for and receipts from IP per capita in2015. Despite all the caveats mentioned above, these two variables have a substantial correlation coefficient
Figure6 plots
the 2015
revenues
per capita
thepayments
for and receipts
from6 hasof 0.31,decreasingslightly
to 0.26 when
non-EUagainst
countries
aretotal
excluded.
The horizontal
axis in Figure
IPapercapitain
2015.
Despiteallthecaveats
mentioned
above,
thesetwovariables
have
logarithmic scale to account for the large differences between countries in per capita IP charges. a

substantial correlation coefficient of 0.31, decreasing slightly to 0.26 when non-EU countries
are excluded. The horizontal axis in Figure 6 has a logarithmic scale to account for the large
differences between countries in per capita IP charges.

19

http://data.worldbank.org/, update December 16, 2016. The detailed description of these indicators
providedby the World Bank is: “Charges for the use of intellectual property are payments and receipts
20
http://data.worldbank.org/, update December 16, 2016. The detailed description of these indicators provided by the World Bank is:
betweenresidents and nonresidents for the authorized use of proprietary rights (such as patents,“Charges for the use of intellectual property are payments and receipts between residents and nonresidents for the authorized use
trademarks,
processes
and designs
includingsecrets,
andof proprietary copyrights,
rights (such as industrial
patents, trademarks,
copyrights,
industrial processes
andtradedesigns
includingand
tradefranchises)
secrets, and franchises)
forandthethroughagreements,
of produced
originalsor(suchprototypes(such
as copyrightsonforuse,the use,throughlicensing
licensing agreements,
of produced
originals or
prototypes
as copyrights
on booksand manuscripts,
computercinematographic
works,and soundcinematographic
recordings) and related
rights (suchfor liverecordings)
performances andbooks
andsoftware,manuscripts,
computersoftware,works,
and assoundandtelevision,
cable, orsatellite
broadcast).
Datain current U.S. dollars”.
relatedrights(such
as forliveareperformances
and television, cable, or satellite broadcast). Data are incurrent U.S. dollars”.

28

International Survey on Private Copying
Law & Practice 2016

Anothermight bebethe
therelationshiprelationshipbetweenrevenues
per capita
in country
Anotherrelevant
relevant metric
metric might
betweenthethelevylevy
revenues
per capita
in eacheach
country
andthat
country’s
overallcross-border
payments
forandreceipts
fromtheuserights
and that country’s overall cross-border payments for and receipts from the use of intellectual propertyof(IPRs)
intellectual
propertyrightsper capita.
Payments for andworks
receipts
fromcopyrightper capita.
Paymentsfor (IPRs)
and receipts
from copyright-protected
are animportantpart of this19
protected
are animportantpart ofavailable
this indicator.
The latter
variables
aresurvey
widelyand may be
indicator20works. The latter
variables
are widelyin the countries
participatingin theconsidered
a proxy
for theparticipating
importance ofinintellectual(IP) bein considered
an economy. aHowever,justavailablein thecountries
the surveyproperty
and mayproxy forthelike thenumber of ofInternet
users, property
this is a very
it includes
severaljust
sorts
IP otherthanimportance
intellectual(IP)roughin an proxy:economy.
However,likeofthe
numberofcopyright,
and private
copying
not roughnecessarily
correlatewith authorizedpaid-for
Internet
users,
this ismaya veryproxy:
it includes
several sortsof IPtransactions.
other than Moreover,copyright,these
indicators
cross-border
payments.
andprivatemeasure
copyingonly
may
not necessarily
correlate with authorized paid-for transactions.
Moreover, these indicators measure only cross-border payments.

23

FigureLevy
revenues
per capita
in 2014v Internet
Figure 6:5:Levy
revenues
per capita
v total charges
for euros
IP per capita(2015) users per 100 inhabitants€ 4.00€ 3.50France2015 levy revenues per capita (in €)€ 3.00€ 2.50Hungary
Italy€ 2.00Belgium

FinlandNetherlands€ 1.50

Switzerland

Lithuania€ 1.00Austria

Germany
SwedenNorwayDenmark€ 0.50Paraguay€ 0.0040

Ukraine50

CanadaUnited States

60
70
80
Internet users per 100 population (2015)

90

Japan

100

Note: Internet users per 100 inhabitants retrieved from http://data.worldbank.org/ (Update December 16, 2016). No 2015 revenue figures available
for Burkina Faso, Romania and Turkey. No functioning collection in Slovenia and Bulgaria.

International Survey on Private Copying
Law & Practice 2016

Note: No 2015 revenue figures available for Burkina Faso, Romania and Turkey. No functioning collection in Slovenia and Bulgaria.

24

Another
metricshown
mightabove
be theshould
relationshipbetweenbe
thelevy revenues
capita in
As said, relevant
the correlations
not automaticallyperceived
as causal.per
Moreover,they mayeach
andcountry’s
overallpattern,cross-border
payments
and receipts
fromthe useall becountry
driven by
onethatcommonunderlying
for instancethe linkfor
betweenper capita
incomeand levy
Econometriccan per
be applied
test the relativeof various
variables toofrevenues.
intellectual
property techniquesrights (IPRs)
capita. toPayments
for andcontribution
receipts from
copyright19
understandlevy revenues.
It should bepartnoted,
however,that theannualnumberof observations
is fairly small,
protected
works
are an importantof thisindicator.
The
lattervariables
are widely
which limits
the countries
possibilitiesparticipating
for such analysis.
availablein thein the survey and may be considered a proxy for theimportance of intellectual property (IP) in an economy. However, just like the number ofTable 10 present the outcomes of so-called cross-sections to explain the levy revenues per capita in 2015,
Internet
users, this is a very rough proxy: it includes several sorts of IP other than copyright,
2014 and 2013 for the participating countries. In the first model, 2015 revenues per capita are explained by aandprivatecopying
necessarily
correlatewithauthorized
constant, whether
or maynot a notcountry
is a memberof the EU,
andthe GNI perpaid-for
capita intransactions.
PPP. The latter two turn
Moreover,these indicators
measurepayments.
out to be statisticallysignificant
above a only
95 percross-bordercent confidence
interval, which for this small data set can beconsidered a rather high level of certainty. The second model uses nominal GNI per capita instead of GNI in

21
Figure6 plots
the2015
revenues
perbetter
capitathetotalpayments
for and receipts from
PPP, which
turns
out
to perform
slightly
in against
explaining
levy
revenues.
IP per capita in 2015. Despite all the caveats mentioned above, these two variables have aThis secondcorrelation
model can becoefficientinterpretedof
as0.31,
follows:
EU members
have onaboutnon-EU
0.85 euros
higher levies
substantial
decreasingslightly
toaverage
0.26 whencountries
percapitawhen
correctingforincomelevel,
while
for
each
extra
1000
euros
of
national
incomecapita,are excluded. The horizontal axis in Figure 6 has a logarithmic scale to account for the perlarge
revenues
percapita
are
about
0.02
euro
higher.
The
counterparts
of
this
same
model
for
2014
and
2013
differences between countries in per capita IP charges.

(fifth and seventh column) show a similar pattern: EU members have 0.72~0.94 euros higher levy revenues
per capita, and for each additional 1000 euros of GNI per capita, levy revenues are about 0.02 euro higher.
Together, EU-membership and GNI per capita can explain 26~29 per cent of the variation in the levy revenues.

The third model for 2015 is similar to the second, but also includes the number of internet users per 100
people and the charges for and receipts from IP per capita. These two variables are not statistically significant
19(either together or separately), which indicates that the correlations depicted in Figure 5 and 6 are primarily
http://data.worldbank.org/, update December 16, 2016. The detailed description of these indicators
driven by the underlying GNI of the countries in the dataset.
provided by the World Bank is: “Charges for the use of intellectual property are payments and receipts
between residents and nonresidents for the authorized use of proprietary rights (such as patents,
trademarks, copyrights, industrial processes and designs including trade secrets, and franchises) andfor21 Confidence
the use, throughlicensingof produced
prototypes(suchcopyrightsonintervals are
marginallyagreements,
better and the overall
R-squared,originals
which is a ormeasurefor the extent
to as
which
the model explains
the differencesin levy revenues
between countries,
is a little
higher. The same works,
holds for andothersoundmodels andyears, whichandis why thebooks
and manuscripts,
computersoftware,cinematographic
recordings)
other models
use nominal
capita.
relatedrightsonly(such
as for GNI
liveper
performances
and television, cable, or satellite broadcast). Data are incurrent U.S. dollars”.

28The last model for 2015 and its counterparts for 2014 and 2013 examine the effect of the tariff-setting
model as summarized in Table 2. Although none of the coefficients differ statistically significantly from 0, theestimated difference between the first tariff-setting model and the other three is rather large, suggesting thatthe model in which the government sets the tariffs after negotiation between rightholders and the industry
generally yields higher outcomes. These last models can explain about 44 per cent of the variation in the levy
revenues.
Table 10: Regression models for revenues per capita (cross-sections)
Levy revenues per capita in
year

2015

2015

2015

Constant-0.61(0.52)-0.38(0.41)

0.70(1.15)

EU-member

0.74**(0.35)**

0.85**(0.35)**

1.00**(0.39)**

0.74**(0.34)**

0.94**(0.41)**

0.79**(0.39)**

0.72**(0.30)**

0.61**(0.29)**

GNI per capita in PPP/1000

0.028**(0.012)**0.020**(0.008)**0.025*(0.013)*0.013(0.009)0.025**(0.010)**0.020*(0.011)**0.020**(0.007)**0.015*(0.008)**

GNI per capita/1000
Internet users per 100 pop.

-0.02
(0.02)

Charges for IP per capita/1000

0.14(0.16)

2015

2014

2014

-0.48
(0.48)

2013

2013

-0.35
(0.36)

Government after negotiation

0.48(0.55)

0.36(0.61)

0.33(0.46)

Negotiation industries andsocieties-0.30(0.57)-0.06 (
0.66)

-0.35
(0.50)

Direct State intervention-0.36(0.39)-0.60(0.45)-0.38(0.34)

State-funded system-0.14(0.71)-0.78(0.82)-0.31(0.61)

28

28

28

28

29

29

29

29

R-squared (adjusted)

0.26(0.20)

0.29(0.23)

0.34(0.22)

0.43(0.30)

0.26(0.20)

0.44(0.31)

0.28(0.23)

0.44(0.31)

Note: “n/a” = no revenue figures available; No revenue figures available for Turkey. No functioning collection in Slovenia and Bulgaria.

Lastly, Table 11 presents three so-called panel models which allows for using the entire data set for theyears 2007-2015 and for studying the time trend within this period. The first two models (using different
econometric estimation techniques) are consistent with the observation from the simple models in Table 10:
EU members have significantly higher revenues per capita than the other countries (at 0.55~0,68 euros, theestimated effect is slightly smaller here), and for each 1000 more euros of GNI per capita, levy revenues are
0.01~0.03 euros higher. In addition, these models suggest a negative time trend of 0.02~0.03 euros per
capita per year when correcting for (growing) GNI and EU-membership.
The third model again considers the effect of the tariff-setting option. Consistent with the result from Table
10, the model in which the government sets the tariffs after negotiation between rightholders and theindustry generally yields higher outcomes, while the model in which tariffs are set directly by the State seems
to yield the lowest revenues per capita.

International Survey on Private Copying
Law & Practice 2016

N

25

Table 11: Regression models for revenues per capita (panel data)
Model

Panel least squares

Panel EGLS (cross-section
random effects)

Constant-0.28* (0.15)

0.14 (0.25)

EU-member

0.68** (0.11)

0.55** (0.24)

0.61** (0.10)

GNI per capita/1000

0.026** (0.003)

0.011** (0.006)

0.020** (0.003)

Year – 2007

-0.03* (0.02)-0.02 (0.01)-0.02 (0.02)

Panel least squares

Government after negotiation

0.26 (0.16)

Negotiation industries and societies-0.07 (0.18)

Direct State intervention-0.38** (0.14)

State-funded system-0.01 (0.22)

NR-squared (adjusted)

247

247

247

0.32 (0.31)

0.23 (unweighted)

0.40 (0.39)

Note: Coefficients with standard errors in parenthesis. * Significant at 90% confidence interval; ** Significant at 95% confidence
interval.

8.

Conclusion

International Survey on Private Copying
Law & Practice 2016

The private copying compensation systems in the world are not unchallenged. Governments, industry andrightholders are struggling to adapt to the globalization of the use of protected works and to the digital
environment. These adaptations are more easily accepted in some countries than in others; there is debate
about regulations, the scope of exceptions and the means of securing fair compensation for rightholders
whose exclusive rights have been narrowed. Conversely, there is noticeable appreciation of creative content
and a willingness to compensate rightholders for their creative efforts. It is important to continue monitoring
developments in the field of private copying. It is hoped that this survey will be a useful tool in negotiations
or serve to broaden the knowledge of this specific copyright and neighboring rights issue.

26

This 2016 edition of the International Survey on Private Copying shows that total revenues from private
copying levy systems increased by 6 per cent between 2007 and 2015: from 598 million euros in 2007 via
an all-time high of 796 million euros in 2014 to 636 million euros in 2015. Underlying this trend is a gradualmodernization of levy systems in many countries by extending them to new devices such as smartphones
and tablets. Revenues are volatile, however, with strong increases in 2009, 2013 and 2014, and significant
decreases in 2011 and 2015. By far the largest contributor to the volatility of total revenues is Germany.
Examples of other countries that show significant changes both in absolute and in relative terms are Spain,
the Russian Federation and the Netherlands. Over the years, the EU countries in the survey have accounted
for a fairly stable 83 per cent to 93 per cent of total revenues.
Revenues per capita in 2015 ranged from less than 0.01 euro in the United States and Ukraine to 3.38
euros in France. In 2015, France collected the highest private copying levies per capita, followed by Hungary,
Belgium, Italy and Finland. Over the years, the population weighted average (for all countries with data
available for every year) increased slightly from 0.84 euro in 2007 to 0.87 euro in 2015. Within the EU, thisaverage increased slightly from 1.37 euros in 2007 to 1.43 euros in 2015.
Although care should be taken not to draw unfounded inferences about causality, some interesting correlations
between the levy revenues per capita and several macro-economic variables have been established. The
higher the purchasing power per capita in a country, the higher the levy revenues per capita. This correlation
is particularly strong within the EU. Hungary has by far the highest revenues from private copying levies
relative to GNI; France comes second, followed by Lithuania, Italy and Belgium.
Other correlations exist firstly between revenues per capita and secondly, between the number of Internet
users per 100 inhabitants and per capita cross-border payments for and receipts from the use of intellectual
property rights. However, these correlations turn out to have no additional explanatory power in regression
models, together with GNI per capita and a variable expressing whether a country is a member of the EU.

EU members have 0,72~0.94 euro higher levy revenues per capita, and for each 1000 extra euros of GNI per
capita, levy revenues are about 0.02 euro higher. Moreover, regression models suggest a slightly negative
time trend, while countries in which the government sets the tariffs after negotiation between rightholders
and the industry generally have higher levy revenues per capita.
Much has been published on private copying and other exceptions and limitations in copyright. Further
information on the subject can be found on the websites of the participating collecting societies, theEuropean Commission information sites, academic research institutions and various respected legal blogs.
Some examples are provided below.
http://ec.europa.eu/internal_market/copyright/levy_reform/index_en.htm
http://kluwercopyrightblog.com/
http://www.ivir.nl
http://the1709blog.blogspot.nl/
http://ipkitten.blogspot.nl/

International Survey on Private Copying
Law & Practice 201627

COUNTRY REPORTS
1.

AustriaInternational Survey on Private Copying
Law & Practice 2016

Contact information
Country

Austria

Currency

Euro

Name of organization

Austro-Mechana

Websitewww.aume.at

Contact Person 1

Paul Fischer

Contact Person 2

Peter Dienstl

E-mail 1

paul.fischer@akm.at

E-mail 2

peter.dienstl@akm.at

Address

Baumannstraße 10

Postcode

1030

City

Wien

Phone

+431 717 87

Fax+431 712 71 36

Legislation and fundamental facts
Copyright law

The exception only applies when the source is legal and the carriers (media and/or
equipment) are to be used by natural persons only.

Remuneration system

The remuneration is collected through levies on the media – integrated memory, memory
cards or hard disc included – not on devices.

Liable for payment

The manufacturer, the importer or direct seller is responsible for payment as from the first
distribution in Austria. The obligation for reporting and payment may be transferred to the
supplier or distributor.
Small retailers are exempt from liability (either not selling storage media with more than
10,000 hours per half year or having a net turnover of less than 30,000 euros per year).

28

Collecting society: Collection and distribution
Collecting society or CMO isappointed by:Austro-Mechana has a legal monopoly and special authorization, and is controlled by,
and reports to, a special authority for Collective Societies under the Ministry of Justice.

Distribution process

Setting of distribution schemes is a matter for rights owners.

Rate setting
How are levies/remuneration determined?

Levies are set in free negotiations between rightholders and the Chamber ofCommerce, or by arbitration if negotiations fail.

Which criteria are used for determining thelevies/remuneration?

A market survey on the use of media is obligatory for any new levies.

Are there any consumers or buyers exempt
from paying the levies?

There is a legal exemption for professional use. There is no exemption for
private users, including mixed use of, e.g., single entrepreneurs. Since thewording of the law was broadened in Oct 1, 2015, the applicability of thisprovision is not fully certain. The point of view of Austro-Mechana (relating to
the former wording) is currently under examination by the Austrian Supreme
Court.

Are there any products exempt from levies?
Are refurbished products exempt

All media not used within the relevant scope for private copying, such as
Dictaphones, are exempt. Also, there is currently no levy on game consoles.
Refurbished products are not exempt.

Are there any developments, or ongoingnegotiations concerning new tariffs (e.g.,cloud storage)?

Negotiations on NPVR are ongoing. An outcome is still uncertain while there
is a possibility to include NPVR in the private copying scheme, under certain
conditions.

Levies are set in free negotiations between rights owners and the Chamber ofCommerce or by arbitration if negotiations fail.

Collection process
Since Oct 1, 2015, the law sets the reporting deadline at 15 days as from thelast quarter in which media was distributed for the first time in Austria. The
payment is due, as determined in the Umbrella Agreement, by the end of thereporting month.

How do you monitor or intervene in themarket?

Austro-Mechana is allowed to check the reports made in accordance with
the Umbrella Agreement. If media is not used for private or own purposes(the latter applying to school, university or collection use), for instance bycompanies, public institutions and similar, no levy is due. This is stipulated
by law.

Are exports exempted?

Exports are exempted and a refund can be obtained by presenting thepurchase invoice, export invoice or other export documents.

Who is considered an importer?

The first distributor in the Austrian market is liable. In case of direct sellingto private users from abroad, the direct seller is liable. Manufacturers aretechnically also obliged to pay the levies; however, they have no market
relevance in Austria.

Distribution process
Who distributes the collected remunerations
towards rightholders?

Austro-Mechana collects the funds and distributes them to the 7 collecting
societies authorized to collect the remuneration, including Austro-Mechanaitself. The collecting societies involved distribute the remunerations to theirrespective rightholders at their own discretion.

Frequency of distribution

Depends on the various regulations laid down by each collecting society for
its own rightholders.

Which rightholders?

Austro-Mechana represents the rights of composers, scriptwriters for music
and music publishers, and distributes the revenues to the participatingcompanies. Other societies represent music or film producers, broadcasting
companies as producers, visual artists, writers, actors and directors, among
others.

How are the distribution schemes
determined?

By multilateral negotiations.

International Survey on Private Copying
Law & Practice 2016

How frequently is payment due?

29

Distribution keys

The distribution scheme for 2015 onwards is not yet finalized. The last
distribution scheme stems from 2014 and is as follows:
Distribution scheme, audio:
47.92% Austro-Mechana (musical works)
1.58% Literar Mechana
49.50% LSG (neighboring rights)% VGR (broadcast)Distribution scheme, video:
14.87% Austro-Mechana (music creators and publishers)
13.63% Literar Mechana (writers and publishers)
6.25% LSG (music producers and performers)
23.50 % VAM (film producers)
23.50% VDFS (actors, directors)
1.75% Bildrecht (visual artists and photographers)
16.50% VGR (broadcasts)
Distribution schemes for various media and devices
Audio: 54%
Video: 46%

International Survey on Private Copying
Law & Practice 2016

Social and cultural funds for collective purposes

30

Is there a social and/or cultural deduction?

Yes. 50% is deducted for collective (social and/or cultural) purposes before
distribution. Deductions for social and cultural purposes are stipulated by law.

Which body is responsible for the allocationof funds to artists, cultural productions orsocial schemes?

The different funds for social and cultural purposes are responsible for
distribution, located at the various CMOs having a share in the private copying
levies.

What is the amount dedicated to the social
and/or cultural fund in 2015?

No amount has as yet been dedicated to the social and cultural fund. This will
be undertaken retroactively after (i) a successful ruling in the Amazon case;and (ii) final agreement on distribution among the participating CMOs.

How can social and cultural funds be used?

For social assistance; for the organization of thematic festivals and diverse
cultural activities.

Legal developments and court cases
Legal developments

A legal amendment clarifying the claims for digital media, particularly PCs, tablets andsmartphones entered into force on Oct 1, 2015. The new law is not retroactive.
A settlement has been reached with nearly all distributors/direct sellers of new media.
The settlement includes all media such as memories built into computers of all kinds,
external hard discs and tablets, as well as mobile phones enabling the storage of MP3/
MP4 files and the like. The tariffs applied to settlements for previous claims (2012 formobile phones, 2013 for all other new media, memory cards not encompassed at all)are identical with the current tariffs (see above). Austro-Mechana already received
a substantial amount for previous claims from nearly all market players and thus thesettlement can be said to have been successful.

Are there liable parties who deny
responsibility or refuse payment
for certain media/devices?

Amazon denies all claims. Cyberport is still seeking a settlement concerning traditional
media but has already consented to pay for “new media” (smartphones, all computers
and tablets).

Court cases

A verdict in the Amazon case was given by the Supreme Court of Austria on March 15,
2017.

Implementation problems

There was a minor dispute with some promotion material sellers on USB sticks, which
Austro -Mechana won. As from early 2016, surveillance of online sellers is being
reinforced following the new law on the levy for media of all kinds.

Tariffs
Current tariff valid
as from 1 Oct 2015
(euros)Capacity

Audio cassette

0.12

60 minutes

MiniDisc

0.24

80 minutes

CD-R/-RW audio

0.24

80 minutes/700 MB

CD-R/-RW data

0.23

80 minutes/700 MB

Video cassette

0.18

60 minutes

DVD+R/+RW

0.36

120 minutes/4.7 GB

DVD-R/-RW

0.36

120 minutes/4.7 GB

DVD-RAM

0.36

120 minutes/4.7 GB

DVD DL

0.72

240 minutes/8.5 GB

BR

1.08

120 minutes/25 GB

TariffCapacity

1.50< 512 MB2.50

< 1 GB

5.25< 4 GB

3.50

<4 GB

6.00

< 30 GB

7.00< 60 GB

8.00< 90 GB

9.00< 120 GB

10.00

< 160 GB and more

Audio

Video

Devices
MP3 audio-player

MP3/MP4-player

Consumer electronics
6.00< 80 GB

DVD-recorder, sat-receiver

10.00< 160 GB

12.00

< 250 GB

15.00

< 400 GB20.00

< 600 GB and more

Ext. multimedia

17.10< 250 GB

Hard disc with recording function

19.40< 500 GB22.50

< 750 GB24.30

< 1 TB and more

TariffCapacity

0.10< 1 GB

0.20< 4 GB

0.20< 8 GB

0.40< 16 GB0.50< 32 GB and more

Devices
USB stickIntegrated memory in mobile phones with music and/or video playback

2.50

International Survey on Private Copying
Law & Practice 2016

Hard disc receiver31External memory cards

0.35

Integrated memory in PC, desktop computer, notebook
subnotebook, ultrabook, netbook, laptop

5.00

Integrated memory in tablets

3.75

External HD and HD as a single storage medium

4.50

Smartwatches with built-in memory

1.00

Digital photo frame with built-in memory

2.00

Additional Comments:
The levy is on the built-in memory/hard disc, not on the device.

Revenues
Exchange rate LCU/€

1.000
2012 (€)

1.000

1.000

1.000

2013 (€)

2014 (€)

2015 (€)

Audio Revenues
Audio cassette

33,000.00

23,451.00

15,225.00

8,161.14

CD-R/RW audio

79,000.00

102,169.00

90,196.00

54,916.96

CD-R/RW data

1,290,000.00

1,663,555.00

1,028,969.00

713,816.14

MP3-Player

921,000.00

579,596.00

1,260,106.00 **509,903.75~

Digital audio (e.g.,
MiniDisc)
Total audio

284.492,323,000.00

2,368,771.00

2,394,496.00

1,287,082.48

Video Revenues
Video cassettes

176,000.00*

82,399.00

52,263.23

DVD (all types)

2,065,000.00

1,980,931.00

1,618,800.00

1,113,893.91

Hard disc recorder

1,535,000.00

962,310.00

1,355,974.00

1,035,696.60

International Survey on Private Copying
Law & Practice 2016

Camera cassettes

32

Total video

5,894.78
3,776,000.00

2,943,241.00

3,057,173.00

2,207,748.52

851,687.00

669,870.30

Device revenues
USB stick

517,000.00

673,435.00

Storage in mobile
phonesStorage in digital
picture frames
Memory cards (alltypes)
Smartwatches

3,321,277.50#
5,616.00#
135,859.15#
11,182.00#

Media tablets

597,761.25#

Storage in computers(all kinds)
External and substitutehard discs
Total devices

517,000.00

673,435.00

851,687.00

6,696,910.70#

Total revenues

5,787,000

5,985,447

6,303,356

10,076,591

1,307,250.00#
648,094.50#* payments in DVD**incl. payments for previous years# Q4/2015 only, not including payments from settlement for past claims~incl. AV players and MP3 players

2.

Belgium

Contact information
Country

Belgium

Currency

Euro

Name of organization

AuvibelWebsitewww.auvibel.beContact Person 1

François Stroobant (Managing Director)

Contact Person 2

Maro Schrauwen

E-mail 1

fst@auvibel.be

E-mail 2

msc@auvibel.be

Address

Havenlaan 86c 201a/Avenue du Port 86c 201a

Postcode

1000

City

Brussels

Phone(+32) 02 650 09 50

Fax(+32) 02 650 09 58

Legislation and fundamental facts
Copyright law

Book XI on “Intellectual Property” of the Code of Economic Law and provisions
related to Book XI in Books I, XV and XVII of the same Code.

2.

Royal Decree of October 18, 2013 on the right to remuneration for private copying.

3.

Private use is defined as the use within, and reserved to, the family circle. The
exception does not apply when the source is illegal.

Remuneration system

Remuneration is collected through levies on media and/or equipment.

Liable for payment

Manufacturers, importers, intra EU-purchasers and foreign online shops are liable forpayment.

International Survey on Private Copying
Law & Practice 20161.

33

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

Auvibel is responsible for the collection and distribution of private copying
remunerations for all rightholders. It is a legal monopoly: the Royal Decree ofJanuary 21, 1997 appointed Auvibel to collect and distribute levies for private
copying.

Administrative costs for collecting private
copying remunerations

Costs incurred by both the collection and distribution of remunerations:

Administrative costs for distribution ofprivate copying remunerations

Included in the above-mentioned notes.

Distribution process

Auvibel is also responsible for distribution to rightholders. The remuneration is
distributed through rightholders’ organizations.

−−
−−
−−
−−

2012: 4.50%
2013: 5.12%
2014: 3.62%
2015: 4.76%

Rate setting
How are levies/remuneration determined?

Levies are set by the Belgian Federal Government/Ministry of the Economy,
advised by the Private Copy Commission, which includes all stakeholders:industry, consumers, distribution and rightholders.

Which criteria are used for determining thelevies/remuneration?

Levies are based on market analysis: monthly sales reports, units, price perunit and total value of the market.
Furthermore, a study of the copying behavior of consumers is being
conducted in order to determine the devices and media that are clearly
being used for the reproduction for private use of works and performanceson any medium other than paper or similar media. This study considers only
copies subsequent to a purchase, legal download, broadcast or any othermeans of acquiring a work protected by copyright.
Professional use

International Survey on Private Copying
Law & Practice 2016

Media and equipment that are clearly professional are not subject to levies.

34

As for the remaining media and equipment that are subject to the levy for
private copying, professional use is taken into account by calculating apercentage of “use as private copy” for each medium/piece of equipment.
Professional use is part of the “a contrario” percentage. The percentage
used for private copying is taken as basis for the level of remuneration (thelevy), and thus professional use is excluded.

Are there any products exempt from levies?
Are refurbished products exempt?

No consumers or buyers are exempt from paying the levies. Nevertheless,under the law, limited categories of professional users are entitled toa refund: producers of sound and audio-visual works; broadcastingorganizations; institutions officially recognized and subsidized by thegovernment for the purpose of preserving sound or audio-visual material;
the blind and visually impaired, the deaf and hard-of-hearing and therecognized institutions established for the benefit of such persons;recognized educational institutions which use sound and audio-visualmaterial for didactic or scientific purposes; and recognized hospitals,
prisons and institutions for youth welfare work.
Furthermore, the levy on certain media and devices is refundable for strict
professional use of these media and devices, provided that the following
conditions are met:−−−−a written request for a refund for professional use must be submitted
by a professional entity (holder of a company registration number or
equivalent number in Belgium or Europe);
a signed statement must be provided in which the concerned personstates that the purchased media and devices subject to the Auvibel levy
are clearly intended for other purposes than private copying, and therequestor must ensure the strict professional use of these media anddevices.

Refurbished products are subject to the remuneration.
Are there any ongoing developments andnegotiations concerning new tariffs (e.g.,cloud storage)?

No concrete negotiations have been launched, but different options arebeing considered.

Collection process
How frequently is payment due?

The liable party must send a declaration to Auvibel each month.
For manufacturers, importers and intra EU-purchasers who are listed aswholesalers, declaration is due by the 20th of the month following the firstsale.

For foreign online shops selling to Belgian web users, declaration is due by
the 20th of the month following the first sale.
Manufacturers and wholesalers must pay the remuneration for private
copying within 60 days.
Retailers must pay the remuneration for private copying within 15 days.
How do you monitor or intervene in themarket?

Part of the mission of Auvibel is to undertake regular checks on declarations
by auditing the reporting process and the accounting of the legally
responsible parties.

Are exports exempted?

Exports are exempted by law. Exports from wholesalers or manufacturers
are exempted as their responsibility starts only after the first sale in Belgium.
For retailers, article 4 of the Royal Decree of October 18, 2013 requires
reimbursement of the levy for export or sales in foreign countries. Auvibel
requires purchase and sales invoices for the leviable goods and any otherdocument that provides reasonable evidence that the goods were actuallyexported. Previous payment to Auvibel is required for any refund.

International Survey on Private Copying
Law & Practice 2016

For importers and EU-purchasers who are listed as retailers, declaration isdue by the 20th of the month following the first purchase.

35

Who is considered an importer?

The Royal Decree of October 18, 2013 defines an importer as a person who
provides devices and blank media on the Belgian market which are subject
to the levy for private copying and originate from a non-EU country, and theintra-EU purchaser as someone who provides devices and blank media on the
Belgian market which are subject to the levy for private copying and originate
from a country that is a member of the European Union.
With regard to e-commerce, a Belgian court has ruled as follows on thismatter:“Any person who offers products liable for the remuneration for private
copying via a website and who thereby expressly targets Belgian customers,
makes specific advertising, takes the initiative of and bears responsibility forimporting those products into Belgium, which is also presented in the generalconditions of sale thereof”.

Distribution process
Who distributes the collected remunerations
to rightholders?

AuvibelFrequency of distribution

The remuneration is distributed on a yearly basis.

Which rightholders?

Auvibel is based on a structure that serves its 20 members, all of them
management companies that represent the four categories of claimants(authors/composers, producers, performing artists and publishers) for
each category of works (sound, audio-visual, literary, graphic or plastic) as
provided by the law:
Board of Authors/Composers of works recorded on a sound medium(deAUTEURS, JAM, SABAM, SACD, SCAM)
Board of Producers of works recorded on a sound medium (PROCIBEL,SIMIM)
Board of Performing Artists of works recorded on a sound medium(PLAYRIGHT)

International Survey on Private Copying
Law & Practice 2016

Board of Authors/Composers of works recorded on an audio-visual medium(deAUTEURS, JAM, SABAM, SACD, SCAM, SOFAM)

36

Board of Producers of works recorded on an audio-visual medium (BAVP,IMAGIA, PROCIBEL)
Board of Performing Artists of works recorded on an audio-visual medium(PLAYRIGHT)
Board of Authors of literary and graphic or plastic works (ASSUCOPIE,deAUTEURS, JAM, SABAM, SACD, SCAM, SOFAM, VEWA)
Board of Publishers of literary and graphic or plastic works (COPIEBEL,
COPIEPRESSE, Librius, LICENSE2PUBLISH, REPRO PP, REPROPRESS, SABAM,
SEMU)How are the distribution schemes
determined?

Firstly, the total amount due to the Boards by the General Assembly will be
divided by the category of works among audio, video and multimedia. This
distribution occurs on the one hand according to a key based on the actual
collection on products, specifically used for audio and audio-visual purposes,
and on the other hand, regarding multimedia products, according to an
allocation key determined by Belgian studies and/or by comparison withneighboring countries if this data is available.
Once the final share of audio and audio-visual works is defined, the legal
allocation formula will be applied to distribute the two amounts among therespective colleges as follows: for audio and audio-visual works, 1/3 for theauthors/composers, 1/3 for the producers and 1/3 for the performing artists;and for literary and graphic or plastic works, 1/2 for the authors and 1/2 for the
publishers.
Subsequently each category of rightholders for each category of works sets
up its own distribution rules, subject to government approval. The rightholders
then apply the approved rules.

Distribution keys

Distribution scheme, audio:
For 2005: 40.79%
For 2006: 40.88%
For 2007: 40.01%
For 2008: 40.36%
For 2009: 43.59%
For 2010: 46.33%
For 2011: 43.00%
For 2012: 43.50%
For 1->11/2013: 43.50%
12/2013: 41.76 %For 2014: 44.80 %For 2015: 45.00 %Distribution scheme, literary & graphic or plastic works:
For 12/2013: 4.01%
For 2014: 7.71 %For 2015: 9.50 %Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

There is currently no deduction for collective (social and/or cultural)
purposes.

International Survey on Private Copying
Law & Practice 2016

Distribution scheme, video:
For 2005: 59.21%
For 2006: 59.12%
For 2007: 59.99%
For 2008: 59.64%
For 2009: 56.41%
For 2010: 53.67%
For 2011: 57.00%
For 2012: 56.50%
For 1->11/2013: 56.50%
12/2013: 54.24%
For 2014: 48.86%
For 2015: 45,50 %37

Legal developments and court cases
Legal developments

1.

On October 24, 2013, the Royal Decree of October 18, 2013 on the right toremuneration for private copying was published in the Belgian Official
Journal; it entered into force on December 1, 2013.
This Royal Decree, which entirely repealed the Royal Decree ofMarch 28, 1996, introduced several amendments concerning the
products subject to remuneration and the applicable tariffs (including theaddition of tablets and reduced rates for USB sticks, memory cards andexternal hard drives). The decree extended the scope of remuneration for
private copying to new works and new beneficiaries, more specifically tothe authors and publishers of literary and graphic or plastic works.

2.

As of January 1, 2015, the provisions of the law of June 30, 1994 on
authors’ rights and neighboring rights were transposed into Book XI on“Intellectual Property” of the Code of Economic Law by the Law of April
19, 2014, incorporating Book XI on “Intellectual Property” into the Code of
Economic Law and introducing provisions related to Book XI in Books I,
XV and XVII of the code.

Tariffs
Blank Media

Tariff valid from 2013-12-01

Audio cassette analog

0.12

Audio cassette DAT

0.12

Video cassette analog

0.40

Capacity

Optical Storage MediaMiniDisc

0.12

CD-R/RW audio

0.12

CD-R/RW data

0.12

DVD

0.40

International Survey on Private Copying
Law & Practice 2016

Flash media

38

Memory card and USB stick

0.15

From 0 to 4 GB

0.50

More than 4 GB to 16 GB

1.35

More than 16 GB

Mobile phones
MP3-player, MP4-player, mobile phone with MP3
and/or MP4 function, tablets

1.00

From 0 to 2 GB

2.50

More than 2 GB to 16 GB

3.00

More than 16 GB

Devices
Hardware, HDD
External hard disk drive

Home devices with integrated hard disks

Recording devices, possibly integrated, without
internal support
Note: “integrated device”

Capacity
1.30

From 0 to 500 GB

6.75

More than 500 GB to 1 TB

9.00

More than 1 TB

3.30

From 0 to 256 GB

10.75

More than 256 GB to 1 TB

13.00

More than 1 TB

2.00

The term “integrated system” refers to a system that combines a reproduction function for sound or audiovisual works with at least a reception function for sound or audio-visual works, or a function that offers
the possibility of reading only media different from those used for the reproduction function of sound andaudio-visual works and which is sold only as a single product. Integrated systems are made in one piece (blockbase) or consist of various elements that are sold only as a single product (element base). These devices are
generally known as micro-systems, mini-systems, midi-systems, radio-recorders and TV-video combinations.

Revenues
Exchange rate LCU/€

1.000

1.000

1.000

1.000

2012 (€)

2013 (€)

2014 (€)

2015 (€)

Audio media

171,711.14

202,501.76

78,665.52

43,249.80

Video media

154,378.10

64,560.80

47,975.60

24,714.00

CD-R/RW data

1,190,358.08

741,079.68

624,411.10

458,138.16

DVD2,386,081.48

1,784,175.60

1,334,882.40

1,006,857.70

Blank MediaFlash Media
Memory card and USB stick

2,426,847.25

2,231,274.25

2,250,463.45

2,498,631.55

Devices
Hardware, PC, HDD

2012 (€)

2013 (€)

2014 (€)

2015 (€)

External hard disc drive

2,951,429.55

3,468,667.65

3,181,984.30

2,712,419.40

Multimedia center

136,005.15

71,509.10

56,891.00

49,268.70

Audio devices

118,295.40

56,888.15

107,734.45

85,614.60

Video devices

8,790,683.30

7,926,460.65

14,089,103.45

7,153,268.65

357,434.50

2,397,716.00

1,925,985.50

Tablets
Mobile phones
MP3 player, MP4 player, mobile
phone with MP3 and/or MP4function

5,502,101.15

7,501,434.00

8,236,842.00

9,028,293.50

TOTAL

23,827,890.60

24,405,986.14

32,406,669.27*

24,986,441.56
International Survey on Private Copying
Law & Practice 2016

* Including the settlement of a dispute of ±€6.5m – One-shot.

39

3.

Bulgaria

Contact information
Country

Bulgaria

Currency

BGN

Population

7 153 000

Name of organization

MUSICAUT

Websitewww.bbda.bf

Contact Person 1

Efrossina Sarakinova

Contact Person 2

Gergana Gaydazhieva

E-mail 1

efrossina_sarakinova@musicautor.org

E-mail 2

gergana_gaydazhieva@musicautor.org

Address

17 Budapest Str.

Postcode

1000

City

Sofia

Phone

(+359) 2 980 10 35; 989 02 64

Fax(+359) 2 9800253

Legislation and fundamental facts
International Survey on Private Copying
Law & Practice 2016

Copyright law

Law on Copyright and Neighboring Rights of 1993.
Art. 26, amended on March 25, 201.1

Remuneration system

Remuneration is collected by levies on blank information carriers.
Reproduction devices are not subject to private copy levies. There is nofunding from the State budget.

Liable for payment

Manufacturers and importers

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

40

The CMO is appointed by its members – the respective CMOs of authors,performers, sound recording and film producers. Its name is Copy BG.
It is worth noting that the activities of Copy BG have been frozen since 2012
due to a variety of amendments in the Law on Copyright and Neighboring
Rights in March 2011, which makes it impossible for the society to collect any
levies.

Administrative costs for collecting anddistributing private copying remunerations

They are voted on a yearly basis by the General Assembly of Copy BG.

Administrative costs for distribution ofprivate copying remunerations

The commission of the society for the subsequent distribution to individual
rightholders of the levies distributed by Copy BG is 15%.

Distribution process

Remuneration is distributed to CMOs that are members of Copy BG, which
subsequently distribute to the individual rightholders.

Rate setting
How are levies/remuneration determined?

Pursuant to the Law on Copyright and Neighboring Rights, the remuneration
rate should vary from 1% to 1.5% of the delivery price of the imported blankinformation carriers (formerly 5% for carriers and 2% for devices).
The type of carrier subject to remuneration and the rate for each type are set
in a tariff, negotiated between Copy BG and the respective representative
organization of manufacturers and importers and approved by the Minister ofCulture.
The tariff may provide for additional discounts.
In the absence of agreement on the tariff between the CMO and therepresentative organizations within 3 months from the beginning of thenegotiations, the Minister of Culture appoints a commission to decide on thetariff.

Which criteria are used for determining thelevies/remuneration?

There are two criteria, set in the law: the capacity of the carrier and to what
extent the carrier is used by natural persons for non-commercial reproduction
for their personal use only.

Are there any consumers or buyers exempt
from paying the levies?

The following are exempt from payment of remuneration, or subject to refund,
if collected:
−−
−−
−−

Are there any products exempt from levies?
Are refurbished products exempt?

information carriers purchased by legal entities or natural persons
in liberal professions whose activities do not presume the use of thecarriers for private copying;
information carriers purchased by RTV operators, sound recording andfilm producers;
information carriers purchased by hospitals, social institutions andprisons.

The 2011 amendments of the law provide that private copy remuneration isdue only on blank information carriers and not on reproduction devices.
The type of carrier subject to remuneration and the rate for each type are set
in a tariff, negotiated between Copy BG and the respective representative
organization of manufacturers and importers and approved by the Minister ofCulture.

How frequently is payment due?

The law says that payment is due twice a year.

How do you monitor or intervene in themarket?

Since the activities of Copy BG were frozen in 2012, there has been nomonitoring of the market.

International Survey on Private Copying
Law & Practice 2016

Additionally, the remuneration applies only to information carriers“predominantly intended” for reproduction for private use.

Are exports exempted?

Yes.

41

Who is considered an importer?

The following are excluded from the application of the remuneration:

Are there any developments, or ongoingnegotiations concerning new tariffs (e.g.,cloud storage)?

No; the activity of Copy BG has been frozen since 2012.

Collection process−−−−deliveries from EU Member States;deliveries from non-EU countries, where private copying remuneration
has been calculated with no option for refund under the relevant national
legislation.

Distribution process
Who distributes the collected remunerations
to rightholders?

It is a two-level process. Copy BG distributes to its member CMOs, which
subsequently distribute to the individual rightholders.

Frequency of distribution

The activities of Copy BG have been frozen since 2012.

Which rightholders

Authors, performers, sound recording and film producers.

Distribution keys

The distribution scheme is 1/2 for authors, 1/4 for performers and 1/4 forproducers. Formerly, before the 2011 amendment of the law, it was 1/3 foreach category of rightholders.

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction? If Yes; 30% of the collected amount is transferred to the National Cultural Fund.
so, how is this determined?
This percentage is set in the Law on Copyright and Neighboring Rights.
Which body is responsible for allocationof funds to artists, cultural productions orsocial schemes?

The National Cultural Fund is a legal entity created by the Law on theProtection and Promotion of Culture. Its budget is provided by the State and it
is managed by a board chaired by the Minister of Culture.

What is the amount dedicated to the social
and/or cultural fund in 2013?

0 BGN

How can social and cultural funds be used?
Please give examples.

The funds are allocated to creative projects aimed at developing the cultural
sector.

International Survey on Private Copying
Law & Practice 2016

Legal developments and court cases
Legal developments

None. However, the current need to amend the Law on Copyright andNeighboring Rights, following the implementation of Directive No. 2014/26,
offers an opportunity to repeat the call for amendments in the private copying
legislation.

Court cases

There are no court cases about private copy levies.

Implementation problems

On March 25, 2011 amendments to the Law on Copyright and Neighboring
Rights were introduced. The provisions adopted contradict the EU Information
Society Directive, particularly in the following areas.
1.

In contrast to the former law, the adopted amendments provide forapplication of the remuneration only to blank information carriers andnot to reproduction devices. The remuneration applies only to separate
information carriers which are intended predominantly for reproduction
for private use.

2.

The private copying remuneration is due for the carriers sold, but iscalculated on their delivery price, not on the sales price.

3.

Intra-community deliveries are excluded from the application of the
remuneration.

4.

The law does not oblige the liable persons to provide any information or
documentation in proof of the aforementioned exemptions, except when
they claim refunds.

5.

Liable persons must provide only general information on the kind ofcarriers sold during a half-year period and the total delivery price foreach kind of carrier. Besides, the collecting society may not request
more detailed information aside from that needed for the distribution of
the remuneration.

6.

The amended law does not provide instruments for exercising any
effective control on liable persons, thus leaving the fulfilment of their
obligations to their discretion and goodwill.

42

Tariffs
Media/devices

TariffAudio cassette

1.5%

Mini disc

1.5%

Hi-MD

1.25%

Floppy disc1.0%

“Video cassette: VHS, BETAMAX”

1.5%

Digital videocassette (DVC)

1.5%

CD-R

1.25%

CD-RW

1.25%

DVD-R, DVD+R

1.25%

DVD-RW, DVD+RW

1.25%

DVD-RAM

1.25%

DVD double-layer

1.25%

Blu-ray disc (BD): BD-R

1.25%

Blu-ray disc (BD): BD-RE

1.25%

Mini Blu-ray

1.25%

HD DVD-R, HD DVD+R

1.25%

HD DVD-RW, HD DVD+RW,

1.25%

HD DVD-RAM

1.25%

Memory card (flash card)

1.1%

USB flash drive

1.1%Standard external hard disc1.1%

Multimedia external hard disc with Audio/Video OUT plugs

1.4%

Multimedia external hard disc with Audio/Video IN and OUT plugs

1.4%

External solid-state drive (SSD)

1.1%

Capacity

2012
TOTAL

2013

2014

2015

0

0

0

International Survey on Private Copying
Law & Practice 2016

Revenues

43

4.

Burkina Faso

Contact information
Country

Burkina Faso

Currency

CFA franc

Name of organization

Bureau Burkinabè du Droit d’Auteur (BBDA)

Websitewww.bbda.bf

Contact Person 1

Adama Sagon

Contact Person 2

Solange Dao

E-mail 1

bbda@fasonet.bf

E-mail 2

adamasagnon07@yahoo.fr

Address

Sis sect. 4, 22, rue 4.55 Villa de la Victoire

Postcode

01 BP 3926

City

Ouagadougou

Phone+(226) 50 30 22 23International Survey on Private Copying
Law & Practice 2016

Legislation and fundamental facts
Copyright law

Law No. 032/AN of December 22, 1999. Importers are liable for payment. The
definition of private copy according to the law is valid.

Remuneration system

Remunerations are collected through a levy system.

Liable for payment

Importers are liable for payment.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

The BBDA is appointed by law.

Administrative costs for collecting anddistributing private copying remunerations

The administrative costs for collecting and distributing private copying
remunerations are 10% of the remunerations collected.

Distribution process

The BBDA distributes the collected remunerations on a yearly basis directly
to individual rightholders. These are music, audio-visual and dramatic
rightholders.

44

Rate setting
How are levies/remuneration determined?

Levies/remuneration are determined by law.

Are there any products exempt from levies?

Professional use is taken into account as an upfront exemption.

Collection process
How frequently is payment due?

Payment is due on importation. The importer is the person who brings the
product into the country.

How do you monitor or intervene in themarket?

Customs are in charge of collecting. No control on the internal market.

Distribution process
Who distributes the collected remunerations
to rightholders?

The BBDA distributes the collected remunerations on a yearly basis directly
to individual music, audio-visual and dramatic rightholders.

How are the distribution schemes
determined?

Schemes are set by law.

Distribution keys

Distribution scheme, audio:
authors 50%;
performers 25%;
producers 25%
Distribution scheme, video:
authors 50%;producers and performers 50%

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

There is a social and/or cultural deduction of 50% for the National Fund for
Cultural Promotion.

Which body is responsible for the allocationof funds to artists, cultural productions orsocial schemes?

The Comité de Gestion du Fonds de Promotion Culturelle (Management
Committee of the Fund for Cultural Promotion) is responsible for the allocationof funds.

What is the amount dedicated to the social
and/or cultural fund in 2013?

In 2012, 125 million CFA francs were dedicated to the social and cultural fund.

How can social and cultural funds be used?
Please give examples.

Funds are allocated for all types of cultural productions.
The social fund is intended mainly for health, deaths and celebrations.

Legal developments and court cases
Burkina Faso is in the process of revising its law to include the use of works
in the digital environment; this will make the law more consistent with theprovisions of international treaties and conventions ratified by the country.

Are there liable parties who deny
responsibility or payment for certain media/
devices?

Discussions with the group of IT professional have resulted in an exemption
for mobile phones, which does not include devices for recording of
copyrighted works, and a reduction of 5% in the remuneration for private
copying on devices whose cost does not exceed 20,000 CFA francs.

655.957

655.957

655.957

655.957

International Survey on Private Copying
Law & Practice 2016

Legal developments

2012 (CFA)2013 (CFA)2014 (CFA)2015 (CFA)

45

Applicable national rates
The levy is 10% of the CIF regardless of the type of product. The list of products is updated regularly.

Revenues
Exchange rate LCU/€
TOTAL

895,817

The revenues shown above are the total remunerations collected yearly.

5.

CanadaContact information
Country

CanadaCurrency

Canadian dollar

Name organization

Canadian Private Copying Collective

Websitewww.cpcc.ca

Contact Person 1

Lisa Freeman, Executive Director

Contact Person 2

Laurie Gelbloom, General Counsel

E-mail 1

lfreeman@cpcc.ca

E-mail 2

lgelbloom@cpcc.ca

Address

56 Wellesley Street West, Suite 320

Postcode

M5S 2S3

City

Toronto, Ontario

Phone+1 416 486 6832

Fax

+1 416 486 3064

Legislation and fundamental facts

International Survey on Private Copying
Law & Practice 2016

Copyright law

46

Copyright Act of Canada as amended in 1997.
Since December 1999, in accordance with section 83 of the Copyright Act, theCopyright Board has certified Private Copying Tariffs determining which blankaudio recording media are subject to the payment of levies and the amount oflevies payable during the tariff periods.
The private copying levy is payable regardless of whether the source copy islegally or illegally obtained.
Pursuant to section 80 of the Copyright Act, a copy made onto an audio
recording medium for the private use of the person who makes the copy
does not constitute an infringement of the copyright in the musical work, theperformer’s performance or the sound recording.
Pursuant to section 80(2) of the Copyright Act, the act of making a copy
does constitute an infringement of the copyright in the musical work, theperformer’s performance, or the sound recording if the copy is made for the
purpose of doing any of the following:a.

selling or renting out, or by way of trade exposing or offering for sale orrental;b.

distributing, whether or not for the purpose of trade;c.

communicating to the public by telecommunication; ord.

performing or causing to be performed, in publicRemuneration system

The private copying levy applies to blank CD-R, CD-RW, CD-R audio and
CD‑RW audio.

Liable for payment

The levy is payable by manufacturers or importers of blank media upon firstsale or disposition in Canada.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

Canadian Private Copying Collective.
The CPCC is a non-profit corporation that represents songwriters, recording
artists, music publishers and record companies through its member
collectives. It has been mandated by its member collectives to collect anddistribute private copying levies. The CPCC has also been designated as thecollecting body by the Copyright Board pursuant to subsection 83(8) of the
Copyright Act. The CPCC is a non-profit corporation and only withholds those
funds necessary to defray its costs of administration.

Administrative costs for collecting private
copying remunerations

From 2000 to 2015, on average, the CPCC has retained 12.57 % of revenue forall operating expenses.

Administrative costs for distribution ofprivate copying remunerations

In 2015, distribution expenses were 3.74% of revenue.

Distribution process

The Copyright Board of Canada sets the percentage allocated to each rights
holder group after considering evidence submitted by the CPCC at tariff
hearings.
The CPCC’s member collectives submit claims to the CPCC for the rightholders
that they represent. The CPCC distributes the levies to its member collectives,
which then pass them on to the rightholders.

Rate setting
The Copyright Board of Canada sets the levy rate after considering evidence
submitted by the CPCC and other parties at Tariff hearings. The CPCC hascommissioned Circum Network Inc. to conduct monthly surveys that collectinformation about the private copying of music in Canada.

Which criteria are used for determining thelevies/remuneration?

The private copying levy applies to blank audio recording media that are
ordinarily used for private copying. The Copyright Board applies a discount to
the rate of the levy to reflect that the media are used for other purposes suchas data storage and professional use.

Are there any consumers or buyers exempt
from paying the levies?

Companies may register in the CPCC’s Zero-Rating program by entering into
agreements with the CPCC. The Zero-Rating program is run voluntarily by the
CPCC in recognition of the fact that companies and organizations use leviableblank media for their business purposes. The program allows companies
registered in it to purchase and/or sell blank audio recording media at a“zero-rate” from authorized sellers..
The levy is not payable on blank audio recording media sold to associations
that represent persons with a perceptual disability.

Are there any products exempt from levies?
Are refurbished products exempt?

On November 7, 2012, the Government of Canada published a regulation
exempting micro SD electronic memory cards from the private copying levy
effective as of October 18, 2012.
The Copyright Board determines the media that are ordinarily used to copy
music after considering evidence submitted by the CPCC and other parties at
the tariff hearings.

International Survey on Private Copying
Law & Practice 2016

How are levies/remuneration determined?

47

Collection process
How frequently is payment due?

Pursuant to the private copying tariffs, manufacturers and importers of blankaudio recording media are required to submit reports and levy payments on abi-monthly basis. Any manufacturer or importer who paid less than $2,000 in
the previous six-month period may choose to make payments bi-annually after
having notified the CPCC.

How do you monitor or intervene in themarket?

Pursuant to the private copying tariffs, the CPCC may audit the records ofmanufacturers and importers to verify the accuracy and completeness of thereports and payments submitted to the CPCC. Manufacturers and importers
must keep records, from which the CPCC can readily ascertain the amounts
payable and the information required under the tariff, for a period of six years.

Are exports exempted?

No levy is payable on blank audio recording media that is exported.

Distribution process
Who distributes the collected remunerations
to rightholders?

The CPCC’s member collectives distribute the levy to the rightholders thatthey represent.

Frequency of distribution

The CPCC distributes the levy to the CPCC’s member collectives upon receipt
of claims submitted by the member collectives.

Which rightholders?

The CPCC’s member collectives represent eligible performers, makers,
authors and publishers.

How are the distribution schemes
determined?

The Copyright Board of Canada sets the distribution scheme after
considering evidence submitted by the CPCC at tariff hearings.

Distribution keys

Audio
58.2% - SOCAN (composers, authors and music publishers), CMRRA(publishers) and SODRAC (authors, composers and publisher);
23.8% - Re:Sound Music Licensing Company (eligible performers); and18.0% - Re:Sound Music Licensing Company (eligible makers).

International Survey on Private Copying
Law & Practice 2016

Social and cultural funds for collective purposes

48

Is there a social and/or cultural deduction?

There is no social and/or cultural deduction.

Legal developments and court cases
Legal developments

On November 5, 2015, the CPCC filed a proposed tariff for 2017 with the
Copyright Board. The proposed tariff maintains the current levy rates on CD-R
media.
On December 13, 2014, the Copyright Board published the Private Copying
Tariffs for 2015 and 2016, maintaining the levy on CD-R media at the existing
rate of 29 Canadian dollar cents per unit.
On August 31, 2013, the Copyright Board published the private copying tariffs
for 2012, 2013 and 2014, maintaining the levy on CD-R media at the existing
rate of 29 Canadian dollar cents per unit.
On November 7, 2012, the government of Canada published a regulation
exempting micro SD electronic memory cards from the private copying levy
effective as from October 18, 2012. On August 30, 2013, the Copyright Board
concluded that as a result of the circumstances arising from the regulation
issued by the federal government in November 2012, it would not be possible
to set a levy on micro SD memory cards for the period of January 1, 2012 to
October 17, 2012 that would be fair and equitable..
On June 29, 2012, the Copyright Modernization Act received royal assent
and on November 7, 2012 most of the act was brought into force. The
Copyright Modernization Act amends the Copyright Act, such that it is not
an infringement of copyright if individuals reproduce a musical work for
private purposes if the work was legally obtained and if the individual, inorder to make the reproduction, did not circumvent a technological protection
measure. This exception does not apply to copies of musical works madeonto an “audio recording medium” as defined in section 79 of the CopyrightAct. Section 79 defines audio recording medium as “a recording medium,
regardless of its material form, onto which a sound recording may be
reproduced and that is of a kind ordinarily used by individual consumers
for that purpose, excluding any prescribed kind of recording medium.” The
Copyright Board has ruled that blank CD-R media meet the criteria of audio
recording media stipulated in the Copyright Act.

Court cases

Litigation is commenced by the CPCC to enforce compliance with the
Copyright Act and the private copying tariffs.

Tariffs
Current tariff valid pursuant to thePrivate Copying Tariff 2015 (CAD)

Capacity

CD-R/RW

0.29

Per unit

Audio CD-R/RW

0.29

Per unit

Blank MediaInternational Survey on Private Copying
Law & Practice 2016

In December 2003, the Copyright Board certified a levy on the memory
permanently embedded in digital audio recorders. This decision was appealedby hardware and software manufacturers as well as a group representing
retailers, and in December 2004, the Federal Court of Appeal ruled that the
tariff approved by the Copyright Board was invalid. The CPCC sought leave
to appeal this decision before the Supreme Court of Canada. In July 2005, theSupreme Court of Canada denied the CPCC’s application for leave to appeal.
In February 2007, the CPCC applied to the Copyright Board for a levy on digitalaudio recorders in its proposed 2008-2009 tariff. The Copyright Board held thatit could hear evidence relating to this proposal. The decision of the Copyright
Board was appealed, and in January 2008, the Federal Court of Appeal ruledthat the Copyright Board could not hear evidence in support of a private
copying levy on digital audio recorders.

49Revenues
Exchange rate LCU/€

1.284

1.367

1.468

1.419

2012 (CAD)

2013 (CAD)

2014 (CAD)2015 (CAD)

CD-R/CD-RW

7,832,203.00

6,053,197.00

4,994,664.00

3,391,707.00

CD-RA/CD-RWA

391,003.00

218,451.00

162,286.00

129,467.00

6,271,648.00

5,156,950

3,521,174.00

Blank Media

Tape

73.00

MiniDisc

International Survey on Private Copying
Law & Practice 2016

Total Blank Media50

8,223,279.00

6.

Croatia

Contact information
Country

Croatia

Currency

Croatian kuna (HRK)Name organization

HDS ZAMP

Websitewww.zamp.hr

Contact Person 1

Mario Vukoja, Head of sector of media and new technologies

Contact Person 2

Darko Stanicic, Legal advisor

E-mail 1

mario.vukoja@hds.hr

E-mail 2

darko.stanicic@hds.hr

Address

Heinzelova 62a

Postcode

10 000 Zagreb

City

ZagrebPhone+385 1 6387 000

Fax+385 1 6387 001

Legislation and fundamental facts
Copyright law

Provisions of Articles 32 and 82 of Croatian Copyright Law, Official Gazette: Narodne Novine No.
167/03, 79/07; 80/11; 125/11; 141/13; 127/14“RIGHT TO REMUNERATION FOR REPRODUCTION OF A COPYRIGHT WORK FOR PRIVATE OROTHER PERSONAL USE
Article 32
1.

Where a copyright work may be reproduced without the author’s authorization pursuant
to Article 82 of this Act, the author whose works are, due to their nature, expected to be
reproduced without authorization, by photocopying or by recording on sound, visual or text
fixation mediums, for private or other personal use, shall have the right to an appropriate
remuneration upon sale of technical appliances and blank audio, video or text fixation
mediums.

2.

Apart from the right referred to in paragraph (1) of this Article, the authors shall have a rightto an appropriate remuneration to be obtained from a natural or legal person who provides
services of photocopying against payment.

3.

Any other reproduction techniques shall be assimilated to photocopying, and any otherappliances providing the same effect shall be assimilated to appliances for sound or visual
recording.

International Survey on Private Copying
Law & Practice 2016

Implementation began on January 1, 2007.

51

Copyright law(continued)

4.

The remuneration referred to in paragraph (1) of this Article shall be paid by manufacturers
of appliances for sound and visual recording, manufacturers of appliances for photocopying,
manufacturers of blank audio, video or text fixation mediums, and jointly and severally withthem importers of appliances for sound and visual recording, photocopying, blank audio, video
or text fixation mediums, unless such imports concerns small quantities intended for private
and non-commercial use, forming part of personal luggage. If the mentioned appliances andobjects are not produced in the Republic of Croatia, the remuneration shall be paid by theimporter.

5.

The obligation to pay the appropriate remuneration referred to in paragraph (1) shall arise:
1. in respect of the first sale in the Republic of Croatia or import in the Republic of Croatia of
new appliances for sound and visual recording; 2. in respect of the first sale in the Republic of
Croatia or import in the Republic of Croatia of new blank audio or video fixation media;
3. in respect of the first sale in the Republic of Croatia or import in the Republic of Croatia of
new photocopying appliances.

6.

The remuneration referred to in paragraph (2) of this Article shall be paid in the amount
depending on the information on the number of photocopies made.

7.

Authors may not renounce the rights to remuneration referred to in paragraphs (1) and (2) ofthis Article.

REPRODUCTION OF THE WORK FOR PRIVATE OR OTHER PERSONAL USE (Article 82)
A natural person may reproduce a copyright work in any medium if he does so for private use, orin the form of photocopying and other personal use if this copy is not intended for or accessible tothe public and has no direct or indirect commercial purpose. It shall not be permitted to reproduce
the whole book, unless the copies of such book have been sold out for at least two years, graphic
editions of musical works (hereinafter: sheet music), electronic databases, cartographic works, nor
the building of architectural structures, unless otherwise provided by this Act or a contract.”
Remuneration system

Remuneration is levied on media and equipment.

Liable for payment

In accordance with the law, importers or manufacturers are liable upon first sale or import to
Croatia. Since there are no producers in Croatia, only importers pay the levy upon first sale.

International Survey on Private Copying
Law & Practice 2016

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

HDS ZAMP is appointed in accordance with the law and the license issued by
the State Intellectual Property Office of the Republic of Croatia. In accordancewith the law and agreements with other rightholders’ organizations,
HDS ZAMP collects remuneration on behalf of performers, producers ofphonograms, producers and authors of audio-visual works, book publishers
and writers.

Administrative costs for collecting private
copying remunerations

In accordance with the law, maximum costs are 30%, but HDS ZAMP applies
18.5%.

Administrative costs for distribution ofprivate copying remunerations

Distribution costs are included in the collection costs.

Distribution process

HDS ZAMP distributes to other CMOs and they in turn distribute the collectedamounts to individual rightholders.
Regarding distribution to individual rightholders, HDS ZAMP distributes only toauthors of musical works.

52

Rate setting
How are levies/remuneration determined?

Levies are determined by negotiation with importers.

Which criteria are used for determining thelevies/remuneration?

The main criteria that are taken into account for determining the levies aremarket circumstances, copying behavior of the consumers, harm caused bycopying.

Are there any consumers or buyers exempt
from levies?

Exemptions are made if it can be determined that, without any doubt, a
copyrighted work may not be reproduced for private or other personal use.

Are there any products exempt from levies.
Are refurbished products exempt?

Any product can be exempted if it can be determined that, without any doubt,
a copyrighted work may not be reproduced for private or other personal use.
If the levy for a refurbished product has been paid, it will not be levied twice,
but if it was exempted as an export then the levy will be paid upon import.

Are there any developments, or ongoingnegotiations concerning new tariffs(e.g., cloud storage)

No.

Collection process
How frequently is payment due?

Quarterly.

How do you monitor or intervene in themarket?

Inspection of customs reports, review of the importers’ documentation andinspections in retail shops.

Are exports exempted?

Export is exempted in quarterly reports. Documentation acknowledging such
exemption is needed.

Who is considered an importer?

Any legal person responsible for the first entrance of the products into theterritory of Croatia.

Distribution process
HDS ZAMP distributes to other CMOs and they in turn distribute the collectedamounts to individual rightholders. Regarding distribution to individual
rightholders, HDS ZAMP distributes only to authors of musical works.

Frequency of distribution

Monthly to CMOs and every six months to individual rightholders.

Which rightholders?

HDS ZAMP (authors of musical works), HUZIP (performers), ZAPRAF(phonogram producers), DHFR (audio-visual rights), ZANA (publishers ofliterary works) and DHK (authors of literary works).

How are the distribution schemes
determined?

They are determined by a mutual agreement.

Distribution keys

Distribution scheme, audio:
HDS – authors of music – 39.67%
HUZIP – performers – 29.67%
ZAPRAF – phonogram producers – 29.67%
ZANA – publishers of literary works – 1%
DHK – authors of literary works – 1%
Distribution scheme, video:
DHFR – movie co-authors and movie producers – 70%
HUZIP – performers – 30%

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

There is a legally required deduction from collected remunerations forthe cultural and social needs of rightholders. It amounts to 30% for musicrightholders.

Which body is responsible for the allocationof funds to artists, cultural productions orsocial schemes?

CMOs.

What was the amount dedicated to thesocial and/or cultural fund in 2015?

2015: HDS ZAMP has dedicated 692.900,91 Croatian kuna

How can social and cultural funds be used?

Funds are distributed after a tender. Depending on the results of a tender,funds can be used to support, e.g., young artists, festivals, start-up projects
related to creation and distribution of new works etc.

International Survey on Private Copying
Law & Practice 2016

Who distributes the collected remunerations
to rightholders?

53Legal developments and court cases
Court cases

Several court cases were decided against those that denied responsibility to
pay the levy. No pending cases on principal matters.

Legal developments

None

Are there liable parties who reject
responsibility or refuse to pay for certain
media/devices?

Preloaded USB memory card sellers claim that the USBs will not be used forcopying, although it is obvious that the content of the devices can and will becopied on other media and USBs can be formatted for further private use.

Implementation problems

No additional problems.

Tariffs

International Survey on Private Copying
Law & Practice 2016

Per unit

54

Current tariff valid per: 2015
(Croatian kuna)

CD 1 GB

0.08

DVD 10 GB

0.12

Audio tape

0.10Video tape

0.60

Memory card

3.00

USB stick

3.00

Hard disc

3.00

CD/DVD recorder

4.00

PC/ Laptop

6.00

Tablet10.00

Digital audio player

14.00

Digital video player

14.00

Mobile phone with MP3 player/smartphone

10.00

Analog audio recorder

6.00

Analog video recorder

10.00

Hi-Fi CD recorder

20.00

Hi-Fi DVD recorder

30.00

Hi-Fi HD recorder

40.00

Revenues
Exchange rate LCU/€
Blank Media

7.517

7.575

7.626

7.606

2012 (HRK)2013 (HRK)2014 (HRK)2015 (HRK)

Optical Storage Media
Audio cassette

1,758,85

1,274,43

310,71

80,10

Audio CD R/W

318,802.67

237,765.97

165,796.25

122,712.10

Video cassette

34,904.05

25,531.97

10,133.74

5,433.24

DVD R/W

446,101.76

340,685.46

215,777.82

135,111.67

Flash Media
Memory card

1,129,518.51

1,040,528.16

706,825.42

446,588.91

USB stick

558,207.93

627,210.42

668,391.31

540,011.79

2012 (HRK)2013 (HRK)2014 (HRK)2015 (HRK)

Hardware, PC

Devices551,632.99

822,977.00

872,361.00

1,066,336.80

Devices with MP3-player (cell phone with
MP3-player, digital audio/video player)

4,717,428.95

5,624,092.60

5,843,438.56

5,320,108.00

Other devices

2012 (HRK)2013 (HRK)2014 (HRK)2015 (HRK)(Analog audio/video player, Hi-Fi CD recorder,
CD recorder, DVD recorder, DVD hard discrecorder)110,609.58

115,131.40

63,903.80

60,968.80

Total revenues

7,868,965.29

8,835,197.41

8,546,938.61

7,697,351.41

International Survey on Private Copying
Law & Practice 2016

55

7.

Czech RepublicContact information
Country

Czech Republic

Currency

CZK

Name of organization

OSA

Websitewww.osa.cz

Contact Person 1

Tomas Matejicny

Contact Person 2

Ondrej Kacer

E-mail 1

tomas.matejicny@osa.cz

E-mail 2

ondrej.kacer@osa.cz

AddressCs. crmady 20

Postcode

160 56

City

Prague 6

Phone+420 220 315 000

Fax+420 220 315 311

Legislation and fundamental facts

International Survey on Private Copying
Law & Practice 2016

Copyright law

Act No. 121/2000 Coll. as amended by Act No. 81/2005, Act No. 61/2006, Act No. 216/2006
and Act No. 168/2008. Decree of The Ministry of Culture No. 488/2006 Coll., as amended by
Decree No. 408/2008 Coll.
Private copy defined by law. Art.30 of Act No. 121/2000 Coll.
Copyright shall not be infringed by anybody who for his own personal use makes afixation, reproduction or imitation of a work without seeking to achieve direct or indirect
economic benefit.

Remuneration system

Remuneration is collected by levies on blank record carriers and devices for making
audio or audio-visual reproductions and/or recordings.

Liable for payment

−−
−−

56
−−
−−
−−

−−

The person liable to pay remuneration shall be:
the manufacturer of the devices for making audio or audio-visual reproductions
and/or recordings, importer of such devices from third countries (hereinafter the“importer”) or consignee of such devices from Member States of the European
Communities (hereinafter the “consignee”);
the manufacturer, importer or consignee of technical devices for making printed
reproductions;the manufacturer, importer or consignee of blank record carriers;
the carrier or forwarder in lieu of the liable person pursuant to paragraphs (a) to (c),unless that person informed the relevant collective rights manager without undue
delay upon written request of the details necessary for the identification of theimporter, consignee or producer;
the provider of paid reproduction services, in the case of printed reproductions;the provider of paid reproduction services shall also mean the person who makes
available, for a consideration, the device for making printed reproductions.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

OSA collects for the authors of musical works, lyrics and publishers.
(OSA collects some remuneration also for DILIA)
INTERGRAM – performers and producers
DILIA – theatre, literary, and audio-visual agency
OOA-S – fine arts and architecture

Administrative costs for collecting private
copying remunerations

OSA – 8%Administrative costs for distribution ofprivate copying remunerations

OSA – 8%Distribution process

OSA distributes collections directly to individual rightholders.

Rate setting
How are levies/remuneration determined?

Levies are determined by law.

Which criteria are used for determining thelevies/remuneration?

Levies of devices and PC components are determined by their prices. Leviesof blank record carriers are fixed by pieces on audio tapes, video tapes, CDs,
DVDs, MiniDiscs or determined by capacity on electronic media such as USB
flash discs, memory cards, external HDDs and SSDs.

Are there any consumers or buyers exempt
from paying the levies?

There is no legal exemption for professional use.

Are there any products exempt from levies?
Are refurbished products exempt?

The remuneration shall not apply to digital camcorders, digital cameras,
mobile telephones and cordless telephones. Where such devices are suppliedwith an embedded memory medium, the remuneration shall be paid only forthe capacity of the embedded medium.
Refurbished products are not exempt from levies.

Are there any developments, or ongoingnegotiations concerning new tariffs (e.g.,cloud storage)?

No.

How frequently is payment due?

Payment is every six months. Liable parties are obliged to submit a report ofmanufactured or imported specified goods.

How do you monitor or intervene in themarket?

OSA monitors the market based on official statistical data and, in rare cases,
through audits.

Are exports exempted?

Exports are exempted if done directly by the importer.

Who is considered an importer?

The person or company that imports the good into the territory of the Czech
Republic from countries outside the European Economic Area.

International Survey on Private Copying
Law & Practice 2016

Collection process

57

Distribution process
Who distributes the collected remunerations
to rightholders?

OSA distributes the collected remunerations quarterly to authors andpublishers. The distribution rules are determined by the General Assembly.

Frequency of distribution

Quarterly.

Which rightholders?

Music composers, lyricist and publishers.

How are the distribution schemes
determined?

The General Assembly decides by way of the distribution rules.

Distribution keys

There is one scheme for both audio and video. The OSA Distribution Rules
stipulate the following:
5.10. Royalties for reproductions of musical works for personal use
The royalties collected from blank carriers and from devices used to makereproductions will be distributed proportionately among the domestic
copyright holders and foreign collective managers of mechanical rights thathave concluded reciprocal agreements with the OSA.
The royalties will be distributed to the domestic copyright holders
proportionately in accordance with their distributed incomes for the past two
calendar years as follows:a.

90% in line with the incomes from mechanical rights (incl. mechanicalrights from online uses)b.

10% in line with the incomes from public performances of live music.

The royalties will be distributed to foreign societies proportionately inaccordance with the amounts received from OSA distributions for the past
two years as follows:a.

90% in line with the amounts for mechanical rights (incl. mechanicalrights from online uses)b.

10% in line with the amounts for public performance of live music.

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

There is no deduction from blank levies (otherwise there is). The General
Assembly (based on Czech Copyright Act) decided on 0% from blank levies.

International Survey on Private Copying
Law & Practice 2016

Legal developments and court cases

58

Are there liable parties who reject
responsibility or refuse to pay for certain
media/devices?

The most discussed products are tablets and record TVs. Some liable parties
refuse to pay remuneration (3% of the import price).

Court cases

The court case against Nokia with regard to the levy to be paid fromsmartphones – still pending.

Tariffs (Czech korunas)
Tariff list according of the Act. No. 121/2000 Coll. and Decree No. 408/2008 Coll. In this Survey only OSA
tariffs are used
AUDIO DEVICES (Czech korunas)

Tarifffor OSAI.

DEVICES ALLOWING AN AUDIO RECORDINGa

Devices for recording on the magnetic tape

3,00%

1,50%

b

Devices for recording on the optical carrier

3,00%

1,50%

c

Devices for recording on the integrated hard disk

3,00%

1,50%

d

Devices for recording on the integrated flash memory or memory card

3,00%

1,50%

3,00%

1,50%

e

Combination of above mentioned devices

II.

RADIO RECEIVER ALLOWING AN AUDIO RECORDING

f

Devices for recording on the magnetic tape

1,50%

0,75%

g

Devices for recording on the optical carrier

1,50%

0,75%

h

Devices for recording on the integrated hard disk

1,50%

0,75%

i

Devices for recording on the integrated flash memory or memory card

1,50%

0,75%

j

Combination of above mentioned devices

1,50%

0,75%

VIDEO DEVICES
III.

DEVICES ALLOWING A VIDEO RECORDINGk

Devices for recording on the magnetic tape

3,00%

1,80%

l

Devices for recording on the optical carrier

3,00%

1,80%

m

Devices for recording on the integrated hard disk

3,00%

1,80%

n

Devices for recording on the integrated flash memory or memory card

3,00%

1,80%

o

Combination of above mentioned devices

3,00%

1,80%

IV.

TV RECEIVER ALLOWING A VIDEO RECORDINGp

Devices for recording on the magnetic tape

1,50%

0,90%

q

Devices for recording on the optical carrier

1,50%

0,90%

r

Devices for recording on the integrated hard disk

1,50%

0,90%

s

Devices for recording on the integrated flash memory or memory card

1,50%

0,90%

t

Combination of above mentioned devices

1,50%

0,90%

V.

COMPUTER COMPONENTS

u

Computer CD writer (internal or external)

3,00%

53%

v

Computer DVD writer (internal or external)

3,00%

58,4%

w

Computer memory card writer (internal or external)

3,00%

53%

x

Computer hard disk (internal only)

3,00%

58,4%

VI.

E - READERzelectronic book – devices for recording and displaying reading matter

3%

100%

for each piece

for OSABLANK CARRIERSBLANK AUDIO TAPESaup to 60 minutes

1,50 CZK50%

babove 60 minutes

2,00 CZK50%II.

BLANK VIDEO TAPES

cup to 180 minutes

3,00 CZK60%

dabove 180 minutes

4,00 CZK

60%

III.

BLANK OPTICAL AND DIGITAL CARRIERSe

CD - R - all formats

0,40 CZK53%f

CD - RW - all formats

2,00 CZK53%g

DVD - R - all formats

1,00 CZK58,70%hDVD - RW - all formats

5,00 CZK58,70%i

minidiscs

4,00 CZK

52,50%IV.

MEMORY CARDS IF THEY ARE NOT CHARGED AS EQUIPMENT

for each 1GB

for OSA

1,50 CZK

53,5%

up to 1TB for each 1GB

0,15 CZK

58,4%

above 1TB for each piece 150,-CZK plus for each GB above 1TB

0,10 CZK

58,4%for each 1GB (max. 90,-CZK)V.

COMPUTER HARD DISK (EXTERNAL)International Survey on Private Copying
Law & Practice 2016

I.

59

Revenues
Exchange rate LCU/€

25.15425.98527.54027.282

2012 (CZK)2013 (CZK)2014 (CZK)2015 (CZK)

Blank Media
Audio cassettes

60,72065,59838,34027,027

Video cassettes

348,046

261,696

109,304

93,530MiniDiscs

12,216

5,044

1,890

1,212

Optical Storage Media
CD

1,995,615

1,783,321

1,771,364

1,517,203

DVD

6,835,925

5,791,522

4,355,048

3,250,599

Flash Media
Memory card, flash disc23,719,604

26,014,930

32,632,071

38,915,534

External HDD

16,852,725

20,515,380

22,863,765

23,861,878

CD writer

398,986

377,776

538,016

214,741

DVD writer

6,113,323

5,354,351

5,365,618

9,597,144Mem. card writer

137,479

128,287

107,925

281,989

Internal HDD

17,753,260

17,862,184

19,864,042

20,661,204

Audio

3,337,417

2,630,705

3,226,255

2,005,508

Video

6,855,970

6,177,664

5,956,986

4,379,844

E-Reader338,773

196,514231,377

130,147

Total revenues*

84,760,059

87,164,972

97,062,001

104,937,560

Hardware, PC, HDD

Consumer Electronics

International Survey on Private Copying
Law & Practice 2016

* The table above represents the OSA revenues only. Actual Total Revenues for Czech Republic are expected to be higher as Integram
collections are not included.

60

8.

Denmark

Contact information
Country

Denmark

Currency

DKK

Name of organization

Copydan KulturPlus

Websitehttp://www.cdkp.dk/

Contact Person 1

Louise Lykkegaard Hoppe

Contact Person 2

Jade Yang

E-mail 1

llh@copydan.dk

E-mail 2

jay@copydan.dk

Address

Bryggervangen 8, 1.

Postcode

2100

City

København ØPhone+45 35 44 14 95

Fax+45 35 44 14 03

Legislation and fundamental facts
Copyright law

Consolidated Act on Copyright No. 202 of February 27, 2010, with subsequent amendments.
Digital copies are restricted to the manufacturer’s personal use or that of his household. For
analog copies, the definition is broader in the sense that it includes the manufacturer and his
closest circle of acquaintances. Article 12 does not include copying of works that have beenrented or borrowed.

Remuneration system

Remuneration levied on media and additional State funding to compensate for the difference inproceeds from DVDs between a given year and 2005. Articles 39-46a + regulation.

Liable for payment

Manufacturers, importers and retailers (if no levy has been paid previously).

Collecting society: Collection and distribution
Collecting society or CMO isappointed by:

Copydan KulturPlus has a legal monopoly by authorization of the Ministry of Culture.
Copydan KulturPlus is obliged to provide the Ministry with all requested information.

Administrative costs for collecting
private copying remunerations

Approx. 3,090,611 Danish krone (DKK), for both collecting and distributing to rightholder
organizations.

Administrative costs for
distribution of private copying
remunerations

Approx. 3,090,611 DKK, for both collecting and distributing to rightholder organizations.

Distribution process

Remuneration is distributed to rightholder organizations and not to individual
rightholders – individual distribution is through the different rightholder organizations.

International Survey on Private Copying
Law & Practice 2016

Article 12 – Reproduction for Private Use. This provision applies only when the source is legal.

61

Rate setting
How are levies/remuneration determined?

Levies and remuneration are determined by law and are payable only forcertain blank media specified by law.

Which criteria are used for determining thelevies/remuneration?

The general IT policy of the government at the time of implementation.

Are there any consumers or buyers exempt
from paying the levies?

Professional users, including educational institutions, can be exempted
through an agreement with Copydan KulturPlus. Alternatively, if payment has
been made, it can be refunded.
Users with visual or hearing impairments are also exempted.

Are there any products exempt from levies?
Are refurbished products exempt?

All products not specifically named in the legislation.

Are there any developments, or ongoingnegotiations concerning new tariffs (e.g.,cloud storage)?

No.

Collection process
How frequently is payment due?

The liable parties have an obligation to report their sales during the monthfollowing the month in which the blank media are sold.

How do you monitor or intervene in themarket?

Copydan KulturPlus may choose an external publicly authorized accountant
or an administrative employee within the organization who has an undisputed
right to make both announced and unannounced inspections. During aninspection, the accountant or administrative employee has the right toexamine any accounting material, which is believed to have any value for the
purposes of the inspection.

Are exports exempted?

Exports are exempted and levies may also be refunded upon presentation ofexport documentation showing the payment of the levies.

Who is considered an importer?

The importer is the natural or legal person who brings the media into thecountry.

International Survey on Private Copying
Law & Practice 2016

Distribution process
Who distributes the collected remunerations
to rightholders?

Distribution happens annually to more than 20 rightholder organizations.

Frequency of distribution

Annually.

Which rightholders?

All categories of rightholders in audio-visual and musical works.

How are the distribution schemes
determined?

Distribution schemes are determined by the individual organizations subject
to a distribution manual prepared by Copydan KulturPlus.

Distribution keys

A distribution key has been agreed between categories of rightholders.
Where possible, individual distribution is based on statistical surveys ofprivate copying, covering both audio and video.

62

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction? If There is a social and/or cultural deduction of 1/3, which is mandated by law.
so, how is this determined?
Which body is responsible for allocationof funds to artists, cultural productions orsocial schemes?

The organizations representing the different categories of rightholders are
responsible for the allocation of funds to artists, cultural productions andsocial schemes.

What is the amount dedicated to the social
and/or cultural fund in 2015?

1/3, or approx. 7,933,222 Danish krone.

How can social and cultural funds be used?

The funds can be used for grants, production support, support for festivals,etc.

Legal developments and court cases22
Legal developments

On March 5, 2015, the CJEU rendered its judgment in C-463/12 – CopydanBåndkopi v Nokia Danmark A/S.
The central issue in the case was whether the Danish implementation of
Article 5(2)(b) of the InfoSoc Directive was in conformity with EU Law. Nokia
Denmark (now Microsoft Denmark) had argued that the Danish levy on SD
cards violated EU Law. The main arguments from Nokia were as follows:1.

Copying on SD cards constitutes minimal harm, especially because they
are multifunctional, so implementing a levy is not allowed.

2.

The fact that there is a levy on SD cards used in mobile phones, but
not on internal memory in mobile phones, constitutes a violation of theprinciples of equal treatment.

Firstly, the CJEU ruled that the fact that a device can be used for private
copying is enough to justify a levy and that the actual copying or the fact thata device is multifunctional only influences the amount of the levy.
Secondly, the CJEU ruled that the courts in EU Member States must determine
whether there are legitimate objective reasons for not subjecting internal
memory in mobile phones to a levy. However, the CJEU in no way indicatedthat the lack of a levy on the internal memory of mobile phones would makethe particular levy on SD cards incompatible with EU Law. On the contrary, theCJEU hinted that a levy should also be implemented on the internal memory ofmobile phones.
In addition to the central issues of the case, the CJEU issued and reiterated
many opinions which strengthen European remuneration schemes.
The CJEU referred the case to the Danish Court of Appeals for the final
judgment, as can be seen below.
Nokia refused to pay the Danish levy on SD memory cards using the argumentthat the levy did not comply with EU law, which resulted in the abovementioned court case.

Court cases

Nokia has appealed the case to the Supreme Court of Denmark. A Supreme
Court decision can be expected in 12-18 months.

Implementation problems

The CJEU indicated in Case No. C-463/12 that the Danish implementation of
Article 5(2)(b) of the InfoSoc Directive was not consistent with EU law, since
the Danish remuneration system only provides for levies on detachable media
and not on built-in media (non-detachable media).

Tariffs
Current tariff in DKK, valid for 2016

Capacity

Blank Media
Analog audio cassette

0.0757Per minuteAnalog video cassette

0.1055Per minuteMini disc2.37

Per unit

CD R/RW

2.37

Per unit

DVD, Blu-ray, HD DVD

3.76

Per unit

Flash media
USB, U3

5.37

Per unit

Memory card/flash media

5.37

Per unit

International Survey on Private Copying
Law & Practice 2016

Are there liable parties who reject
responsibility or refuse to pay for certain
media/devices?

63

Revenues
Exchange rate LCU/€

7.443

7.457

7.446

7.462

2012 (DKK)2013 (DKK)2014 (DKK)2015 (DKK)

Analog audio cassette

20,401

9,325

2,294

5,757

Analog video cassette

459,007

116,933

47,466

15,544MiniDiscs

145

5,493

45

833

CD R/RW

3,891,326

3,168,246

2,008,737

1,313,892

DVD, Blu-ray, HD DVD

4,533,285

3,520,323

1,649,816

1,190,124

DVD compensation

14,980,000

16,620,000

17,730,000

19,710,000

Blank MediaInternational Survey on Private Copying
Law & Practice 2016

Flash Media

64

USB, U34,512,302

3,948,359

3,293,524

3,308,285

Memory card/Flash Media

2,858,887

3,206,503

2,619,872

2,999,965

Total

31,219,314

30,595,182

27,351,754

28,544,400

9.

Estonia

Contact information
Country

Estonia

Currency

Euro

Name of organization

Estonian Authors’ Society

Websitewww.eau.org

Contact Person 1

Kalev Rattus

Contact Person 2

Viive Lillemäe

E-mail 1

kalev@eau.org

E-mail 2

viive@eau.org

Address

Lille 13

Postcode

10614

City

TallinnPhone+ 372 668 43 60

Fax+372 668 43 61

Legislation and fundamental facts
Copyright Act, Articles 26 and 27; Ministerial Regulation No. 14 (January 17, 2006).

Remuneration system

Remuneration provided for in Article 26 of the Copyright Act in order to compensate forprivate use of audio-visual works and sound recordings of works.

Liable for payment

Manufacturers, importers, sellers of storage media and recording devices are
responsible for payment.
The seller shall pay the remuneration when the manufacturer, importer, or the person
who brings storage media and recording devices from the European Community customs
territory into Estonia has not paid such remuneration.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

Estonian Authors’ Society, appointed by the Ministry of Justice.

Administrative costs for collecting private
copying remunerations

The Minister of Justice appoints a CMO (Estonian Author´s Society) as
the collector of remuneration and the organization has the right to deduct
expenses related to the collection and payment of remuneration from the
remuneration collected.

Rate setting
How are levies/remuneration determined?

The amount of remuneration is calculated on the basis of Article27(7) of the
Copyright Act and is as follows:

International Survey on Private Copying
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Copyright law

65

Which criteria are used for determining thelevies/remuneration?

Copying behavior, according to a survey of people.

Are there any consumers or buyers exempt
from paying the levies?

No.

Are there any products exempt from levies?

The remuneration is repaid on storage media and recording devices:1.

which, because of their technical characteristics, do not enable thereproduction of audio-visual works and sound recordings of works assingle copies;

2.

exported or transported from Estonia into the European Community
customs territory;

3.

used in the course of the activities specified in the articles of associationof the undertaking;4.

used in an activity where the result of the main activity of the person
who makes the recording requires the manufacture of an audio or video
recording as an intermediate stage;5.

intended for recording activities in educational and research institutions
for the purpose of teaching or scientific research; and6.

used for making recordings for the benefit of disabled persons.

Are refurbished products exempt?

No.

Are there any developments, or ongoingnegotiations concerning new tariffs (e.g.,cloud storage)?

No. The exhaustive list of equipment and devices subject to the private copy
levy is not in accordance with recent technological developments in this field.
It is remarkable that the amount of the private copy levies distributable torightholders in Estonia has decreased year by year. In fact, in 2014 and 2015,
the costs of collecting “blank tape levies” exceeded the collected amounts
and therefore rightholders did not receive any remuneration under the private
copying exemption.

International Survey on Private Copying
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Collection process

66

How frequently is payment due?

Any manufacturer, importer or person who brings recording devices andstorage media from the customs territory of the European Community into
Estonia must inform the organization appointed to collect remuneration of thequantity and purchase price of recording devices and storage media within
20 days from the end of each calendar month, in writing or in a form that is
capable of being reproduced in writing. The organization appointed to collect
the remuneration can negotiate a different fee.

How do you monitor or intervene in themarket?

The CMO appointed as the collector of remuneration has the right to obtainnecessary information from customs authorities and statistical organizations,manufacturing and importing organizations and sellers. The information
submitted is confidential and the collector of remuneration has the right touse and disclose the information only in connection with such collection.

Are exports exempted?

Exports are exempted by law. The remuneration is repaid on the storage
media and recording devices exported or transported from Estonia into theEuropean Community customs territory.

Who is considered an importer?

Manufacturers, importers, sellers of storage media and recording devices are
responsible for payment.
The seller pays the remuneration when the manufacturer, importer, or the
person who brings storage media and recording devices from the European
Community customs territory into Estonia has not paid such remuneration.

Distribution process
Who distributes the collected remunerations
to rightholders?

The remuneration is distributed on the basis of a distribution plan for the
preparation of which the Minister of Justice appoints a committee every
year, proportionally composed of CMOs representing authors, performers andproducers of phonograms and a representative of the Ministry of Justice.

Frequency of distribution

YearlyWhich rightholders?

The remuneration is distributed among authors, performers and producers ofphonograms according to the use of works and phonograms.

How are the distribution schemes
determined?

Distribution schemes are set and approved by the Ministry of Justice, after
consultation with a working group of rightholders.

Distribution keys

Distribution scheme, audio:
33.33% – authors;
33.33% – performers;
33.33% – producers of phonograms
Distribution scheme, video:
63% – authors;
27% – performers;
10% – producers of phonograms

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

Remuneration may also be paid to organizations for the development ofmusic and film culture and to finance educational and research programs orfor other similar purposes, but only in an amount not exceeding 10% of the
remuneration subject to distribution.

What is the amount dedicated to the social
and/or cultural fund in 2015?

No money was dedicated to the social and/or cultural fund in 2015.

Legal developments and court cases
The situation in Estonia has not changed in 2015.

Are there liable parties who reject
responsibility or refuse to pay for certain
media/devices?

A private copy levy has been collected in Estonia since 1996. The list ofrecording devices and means subject to payment has not changed since .
Thus the Estonian Authors’ Society can collect remuneration only from analog
devices, audio and video carriers and blank CDs and DVDs . Unfortunately, thegovernment of Estonia has not updated or changed the list of products subject
to payment despite constant pressure from rightholders.

International Survey on Private Copying
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Legal developments

67

Court cases

Given the lack of any positive changes, the Estonian Authors’ Society, theEstonian Performers Association and the Estonian Association of Phonogram
Producers (EFÜ) filed a complaint to the Tallinn Administrative Court on
February 18, 2013 requesting that the still valid but obsolete list of recording
devices and means, on the basis of which the State calculates remuneration
to authors for income not received as a result of private copying of theirworks, should be considered as conflicting with the Constitution of Estonia.
Furthermore, the above societies claimed compensation for damages fromthe State for income not received from 2010 to 2014, in the amount of 831,416
euros.
The Tallinn Circuit Court found that the public authority in Estonia had failed
to perform its obligations by issuing a regulation on the “blank tape levy” thatclearly failed to guarantee authors, performers and phonogram producers
equitable remuneration under the private copying exemption, and that theclaim for compensation by way of damages was therefore justified. However,the Supreme Court ruled that before being able to decide upon the question ofwhether a claim for damages under Section 14 of the Estonian State Liability
Act was justified, the court must first establish the facts and the amount ofdamages, as well as the causation between the breach of the obligations of
the public authority and the monetary damages suffered by the claimants. The
Supreme Court found that in this case the circuit court had failed to establish
these obligatory prerequisites.
The action will therefore continue in the Tallinn Circuit Court as that court
must now determine whether all the prerequisites for compensation ofdamages under Section 14(1) of the Estonian State Liability Act exist.

Tariffs

International Survey on Private Copying
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Blank Media

68

Tariff valid in
2015

Capacity

Audio cassettes

8%

Per unit

Video cassettes

8%

Per unit

CD-R, CD-RW, DVD-R and DVD-RW discs

8%

Per unit

MiniDiscs (MD)8%

Per unit

TariffCapacity

VHS and DVD recording devices

3%

Per unit

Audio cassette, CD-R and CD-RW recording devices

3%

Per unit

Devices
Hardware, PC, HDD

Revenues
Exchange rate LCU/2Media/Devices

1.000

1.000

1.000

1.000

2012 (2)2013 (2)2014 (2)2015 (2)24,883.00

23,993.00

9,438.00

6,205.00

10. Finland
Contact information
Country

FinlandCurrency

Euro

Name of organization

Finnish Composers’ Copyright Society, TEOSTO

Websitewww.teosto.fi

Contact Person 1

Turo Pekari, Researcher

Name of organization(as of 2015)

Ministry of Education and Culture

Contact Person (as of 2015) Jorma Walden, Director of Copyright, Ministry of Education and Culture
turo.pekari@teosto.fi

E-mail 2

jorma.walden@minedu.fi

Address TEOSTO

Urho Kekkosen Katu 2 C

Postcode

00100

City

HelsinkiPhone

00358 9 681 011

Address Government

Meritullinkatu 1

Postcode

FI – 00023 GOVERNMENTCity

HelsinkiPhone+358 2953 30004 (switchboard)

Legislation and fundamental facts
Copyright law

December 19, 2014: Copyright Act sections 26(c)-26(f) and 26(h) repealed.
Amendments to section 2(a) and 26(b), section 45(7), section 46(3), section
46(a)(3) and section 49(3).

Remuneration system

The bill to amend the provisions of the Copyright Act pertaining to faircompensation was ratified by the President of the Republic on December 19,
2014. The new law entered into force on January 1, 2015. The amendment
introduced a financing system for fair compensation. Collection of devicebased levies from consumers, which had been applied since 1984, wasreplaced by financing from the annual State budget.

Liable for payment

From January 1, 2015: The Government of Finland.

International Survey on Private Copying
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E-mail 169

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

2014
TEOSTO is appointed by The Ministry of Education and Culture, for a maximum
period of 5 years (2011-2016). TEOSTO is responsible for distribution throughrightholders’ organizations.
2015
System replaced by annual financing from the State budget on January 1,
2015
Consequently, all device-based levies were annulled as from the beginning of2015.

Rate setting
How are levies/remuneration determined?

The Finnish Government sets the level and the scope of the remuneration.
The Ministry assumes responsibility for conducting surveys on private
copying. A consultative committee will be established to assist the Ministry.

Distribution process
Who distributes the collected remunerations
to rightholders?

Allocation of fair compensation to CMOs to be further distributed torightholders conducted by the Ministry of Culture.

Frequency of distribution

YearlyWhich rightholders?

Composers, publishers, phonogram producers and performers, film authorsand other authors.

Distribution keys

Distribution scheme, audio:
65% – individual rightholders via copyright societies:
51% – Gramex (phonogram producers and performers)
44% – Teosto (musical authors)
5% – Kopiosto (other authors)

International Survey on Private Copying
Law & Practice 2016

Distribution scheme, video:
50% individual rightholders:
69.4% – Kopiosto (other authors)
11.4% – Teosto (musical authors)
11% – Tuotos (film producers)
8.2% – Gramex (phonogram producers and performers)

Tariffs

70

Revenue

The tariffs were valid until December 31, 2014. As from January 1, 2015 the State budget provides thefinancing. Annual fair compensation from the State budget in 2015 and 2016 is expected to be 11 million
euros. As from 2017, the situation will be reviewed annually depending on developments in private copying.

Exchange rate LCU/2

1.000

1.000

1.000

1.000

2012 (€)

2013 (€)

2014 (€)

2015 (€)

Blank MediaC-Cassette

19,30014,700

11,200VHS

26,10027,70023,000

Optical Storage MediaCD

525,000

405,000

256,000

DVD

1,075,000

695,000

466,000

Blu-ray disc11,90012,70010,100MiniDisc

n/a

n/a

n/a

2,661,000

2,441,000

Devices, Hardware, PC, HDD
External hard disc1,998,000
Consumer Electronics

Digital video recorder (set-top boxes)

2,644,000

2,116,000

1,414,000

MP3-player

774,000

475,000

257,000

Total Revenue

7,073, 300

6,407,100

4,878,300

11,000,000

2014: (5,200,000 euros, total revenues with 12/2014 sales added (annual revenues are counted from December to November) Statebudget financing from January 1, 2015).

International Survey on Private Copying
Law & Practice 201671

11. France
Contact information
Country

FranceCurrency

Euro

Name of organization

Copie France

Web sitewww.copiefrance.fr

Contact Person 1

Charles-Henri Lonjon

Contact Person 2

Cécile Kremnicky

E-mail 1charles.henri.lonjon@copiefrance.fr

E-mail 2

cécile.kremnicky@copiefrance.fr

Address

225 avenue Charles de Gaulle

Postcode

92210

City

Neuilly-sur-Seine

Phone(33) 1 47 15 87 53/(33) 1 47 15 87 56

Fax(33) 1 47 15 87 97

Legislation and fundamental facts

International Survey on Private Copying
Law & Practice 2016

Copyright law

72

Articles L 311-1 to L 311-8, Book III, Title I of the Intellectual Property Code
(IPC).
1.

The scope of the exception, in accordance with the Padawan decision,
was redrafted last December (IPC, L 311-8 II, law dated December 20,
2011, enacted on December 23, 2011): the obligation to pay remuneration
shall not apply to carriers or devices acquired for professional use andnot presumed to be used for private purposes.

2.

All types of carriers not included in the scope of the decisions of theadministrative commission in charge of setting the tariffs and specificdecisions excluding DAT, C10 & C15 Tapes, and 8cm DVD.

Remuneration system

Levy on media and equipment with internal storage capacity, according tocapacity.

Liable for payment

Importers and manufacturers of liable carriers/devices.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

Copie France

Administrative costs for collecting private
copying remunerations

0.80%

Administrative costs for distribution ofprivate copying remunerations

Copie France is not responsible for the distribution of PCR directly torightholders. It only distributes to collecting societies, which then distribute torightholders.

Rate setting
How are levies/remuneration determined?

The rates are set by a specific administrative commission composed of
24 members as follows: 12 representatives of rightholders’ organizations,
6 representatives of manufacturers and importers and 6 representativesof consumers’ organizations. A Chairperson, with specific voting powers,
represents the State and the “common good”. Decisions are discussed, voted
on and officially published.
IPC, L 311-4: obligation to determine the level of the remuneration based onuse.

Are there any consumers or buyers exempt
from paying the levies?

The scope of the exception in accordance with the Padawan decision was
redrafted in December 2011 (IPC, L 311-8 II, law dated December 20, 2011,
enacted on December 23, 2011): the obligation to pay remuneration shall not
apply to carriers or devices acquired for professional use and not presumed
to be used for private purposes.

Are there any products exempt from levies?

According to the law, professionals have the right to a refund, and they may
apply for an exemption agreement.
Any end user of a liable carrier may apply for a refund or an exemption
agreement
They should also be exempted if they can prove that they are the end user ofthe carrier, in which case it is not possible to presume use for private copying.
Not all families of carriers fall within the scope of the decisions of theadministrative commission and specific decisions exclude DAT, C10 &C15
tapes and 8cm DVD.

Are refurbished products exempt?
Are there any developments, or ongoingnegotiations concerning new tariffs (e.g.,cloud storage)?

No, the RCP is collected on refurbished products (when declared) as Copie
France considers refurbished devices to be new products that may be used
for reproduction of works for private use.
After three years, importers and manufacturers agreed to start negotiations.
The administrative commission voted a work program for the next three years.
During the first year, the commission should study new private copying uses
involving external hard discs, tablets, NPVR and mobile phones in order toupdate tariffs. However, discussions are slow and new tariffs should be voted
in 2017.

How frequently is payment due?

Payment is due monthly.

How do you monitor or intervene in themarket?

The market is controlled on a voluntary basis or through court decisions.

Are exports exempted?

Exports are exempted. French manufacturers and importers that sell carriers
or equipment abroad do not have to pay levies.
When distributors/retailers export levied products bought in France, they must
provide to Copie France proof that the levied product has been exported andthat the remuneration has been paid by its supplier. Copie France verifies thatthe remuneration has been paid by the supplier, refunds the incurred costs
to the supplier, and then informs the exporting society that its supplier will, in
turn, refund the incurred costs.

Who is considered an importer?

Since the Opus case, Copie France has ordered several foreign-based
websites to stop selling to French consumers without paying levies and toreport all supplies made to the French market. Regularization processes andcourt cases are ongoing.

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Collection process73

Distribution process
Who distributes the collected remuneration
to rightholders

Copie France

Frequency of distribution

Monthly.

Who are the rightholders?

Authors, performers and producers.

How is the distribution pattern determined?

Distribution patterns are determined based on a three-step process.

Distribution key

Step 1: Splitting of collected PCR into four parts, according to the kind of(dedicated or hybrid) storage media used, as follows: audio, video, written
works and visual artwork.
Step 2: Each of the four parts listed in Step 1 is then split, according to thelaw, between authors, performers and producers/publishers:
Audio: 	50% to authors’ organizations
25% to performers’ organizations
25% to phonogram producers’ organizations
Video: 	1/3 to authors’ organizations
1/3 to performers’ organizations
1/3 to videogram producers’ organizations
Written works and visual arts:	50% to authors
50% to publishers
Step 3: Contractual split between organizations.

International Survey on Private Copying
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Social and cultural funds for collective purposes

74

Is there a social and/or cultural deduction?

There is a social and/or cultural deduction determined by IPC L321-9.

Which body is responsible for allocationof funds to artists, cultural productions orsocial schemes?

Authors’, producers’ and performers’ organizations are responsible for suchallocations

What was the amount allocated to the social
and/or cultural funds in 2015?

25%

How can social and cultural funds be used?
Please give examples.

All information can be found on www.copieprivee.org, a dedicated website
the provides information on how PCR is used for cultural purposes.

Legal developments and court cases
Are there liable parties who deny
responsibility or refuse to pay for certain
media/devices?)

Copie France is facing difficulties (non-payment, court cases) with somemanufacturers/importers who challenge the entire French PCR system,
especially the criteria and legal basis for setting the tariffs.

Court cases

There are challenges to the legal basis of the PCR system in France, relative
to the European directive on private copying (2001/29). The challenges aremainly to the exemption of professional users of liable carriers.

Legal developments

A new law came into force on July 7, 2016. The most important changes are
as follows:
Refunds for exports are paid directly to the exporting societies.
As for professional uses, exporting societies should be also exempted by
Copie France to the extent that Copie France can monitor the export of the
product.
NPVR services offering cloud storage were brought within the scope of
remuneration for private copying.

Implementation problems

NPVR services must negotiate with TV channels the scope of the PCR. These
negotiations are particularly difficult. Some TV channels require to be paid
for private copying and others seek to limit the ability to copy a program.
Moreover, in parallel to these negotiations, the administrative commission in
charge of setting the PCR tariff in France must now open a working session to
set a new tariff for NPVR.

Tariffs
Tariffs valid from: January 1, 2013 until present

Blank analog carriers
Carrier

Recording duration

Private copying remuneration(euros)Audio tapes

Per 100 hours (i.e. 0.432 per C90 item)

28.51

Video tapes (VHS)Per 100 hours (i.e. 1.292 per E180 item)

42.84

Digital recording Carriers
Carrier
Data CD R and RW

Recording duration or storage capacity

Private copying
remuneration (euros)

Per 100,000MB (i.e. 0.352 per 700MB)

50.00

Data DVD Ram, DVD R and RW

Per 100 GB (i.e. 0.902 per 4.7 GB)

19.15

MiniDiscs and Audio CD R

Per 100 hours (i.e. 0.562 per 74 mins)

45.73

Micro floppy disc 3 ½”

Per 1.44MB

0.015

DVHS

Per 100 hours (i.e. 3.772 per 180 mins)

125.77

Memories and hard discs integrated in TV sets, video recorders or TV decoders/ADSL-boxes (decoders and
ADSL-box used exclusively for recording audio-visual broadcasts).
Storage capacity

Private copying remuneration (euros)
6.30

More than 8 GB to 40 GB

12More than 40 GB to 80 GB

18

More than 80 GB to 160 GB

25More than 160GB to 250 GB

30

More than 250 GB to 320 GB

37.50

More than 320 GB to 500 GB

45

Memories and hard discs integrated in an audio Walkman (MP3 Walkman) or lounge device
Storage capacity

Remuneration in euros per gigabyte (2/GB)

Up to 8 GB

1.50 2/GB

More than 8 GB to 32 GB

1 2/GB

Memories and hard discs integrated in an audio + video Walkman (MP4 Walkman) or lounge device
Storage capacity

Remuneration in euros per gigabyte (2/GB)

Up to 4 GB

1.50 2/GB

More than 4 GB to 8 GB

0.88 2/GB

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Law & Practice 2016

Up to 8 GB

75

More than 8 GB to 16 GB

0.50 2/GB

More than 16 GB to 32 GB

0.35 2/GB

More than 32 GB to 96 GB

0.33 2/GB

USB keys
Storage capacity

Remuneration in euros per gigabyte (2/GB)

Up to 2 GB

0.20 2/GB

More than 2 GB to 4 GB

0.16 2/GB

More than 4 GB to 8 GB

0.13 2/GB

Over 8 GB

0.10 2/GB

Memory cards
Storage capacity

Remuneration in euros per gigabyte (2 /GB)Up to 2 GB

0.09 2/GB

More than 2 GB to 4 GB

0.08 2/GB

More than 4 GB to 8 GB

0.07 2/GB

Over 8 GB

0.06 2/GB

Standard External Hard Discs
Storage capacity

Private copying remuneration in euros

Up to 120 GB

8.40

More than 120 GB to 320 GB

9.60

More than 320 GB to 500 GB

11More than 500 GB to 1000 GB

20

International Survey on Private Copying
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Remuneration in euros per gigabyte (2/GB)

76

From 1000 GB to 5000 GB

0.015 2/GB

From 5000 GB to 10 000 GB

0.012 2/GB

Note: Included in this category are:External hard discs with USB or Firewire interface
SSD (solid state drive) systems
Network storage systems (NAS and NDAS) for households (desktop versions)

Multimedia external hard discs or memories:−−

With audio/video and/or recording jack output interfaces that allow the playblack of audio/video content
without a PC;−−

With audio/video and/or recording jack output interfaces and input interfaces that allow the recordingof audio/video content without a PC; and−−That are built in or connected to a decoder and are not exclusively dedicated to the recording of video
content (box with multimedia HDD or recording capacity).
Storage capacity

Private copying remuneration in euros

Up to 8 GB

6.30

More than 8 GB to 40 GB

9.30

More than 40 GB to 80 GB

12.50

More than 80 GB to 160 GB

16More than 160 GB to 250 GB

23

More than 250GB to 320 GB

27

More than 320 GB to 500 GB

30

More than 500 GB to 1 TB

31More than 1 TB to 2 TB

32

Mobile phones with music and video playback functionality
Storage capacity

Remuneration in euros per gigabyte (2/GB)

Up to 8 GB

0.7000 2/GB

More than 8 GB to 16 GB

0.5000 2/GB

More than 16 GB to 32GB

0.3095 2/GB

More than 32 GB to 64GB

0.2360 2/GB

Memories and hard discs for audio storage and playback integrated in a global positioning system (GPS) or
a car radio and separate from storage media used for other elements such as navigation software and road
map information.
Storage capacity dedicated to music display

Remuneration in euros per gigabyte (2/GB)

Any capacity

1.25 2/GB

Multimedia touchscreen tablets running on a specific operating system or a mobile device operating system.
Storage capacity

Remuneration in euros per gigabyte (2/GB)

Up to 8 GB

0.8000 2/GB

More than 8 GB to 16 GB

0.5250 2/GB

More than 16 GB to 32 GB

0.3281 2/GB

More than 32 GB to 64 GB

0.1969 2/GB

Carriers sold in a “bundle” or “additional offer” with a recording device

1.

The rate applicable to recording devices sold with one or more recording media (e.g.,, memory card, external hard disc)in the same transaction, in the same packaging or several packagings combined (“bundle”), or sold separately but
obviously intended to be used together (“additional offer”), is obtained by calculating the total recording capacity of thecarrier and the device, and applying the relevant rate of the device to the resulting total capacity.

2.

No remuneration is paid for recording capacities sold in a “bundle” or “additional offer” with a device whose recording
capacities are not subject to a private copying levy.

Revenue
Exchange rate LCU/2

1.000

1.000

1.000

1.000

2012 (€)

2013 (€)

2014 (€)

2015 (€)

Data CD R/RW

8,307,802

8,384,000

4,808,000

3,096,656

Audio cassette, audio CD,
MiniDisc

287,701

567,000

129,000

58,402

Total Audio

8,595,503

8,951,000

4,937,000

3,155,058

2012 (€)

2013 (€)

2014 (€)

2015 (€)

Video cassette

2,796,901

535,000

223,000

73,027DVD data

16,381,548

8,990,000

6,272,000

3,575,105

Audio Revenue

Video Revenue

International Survey on Private Copying
Law & Practice 2016

The rate is applied to the device is calculated by adding (a) the storage capacity of the carrier and (b) the storage capacity ofthe device.

77

Total Video

19,178,449

9,525,000

6,495,000

3,648,132

Device Revenue

2012 (€)

2013 (€)

2014 (€)

2015 (€)

Hard discs or memory inserted
into digital audio (MP3) player

4,535,756

2,994,000

1,959,000

987,741

Hard disc inserted into a video
recorder2,499,869

Memory or hard disc inserted
into a multimedia Walkman ordevice11,816,912

9,678,000

5,525,000

2,983,643

Hard disc inserted into a
decoder and TV set

12,354,452

21,673,000

12,200,000

11,052,050

7,285,000

18,793,000

17,088,616

23,147,754

17,512,000

18,592,000

17,542,741(in 2012, included in
USB stick data)

7,369,000

9,821,000

9,482,822

External hard discs

32,461,189

35,036,000

27,487,000

22,638,181

Walkman phones

52,184,074

55,219,000

79,437,000

100,611,184

Tablets

6,421,319

31,890,000

29,641,000

33,853,105

Memories in a global
positioning system (GPS) or a
car radio

671,246

840,000

1,974,000

1,762,935

Total Devices

146,103,773

189,496,000

205,429,000

219,329,345

Grand Total

173,877,725

207,972,000

216,861,000

226,132,535

Multimedia boxes ormultimedia hard disc
Memory or hard disc inserted
into a Hi-Fi device
USB sticks

International Survey on Private Copying
Law & Practice 2016

Removable memory cards

78

1,258,703

11,202

Additional Information(1) F or hybrid devices, data CD-R, data DVD, USB key, external hard discs and memory cards, revenues are split among audio, video,
written works and visual arts remunerations.
For memory or hard discs inserted into multimedia devices, revenues are split between audio and video remunerations.
(2) F rance collects on carriers inserted into devices, not on devices themselves.
(3) T he 2016 revenues as presented above (i.e., total of 226,132,535 euros) do not include further processing of sums received after
settlements of disputes that have arisen between 2013 and 2016. These settlements modify the amount of collections for eachyear but have not been included in the revenue benchmarks in the management summary of this report.
Thus, the definitive sums collected on each financial year, after reprocessing these exceptional elements, is as follow:
2012: 221 million euros
2013: 235 million euros
2014: 234 million euros
2015: 229 million euros

12. Germany
Contact information
Country

Germany

Currency

Euro

Name of organization

Zentralstelle für private Überspielungsrechte (ZPU)

Web sitewww.zpue.de

Contact Person

Verena Wintergerst

E-mail 1

vwintergerst@zpue.deE-mail 2

info@zpue.deAddress

Rosenheimer Str. 11

Postcode

81667

City

MünchenPhone+49 89 48003-416

Fax+49 89 48003-988

Legislation and fundamental facts
Copyright law

Copyright Act of September 9,1965, amended on June 24,1985. Further
amendments in 1990, 1994, 1995, 1998, 2003, 2007. Latest revision in force since
January 1, 2008 with new regulations for private copying remunerations.

Remuneration system

There is no remuneration for copies from illegal sources. Remuneration islevied on media and devices.

Liable for payment

Importers and manufacturers, resellers and retailers.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

ZPU collects private copying remunerations for media and devices, which
can be used for copying audio and video works. VG Wort and VG Bild-Kunst
collect private copying remunerations for media and devices which can beused for copying text and pictures, but not for audio or video works.
ZPU is appointed by its member societies (collecting societies), which
represent their rightholders.

Distribution process

ZPU distributes to member societies. Member societies distribute to theirrightholders. Distribution must be agreed upon by all member societies.
ZPU does not distinguish between costs for collecting and for distributing
private copying remunerations.

International Survey on Private Copying
Law & Practice 2016

Not only private copies are subject to copy remunerations (Article 53(1)UrhG), but also other kinds of copies mentioned in Article 53(2) and 53(3)UrhG. In German, the term “private copies” applies to all of the above copies.

79Rate setting
How are levies/remuneration determined?

Levies are set by ZPU through negotiations between ZPU and associations of
manufacturers and importers.
If the negotiations fail, tariffs will be set by ZPU based on market researchdata. This regularly leads to judicial proceedings, such that a new and valid
tariff is suggested/set by the arbitration board or by the courts.

Which criteria are used for determining thelevies/remuneration?

Empirical studies on the usage of devices and storage media.

Are there any consumers or buyers exempt
from paying the levies?

There are different exemptions for professional and industrial users. There
are no exemptions for consumers.

Are there any products exempt from levies?
Are refurbished products exempt?

All devices and media used for private copying are subject to remunerations.

Are there any developments, or ongoingnegotiations concerning new tariffs (e.g.,cloud storage)?

−−

There is no exception for refurbished products when imported.

−−new (2016) contract with BITKOM e.V. for mobile phones since 2008 (20%discount on tariffs)
new (2016) contract with BITKOM e.V. for tablets since 2012 (20% discounton tariffs) and several contracts with importers for tablets in 2010/2011.

Accordingly, there are new tariffs for mobile phones and tablets; see details
below.

International Survey on Private Copying
Law & Practice 2016

Collection process80

How frequently is payment due?

Monthly or twice a year, depending on contract/general agreement.

How do you monitor or intervene in themarket?

Importers and manufacturers can be audited by accountants in case ofreasonable doubts concerning the correctness of reports. The reports of theimporters and manufacturers are checked against the figures reported by theretailers.

Are exports exempted?

Exports are exempted by law in Article 54 II UrhG.

Who is considered an importer?

In cross-border sales, the German party is responsible, if the recipient is acommercial entity. The party abroad is responsible if the German recipient is a
private consumer.

Distribution process
Who distributes the collected remuneration
to rightholders?

ZPU distributes to member societies. Member societies distribute to theirrightholders.

Frequency of distribution

Distribution occurs when ZPU partners decide to distribute – there iscurrently no set frequency.

How are the distribution schemes
determined?

Distribution schemes are determined through negotiations among ZPU’smember societies.

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

No

Legal developments and court cases
Legal developments

New regulations for collecting societies are in force since May 24, 2016
(VGG – Verwertungsgesellschaftengesetz).

Are there liable parties who reject
responsibility or refuse to pay for certain
media/devices?

Only a small part of the IT industry refuses to pay for products which arecovered by collective agreements. This part of industry is organized as ZitCoe.V.
Furthermore, industry refuses to pay for media and devices which are still
subject of lawsuits (see below).

Court cases

Lawsuits are still pending for all types of media and equipment.
Exception:
BITKOM members for mobile phones and tablets; andBITKOM and BCH members for PCs.

Implementation problems

A small part of the IT industry denies responsibility or refuses payment,
relying on the Padawan case (business tariffs), faults in setting tariffs,
complaints that tariffs are too high, import-export regulations, etc.

Tariffs
PCs

Tariff valid as from January 1, 2011
(euros)Consumer PC

13.1875

per piece

Business PC

4.0000per piece

Small mobile PC

10.250per piece

Workstation (since 2014)

4.0000per piece

0.00

per piece

Internal CD/DVD-writer
PCs

Tariff valid from January 1, 2008
until December 31, 2010

PC with CD/DVD-writer17.0625

per piece

PC without CD/DVDVD-writer15.1875

per piece

Internal CD/DVD-writer1.8750per piece

CD/DVD writer

7.00

per unit

Tariff valid from January 1, 2008
(euros)Capacity

Audio cassette

0.0614

per hour

DAT/MD

0.0614

per hour

Audio-CD-R/RW

0.0614

per hourVHS

0.0870per hourBlank Media

Optical Storage Media

Tariff valid from January 1, 2010

CD-R up to 900 MB

0.062

per unit

CD-RW up to 900 MB

0.197

per unit

DVD+/-R GB

0.139

per unit

DVD+/-RW 4.7 GB

0.271

per unit

DVD-RAM 4.7 GB

0.550

per unit

DVD-RAM 9.4 GB

1.264

per unit

DVD double sided 9.4 GB

0.117

per unit

DVD double layer/dual layer 8.5 GB

0.386

per unit

International Survey on Private Copying
Law & Practice 2016

External CD/DVD-writer

Tariff valid from January 1, 2010
(euros)81

Flash Media

Tariff valid from July 1, 2012 (euros)

USB sick ≤ 4 GB

0.91

per unit

USB stick > 4 GB

1.56

per unit

Memory card ≤ 4 GB

0.91

per unit

Memory card > 4 GB

1.95

per unit

HDDs

Tariff valid from January 1, 2008
(euros)Multi-media HDD with recording function

34.00

per unit

Multi-media HDD without recording function

19.00

per unit

Network HDD < 1 TB

5.00

per unit

Network HDD ≥ 1 TB

17.00

per unit

External HDD < 1 TB

7.00

per unit

External HDD ≥ 1 TB

9.00

per unit

Consumer Electronics
Set-Top-Box with external HDD

Tariff valid from 01.01.2008
13.00

per unit

Tariff valid from January 1, 2010
(euros)15.00

per unit

DVD-recorder

22.00

per unit

DVD+VCR-recorder

30.00

per unit

DVD-HDD-recorder

39.00

per unit

DVD+VCR+HDD-recorder

49.00

per unit

Set-top box+HDD-recorder

34.00

per unit

HDD-recorder

34.00

per unit

TV with HDD

34.00

per unit

AC-recorder

7.00

per unit

MD-recorder

25.00

per unit

13.00

per unit

MP3-player

5.00

per unit

MP4-player Display< 3’’

5.00

per unit

15.00

per unit

International Survey on Private Copying
Law & Practice 2016

VHS-recorder

CD-recorder

Mobile phone 2008

1.6625

per unit

Mobile phone 20092.05

per unit

82

Consumer phone 2010

3.6375

per unit

Consumer phone 2011

4.6875

per unit

Consumer phone 2012

5.275

per unit

Consumer phone 2013

5.6625

per unit

Consumer phone 2014 and following

6.25

per unit

Business phone 2010

1.81875

per unit

Business phone 2011

2.34375

per unit

Business phone 2012

2.6375

per unit

Business phone 2013

2.83125

per unit

Business phone 2014 and following

3.125

per unit

MP4-player Display ≥ 3’’ ≤ 4’’
Mobile Phones

Tariff valid from January 1, 2008
(euros)Tariff valid from January 1, 2010
(euros)Tablets
Consumer tablet 2010-2011

4.55

per unit

Consumer tablet 2012-2013

6.125

per unit

Consumer tablet 2014

7.4375

per unit

Consumer tablet 2015 and following

8.75

per unit

Business tablet 2010-2011

1.82

per unit

Business tablet 2012-2013

2.45

per unit

Business tablet 2014

2.975

per unit

Business tablet 2015 and following

3.50

per unit

Revenue
Exchange rate LCU/€
Collected Amounts

1.000

1.000

1.000

1.000

2012 (e)2013 (e)2014 (e)2015 (e)Blank Media / Devices / Reservations
USB/Flash Media

7,580,000

26,454,000

30,994,000

13,292,000

CD/DVD/Audio /Video blank Media

18,135,000

7,756,000

17,761,000-18,905,000

Consumer Electronics

130,267,000

129,232,000

26,472,000

100,197,000

Mobile Phones

1,079,000

119,000

99,544,000

55,220,000

PCs + CD/DVD Writer

996,000

11,226,000

253,781,000

71,434,000

HDDS3,841,000

15,470,000

3,627,000

24,204,000

Tablets

0

11,649,000

88,0001,207,000

Reserve for bad debt/allowance-87,781,000-99,360,000-151,063,000-145,985,000

Total

74,117,000

102,546,000

281,204,000

100,665,000

The figures show revenue, not payments. On account of lawsuits, the full amounts have not been paid.

International Survey on Private Copying
Law & Practice 201683

13. GreeceContact information
Country

GreeceCurrency

Euro

Name of organization

AEPI

Web sitewww.aepi.gr

Contact Person 1

Christine Mergoupi

E-mail 1

privatecopy@aepi.gr

E-mail 2

info@aepi.gr

Address

51, Samou Str. & Fragoklissias

Postcode

15125

City

Amaroussio, Athens

Phone

0030-21110-29001

Fax

0030-210 – 6851576

Legislation and fundamental facts

International Survey on Private Copying
Law & Practice 2016

Copyright law

Article 18 of Law No. 2121/1993 on Intellectual Property and Neighboring
Rights, as amended by Laws Nos. 2435/1996, 3049/2002, and 3207/2003, is stillin forcea.

The reproduction of a “LAWFULLY PUBLISHED WORK” for private use is
the object of the exception (See Article 18(1) of the law).

b.

Definition of private use: According to Article 18(1), “Without prejudice
to the provisions laid down in the following paragraphs, it shall bepermissible for a person to make a reproduction of a lawfully publishedwork for his own private use, without the consent of the author andwithout payment. The term private use shall not include use by anenterprise, a service or an organization.”

Remuneration system

Remuneration is a levy (%) on recording media and/or equipment.

Liable for payment

Importers or manufacturers.

84

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

AEPI is an organization responsible for collection of remunerations for
authors, composers and rightholders of musical works. It only collects for
AEPI members.

Administrative cost of collecting private
copying remunerations

Standard 8% upon distribution of the collected income.

Distribution process

AEPI distributes only to its members, i.e. authors, composers and rightholdersof musical works.
It distributes directly to individual rightholders.

Rate setting
How are levies/remuneration determined?

By law

Which criteria are used for determining thelevies/remuneration?

As the rate of the levy is set by the legislators, the criteria are legislative andauthoritative.

Are there any consumers or buyers exempt
from paying the levies?

According to Article 18(1): “Without prejudice to the provisions laid downin the following paragraphs, it shall be permissible for a person to make a
reproduction of a lawfully published work for his own private use, without theconsent of the author and without payment. The term private use shall notinclude use by an enterprise, a service or an organization”.

Are there any products exempt from levies?
Are refurbished products exempt?

Levies are imposed on consumer products as per the non-restrictive list of
media/devices hereunder, with no exemption.

Are there any developments, negotiations
going on about new tariffs (e.g., cloudstorage)?

No.

Collection process
The law stipulates that payment must be made three months after importation.
It is usually done by submitting statutory statements, and payments arecontractually regulated between the organizations and the importer.

How do you monitor or intervene in themarket?

Each collecting society is entitled to request verification of the accuracyof any statutory statement by a certified accountant appointed by theIntellectual Property Organization (IPO), to ascertain the true total value ofthe equipment /media fit to reproduce musical and /or audio-visual works,
imported or produced in Greece. Where the liable party fails to submit sucha statement, the single-judge district court, sitting at an injunction hearing,orders the liable party to immediately submit the above statutory statement,
failing which the party pays a fine of 3,000 to 30,000 euros to the applicant
collecting society. Provision is made for further sanctions.

Are exports exempted?

Exports are exempted by Law (Article 18(3)).

Who is considered an importer?

According to Article 18(10) of the national law: “Where the importer isrequired to pay an equitable remuneration for the import or inter-community
procurement of sound and/or image recordings or other technical means
referred to in Article 18(3), the remuneration shall be calculated based on
the value stated in the invoice of the foreign company, and the invoice note
provided for by this article shall be established on the basis of the sales
invoice of the said recordings and technical means and shall simply state thatthe sales price includes the fee calculated on the stated value as per Article
18(3). The remuneration is payable three months after importation.”International Survey on Private Copying
Law & Practice 2016

How frequently is payment due?

85

Distribution process
Who distributes the collected remuneration
to rightholders?

All organizations collecting private copying remuneration for the various
categories of rightholders distribute remuneration to their members.

Frequency of distribution

The manner and frequency of the distribution of collected levies by otherrightholder organizations to their members is not known. AEPI distributes
every six months.

Who are the rightholders?

There are three big categories of rightholders: creators, producers andperformers.

How are the distribution schemes
determined?

By lawmakers.

Distribution key

Legislators has settled for the following distribution scheme (applicable toboth audio and video):
55% to creators (all categories of rights owners)
25% to interpreters and performers
20% to producers of audio and video works.
Distribution scheme for audio – the 55% awarded to creators is distributed
as follows: 85% for AEPI (music authors), 7% for AFTODIAXEIRISI (music
authors), 5% for OSDEL (writers/publishers), 1.5% for THESPIS (playwrights/
translators of plays), and 1.5% for ATHINA (directors/scriptwriters).
Distribution scheme for video – the 55% attributed to creators is distributed
as follows: 19.1% for AEPI (music authors), 1.5% for AFTODIAXEIRISI (music
authors), 4% for OSDEL (writers/publishers), 5.4% for THESPIS (playwrights/
translators of plays), 52.5% for ATHINA (directors/scriptwriters), 3% for
OSDEETE (fine artists) and 11.5% for FIVOS (photographers).
*(AEPI collects 85% of the 55% awarded to creators for audio and 19.1% of
the 55% awarded to creators for video).
The remaining 45% in both categories of levied products is awarded to
producers and performers according to their agreed formulae

International Survey on Private Copying
Law & Practice 2016

Social and cultural funds for collective purposes

86

Are there social and/or cultural deductions?

No

Legal developments and court cases
Court cases

In 2015, extrajudicial letters were sent to mobile phone importers, urging
them to declare imports of such products. Interim measures were taken
on declared information pertaining to imports. A court hearing was held on
December 7, 2015 and judgment was rendered in favor of CMOs in January
2016.

Are there liable parties who deny
responsibility or payment for certain media/
devices?

Legal action has been initiated against mobile phone importers who fail tosubmit statutory statements on mobile phone imports.

Applicable national rates
Blank Media
Audio Carriers

Rate
6% of the import price of all products/devices

Cassettes (MC), audio CD-R
Audio CD-RW, DATMiniDisc, DVD-Audio
Audio Devices

6% of the import price of all products/devices

Digital audio recorders – MP3 players
Hi-fi CD writer (consumer)
Hi-fi tape recorder midi
Car Hi-Fi hard disc or memory slots
Music servers (jukeboxes)
ICDs (digital voice recorders)Micro PAHi-fi MiniDisc
Mini-micro systems
Music mobile phones
Video Carriers

6% of the import price of all products/devices

Cassettes (VHS, HI8, mini DV, Video8)
DVD-R, DVD + RW, DVD + R,
DVD + RAM, mini DVD
DVC, Blu-ray discs
PC diskettes over 100mb
DDS tapes
Travan disc
CD-RW data

International Survey on Private Copying
Law & Practice 2016

CD-R data87Video Devices

6% of the import price of all products/devices

DVD writer PC (external)
CD-ROM recorder PC (external)
TV with recorder (hard disc)
DVD recorders (with or without hard disc)
Hard disc built into video recorders (video cameras)
Digital recorders (iPods, MP4 players, etc.)
VHS Recorders
Digital receiver with hard disc (PVR)
Hard drive media players
Blu-ray recorders (external)
Digital camcorders
Digital cameras with SD cards
Game consoles
Digital recorders for IPTV and VOD services
Media boxes
MiniDiscs
Compact flash memories
USB flash, memory sticks, cards
Smart media memory cards,
Portable hard disc (external) ZIP drives, USM (Sony Data
USB) and jazz drives

International Survey on Private Copying
Law & Practice 2016

Mobile phones (except music mobiles)

88

Revenue
Exchange rate LCU/2
Audio revenue

1.000

1.000

1.000

1.000

2012 (2)2013 (2)2014 (2)2015(2)53,910.00

135,489.57

132,028.17

34,601

Video revenue

191,788.60

162,175.77

204,626.28

67,413.67

Total

245,698.60

297,665.34

336,654.45

102,034.77

The audio and video categories both comprise media and devices only regarding the percentage allocated to AEPI (85% in the audio
sector out of the 55% for creators, and 19.1% in the video sector respectively). Also, the sums mentioned in each category include
past royalties collected retroactively.

14. Hungary
Contact information
Country

Hungary

Currency

Hungarian forint (HUF)

Name of organization

ARTISJUS

Web sitewww.artisjus.hu

Contact Person 1

David Kitzinger

Contact Person 2

Brigitta Puskas

E-mail 1

dkitzinger@artisjus.com

E-mail 2

bpuskas@artisjus.com

AddressMészáros u. 15-17.

Postcode

1016

City

Budapest

Phone+ 361 488 26 60

Fax+ 361 212 1542

Legislation and fundamental facts
Copyright law

Copyright Act LXXVI of 1999. The definition in Article 20 (1) and (2) of the
Copyright Act reads as follows:

Remuneration system

Remuneration is determined by the competent collective management
organization (Artisjus) in agreement with the other affected collective
management organizations representing film authors, film producers, visual
artists, performers, sound recording producers. Remuneration rates are to be
included on a rates chart that is subject to government approval.

International Survey on Private Copying
Law & Practice 2016

“Private copy remuneration for private copying of works, performances, films
and sound recordings shall be paid to the authors, performers and producersof such works broadcast by radio and television companies, disseminatedto the public through private cable television networks, and released for
distribution on audio-visual or audio carriers.”

89

Liable for payment

Manufacturers and importers of liable devices and media are liable forpayment.
There are exemptions for:
−−
−−
−−

professional users under the CA (Art. 20 (3));
export exemption under the CA (Art. 20 (3);upfront exemption for extended professional use, in accordance with the
Padawan decision, as well as reimbursement stipulations in accordancewith the Amazon decision under the relevant rate chart of Artisjus, anddetailed stipulations on the application of the statutory exceptions.

The private copy remuneration under Articles 35(1), (4), (5), (7) and (8) shallremedy the harm caused through various instances of free reproduction:
private copying by natural persons, LAMS free reproductions, reproductions
made in schools for teaching/exam purposes, and ephemeral reproduction bybroadcasting entities.
For more information, see the terms and conditions of the exemptions
provided for in the rates chart.
http://www.artisjus.hu/wp-content/uploads/2016/01/
Jogdijkozlemeny_U_2016.pdf
Resellers, wholesalers and retailers also bear a joint and several liability.

International Survey on Private Copying
Law & Practice 2016

Collecting society: Collection and distribution
The collecting society or CMO is appointed
by:Artisjus. Registration by the competent public administration agency. The
Hungarian Intellectual Property Office collects and distributes private copy
remuneration

Administrative cost of collecting private
copying remunerations

The administrative cost is 17%. No further deductions apply in distributions
by Artisjus. The other CMOs, which receive their share from Artisjus in astatutory proportion, may apply a further deduction pertaining strictly to
distribution.

Administrative cost of distributing private
copying remunerations

Administrative cost for distribution: 10% of the total. Other rightholders might
apply further deductions.

Distribution process

Distribution schemes are determined by rights owners. No further
governmental approval is required. Distribution rules are subject toadministrative supervision executed by HIPO.
Artisjus distributes directly to the individual musical and literary rightholders
it represents, but has been mandated in the CA to transfer statutory sharesto other collective management organizations of sound recording producers,
performers, film right holders and visual artists.

Rate setting
How are levies/remuneration determined?

90

Initial rates are set by rights owners’ organizations. These are approved
annually by the Ministry of Justice via the Hungarian Intellectual Property
Office, after a consultation process.
We conduct annual user surveys, focusing on media usage patterns. We also
monitor prices and technology trends.

Which criteria are used for determining thelevies/remuneration?

We are moving from a purely user-behavior approach to a harm-based
approach. This approach incorporates user patterns and market trends.
Furthermore, we applied a general fee reduction of 30% to reflect the impactof the ACI Adam decision.

Are there any consumers or buyers exempt
from paying the levies?

We offer exemption to professional users under the rates chart in accordancewith the Padawan ruling. We provide upfront exemption from paying thelevies. Persons other than the payer of the levy may claim a reimbursement
upon an assignment of the claim by the person who paid the levy.

Are there any products exempt from levies?
Are refurbished products exempt?

The rates chart indicates the relevant products, and the current list does
not include PCs, notebooks, ultrabooks, CD-DVD writers. There is no special
exemption for refurbished products. In some cases, individual agreements(discount) governed the exchange of media boxes used by subscribers andowned by package operators.

Are there any developments, negotiations
going on about new rates (e.g., cloudstorage)?

Cloud storage is not on the agenda. The 2017 rate is currently (Nov. 17, 2016)
under review by the approving authorities.

Collection process
How frequently is payment due?

The liability moment is the eighth day after importation (for importers), or after
warehousing the goods prior to distribution (for producers).

How do you monitor or intervene in themarket?

Control of liable parties:
1.

Hologram stickers on the products

2.

IMEI registration number for mobile phones

3.

Regular spot checks in shops, markets, shopping malls, etc.

Are exports exempted?

Exports are exempted by law. There is no refund scheme under the CA.
In daily practice, Artisjus accepts refund claims when authentic invoices
and delivery notes (EU exports), or statements of customs clearance, aresubmitted in conjunction with the clearance. The detailed rules are provided
in the rates chart.

Who is considered an importer?

The importer is the legal person that puts the goods into circulation on
Hungarian territory, regardless of whether the product comes from thedomestic market or from outside the EU.

Distribution process
Artisjus is responsible for the annual distribution of remunerations to themusical and literary rightholders it represents. Other collective management
entities distribute to their rightholders.

Frequency of distribution

Annually.

Who are the rightholders?

Musical and literary rightholders represented by Artisjus. Other collective
management entities distribute to their rightholders.

How are the distribution schemes
determined?

Distribution schemes are determined through an algorithm that connects
private copy remuneration to other licensed uses such as RTV broadcasting,mechanical reproduction, etc.

Distribution key

Distribution scheme for audio works:
45% – authors (ARTISJUS)
30% – performers (EJI)
25% – producers (MAHASZ)
Distribution scheme for audio-visual works:
20% – authors (ARTISJUS)
80% – rights owners, such as:
13% – film producers (FILMJUS)
22% – cinematographic creators (FILMJUS)
4% – visual artists (HUNGART)
16% – scriptwriters (FILMJUS)
20% – authors of music and literature (ARTISJUS)
25% – performers (EJI)International Survey on Private Copying
Law & Practice 2016

Who distributes the collected remunerations
to rightholders?

91Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

There is a social and/or cultural deduction.

Which body is responsible for the allocationof funds to artists, cultural productions orsocial schemes?

The deduction is based on the CA provision governing collective management
and the social cultural plan decided by the delegates’ meeting. 7% covers
cultural support that has to be transferred to the National Cultural Fund.
Artisjus provides social support (3%) via its foundation.

What was the amount allocated to the social
and/or cultural fund in 2015?

In 2015, the sum of 211,093,249 Hungarian forints was allocated to the fundfrom the amount collected for music composers and songwriters.

How can social and cultural funds be used?

The cultural funds are used in accordance with the law and the internal
rules of the National Cultural Fund to support the purposes, applications
and decisions of the executive body of the Fund. Supported authors haveto account for the financial support granted. The social fund is used within
the framework of a foundation set up by Artisjus, which has detailed rules
governing the application for and granting of financial grants and also defines
who can apply for a social grant. All data on the use of the social and cultural
funds are public. 40 % of the Social Fund is used to support the Artisjus
Pension Fund. The remaining 60% is open for applications.

International Survey on Private Copying
Law & Practice 2016

Legal developments and court cases

92

Legal developments

At present we are not aware of any planned copyright reform.

Are there liable parties who deny
responsibility or payment for certain media/
devices?

Some mobile phone importers/manufacturers refuse to pay. We do have a
final decision of the Supreme Court against one of the biggest importers,
which holds that mobile phones are liable for the payment of remuneration,and the relevant rates charts cannot be qualified as unfair contractual terms.

Court cases

Artisjus won the case against Nokia before the Supreme Court, which
dismissed all the arguments put forward by the defendant. In accordancewith the final verdict, the parties entered into a settlement under which thedefendant had to make the necessary payments. The essence of the decision
was that mobile phones are subject to the payment of remuneration, and thatthe applicable rates chart, which considered the built-in memories of mobile
phones as MP3 players, was valid (defense of unfairness was also rejected).

Implementation problems

No practical difficulties

Applicable national rates
Blank Media

Rate (in HUF)

Capacity

Tariff valid January 1, 2013
Audio cassette25

Per unit

Video cassette60

Per unit

CD-R, CD-RW

16< 300MBDATA CD-R/RW

44< 700MBDATA CD-R/RW

64> 700MB

Audio CD64

Per unit

MiniDisc64

Per unit

DVD-R/+R/RW

16< 4.7 GB

DVD-R/+R/RW

75

4.7 GBDVD RAM75

4.7 GBDVD double layer180< 9.4 GB

Other high capacity optical discs (e.g. Blu-ray disc)78< 4.7 GB187

4.7 GB – 9.4 GB

312

9.4 GB – 15 GB

416

15 GB – 25 GB

520

25 GB – 50 GB

727

50 GB – 100 GB

831

100 GB – 200 GB

883> 200 GB

Optical Storage MediaFlash Media

Devices
Hardware, PC, HDD
External HDD

MP3-player

92< 1 GB183

1 GB – 2 GB

366

2 GB – 4 GB

548

4 GB – 8 GB

1097

8 GB – 16 GB

2195

16 GB – 32 GB

2286> 32 GB

Tariff valid fromJanuary 1, 2015

Capacity1147< 250 GBInternational Survey on Private Copying
Law & Practice 2016

USB stick, pen drive, external SSD

Rate valid fromJanuary 1, 2015

1625

250 GB – 500 GB

93

2103

500 GB – 1 TB

2581

1 TB – 2 TB

4302

> 2 TB--< 32MB--

32MB – 64MB

416

64MB – 128MB

623

128MB – 256MB

1039

256MB – 512MB

1559

512MB – 1 GB

Memory card

1870

1 GB – 2 GB

3117

2 GB – 4 GB

4156

4 GB – 8 GB

6234

8 GB – 16 GB

7273

16 GB – 40 GB

8312

40 GB – 80 GB

9351> 80 GB--< 64MB--

64MB – 128MB--

128MB – 256MB--

256MB – 512MB

140

512MB – 1 GB

281

1 GB – 2 GB

468

2 GB – 4 GB

748

4 GB – 8 GB

1496

8 GB – 16 GB

2993

16 GB – 32 GB

3180> 32 GB

Consumer Electronics
Storage capacity integrated into electronic devices for storing audio and/or audio-visual content*
2660< 80 GB3325

80 GB – 160 GB

4654

160 GB – 250 GB

5985> 250 GB

Mobile Phones

International Survey on Private Copying
Law & Practice 2016

(and tablets from 2014)

94--

64MB – 128MB

319

128MB – 256MB

532

256MB – 512MB

798

512MB – 1 GB

958

1 GB – 2 GB

1596

2 GB – 4 GB

2128

4 GB – 8 GB

3192

8 GB – 16 GB

3724

16 GB – 40 GB

4256

40 GB – 80 GB

4788> 80 GB

Additional Comments:*e.g. video recorders with integrated memory, DVD recorders/burners with integrated memory, televisions with integrated memory,
set-top boxes and satellite receivers with integrated memory.

Revenue
Exchange rate LCU/€Media/Devices

289.228297.009308.600

309.798

2012 (HUF)

2013 (HUF)

2014 (HUF)

2015 (HUF)

Blank Media
Audio cassette

6,650,256.71

735,497.74

9,495.62

1,392,251.50

Video cassette

13,546,786.99

2,487,535.97

600,659.04

2,246,280.41

Data CD-R/RW

172,281,694.79

146,073,025.69

128,524,666.42

122,492,896.46

Audio CD

920,217.06

583,191.02

407,679.12

420,800.10

MiniDisc

83,492.02

0.00

22,398.19

3,199.28

DVD+/-/R/RW, DVD RAM

313,179,869.47

209,037,452.73

175,204,906.55

125,713,616.57

Other high capacity optical discs(e.g., Blu-ray)

3,223,164.66

4,312,807.96

3,196,364.62

2,494,574.32

Optical storage media

Flash Media
USB stick, pen drive, external SSD

589,617,391.43

648,925,381.46

801,960,258.08

882,529,774.29

Devices
Hardware, PC, HDD

2012 (HUF)

2013 (HUF)

2014 (HUF)

2015 (HUF)

External HDD

169,641,172.39

311,067,290.24

388,790,284.00

338,428,301.45

MP3 player

96,901,901.17

527,501,809.70

639,077,459.45

75,564,909.04

Memory card

615,352,562.00

1,336,175,433.43

984,633,006.88

854,202,392.70

344,231,659.61

177,080,265.10

Consumer Electronics
Storage capacity built into
electronic devices for storingaudio and/or audio-visual content

472,097,680.54

129,382,925.94

Mobile Phones

1,182,191,257.22

2,466,183,118.80

Tablets
Total

3,635,687,455.15

5,782,465,470.68

4,036,194,286.86

3,335,139,300.48

1,122,520,529.41

915,027,836.15

8,625,373,653.82

6,832,736,397.86
International Survey on Private Copying
Law & Practice 201695

15. Italy
Contact information
Country

Italy

Currency

Euro

Name of organization

S.I.A.E. – Società Italiana degli Autori ed Editori

Web site

http://www.siae.it

Contact Person 1

Daniela Amodeo

Contact Person 2

Ida Di Lizia

E-mail 1

daniela.amodeo@siae.it

E-mail 2

Ida.dilizia@siae.it

Address

Viale della Letteratura, 30

Postcode

00144

City

Roma

Phone

+39 06 59903577/2686

Legislation and fundamental facts

International Survey on Private Copying
Law & Practice 2016

Copyright law

Copyright Law (L. 633/41, Art. 71-septies); Legislative Decree No. 68 of April 9,2003 (effective April 29, 2003); Decree of the Minister of Culture and National
Heritage of June 20, 2014 (effective July 7, 2014).
The exception applies only when the source is legal: Italian Copyright Law
allows private copying of protected works if the sources of those works arelegal.
Italian Copyright Law (Art.71-sexies) allows reproductions made by a natural
person for private use, for non-profit-making use and for purposes that areneither directly nor indirectly commercial.

Remuneration system

Remuneration is levied on media and devices that enable recording of audio
and video.

Liable for payment

Manufacturers and importers have to pay the private copy levy on their sales.
The liability moment is when the goods are put on the market.

96

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

S.I.A.E. – Società Italiana degli Autori ed Editori, Italian Copyright Law(L. 633/41 – art. 71-septies)

Administrative costs for collecting private
copying remunerations

According to Italian law, SIAE must distribute the amount collected minus thecosts incurred. In 2015, SIAE kept a percentage of 3.3%.

Administrative costs for distribution ofprivate copying remunerations

This percentage of 3.3% covers both administrative collecting and distribution
costs. The organizations of rightholders apply their own percentages.

Distribution process

SIAE distributes both directly to individual rightholders (authors) and throughorganizations of rightholders.

Rate setting
How are levies/remuneration determined?

The remuneration for private copying is determined in accordance with
Article 71(2) of the Italian Copyright Law, set by decree of the Minister ofCulture and the National Heritage (subject to a three-yearly update) andissued on the advice of the Permanent Consultative Committee for Authors'
Right (Article 190 of the Copyright Law). The last decree, which set the current
rates, was issued in 2014.

Which criteria are used for determining thelevies/remuneration?

Among the elements considered in the approval procedure of the decree,there was a poll on consumer behavior in private copying and market
research on sales of the liable products. Furthermore, other criteria are taken
into account; e.g., the difference between licensed and unlicensed copies, thesource of the copy and the harm caused by copying.

Are there any consumers or buyers exempt
from paying the levies?

For professional use, there is both a refund system and upfront exemptions.

Are there any products exempt from levies?

Products sold directly to government services; video game console (until
March 2017); memory cards with a capacity of 0 - 32 MB; USB stick with acapacity of 0 - 256 MB; memory included in car black box.

Are refurbished products exempt?

Importers who sell refurbished products in Italy for the first time have to pay
the levy. However, the levy is not due if it had already been paid when the
refurbished product was sold as a “brand new item” in Italy.
Are there any developments, negotiations on In 2017, a new decree will be issued to set rates. A Standing Advisory
new rates (e.g. cloud storage)?
Committee on copyrights is working on it.

Collection process
Manufacturers and importers must report their sales and pay levies quarterly.

How do you monitor or intervene in themarket?

SIAE made an agreement with the Internal Revenue Service (Agenzia delle
Entrate) regarding import data. By law, SIAE has to conduct inspections.

Are exports exempted?

Manufacturers or importers that sell directly abroad are exempted. Exporters
who paid private copy levies in Italy can claim a refund.

Who is considered an importer?

The importer is the person who buys foreign products that are subject tolevies and sells them in Italy, or a foreign company that sells products directly
to final users (e.g. via e-commerce).

Distribution process
Who distributes the collected remuneration
to rightholders?

According to Italian Copyright Law (art. 71-octies L. 633/41), SIAE distributes
the remunerations to audio and video authors, audio and video producers andaudio and video performers directly and through organizations of rightholders.

Frequency of distribution

SIAE distributes the collected remuneration semi-annually and directly toauthors. Every organization of rightholders (producers and performers) has its
own terms.

Which rightholders?

Audio and video authors, audio and video producers and audio and video
performers.

How are the distribution schemes
determined?

Distribution schemes are set and determined by law (Art. 71-octies L. 633/41).

Distribution keys

Distribution scheme for audio:
50% authors;
50% producers and performers (half to be paid to performers)
Distribution scheme for video:
30% to the authors
70% in three equal parts to the original producers of audio-visual works,
producers of videograms, and performing artists, respectively.

International Survey on Private Copying
Law & Practice 2016

How frequently is payment due?

97

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

Art. 71-octies of the Copyright Law (L.633/41) states:−−−−

Which body is responsible for the allocationof funds to artists, cultural productions orsocial schemes?

−−−−

10% of the collected remuneration is intended for cultural promotion
activities (new paragraph 3, introduced in December 2015).
50% of the video remuneration assigned to performing artists is intended
for study and research activities, promotion, training and professional
support for artists and performers.
Minister of Culture and National Heritage is responsible for the distributionof the cultural deductions (10%);
The association of artists and performers is responsible for the allocationof funds to artists and performers

Legal developments and court cases
Legal developments

A decree of the Minister of Culture and National Heritage that set the rates
has been in force since June 20, 2014.

Court cases

In September 2016, the Court of Justice of the European Union rendered its
judgment on the applications filed by Italy’s Second Instance Administrative
Court (Consiglio di Stato) as regards professional uses and the refund system.

Applicable national rate
Blank Media

Rate valid from
July 7th, 2014(€)

Capacity

Audio cassette

0.23

1 hourAudio CD-R/RW

0.22

1 hourMiniDisc

0.22

1 hourVideo cassette

0.10

1 hour

D-VHS

0.22

1 hourInternational Survey on Private Copying
Law & Practice 2016

Optical Storage Media
Data CD-R/RW

0.10

700 MB

DVD+R/RW

0.20

4.7 GB

DVD-R/RW

0.20

4.7 GBDVD Ram/DL

0.20

4.7 GB

Blue-Ray/RW

0.20

25 GB

Flash Media
Memory card98
USB stick

0.00

0-32 MB

0.09/GB>32 MB to <5 GB

0.09/GB

5 GB and more

0.00

0-256 MB

0.10/GB>256 MB to <4 GB

0.10/GB

4 GB and more

Devices
Hardware, PC, HDD
External HDD
Memory or hard disc built into a multimedia (audio/video)
Walkman or other multimedia devices

Memory or hard disc built into MP3 music player or other Hi-Fi
devicesMultimedia external hard disc with Audio/Video OUT ports forthe playback of audio/video content on a TV set or Hi-Fi device

Capacity

0.01/GB

1 GB and more

3.22

to 1 GB

3.86> 1 GB to 5 GB

4.51

> 5 GB to 10 GB

5.15> 10 GB to 20 GB

6.44> 20 GB to 40 GB

9.66> 40 GB to 80 GB

12.88> 80 GB to 120 GB

16.10> 120 GB to 160 GB

22.54> 160 GB to 250 GB

28.98> 250 GB to < 400 GB

32.20

400 GB and more

0.64

up to 128MB

2.21> 128MB to 512MB

3.22> 512MB to 1 GB

5.15

> 1 GB to 5 GB

6.44

> 5 GB to 10 GB

7.73> 10 GB to 15 GB

9.66> 15 GB to < 20 GB

12.88

20 GB and more

4.51

up to 80 GB

6.44> 80 GB to 120 GB

7.73> 120 GB to 160 GB

10.42> 160 GB to 250 GB

12.88> 250 GB to 400 GB

14.81> 400 GB to < 700 GB

14.81 will increase by e1.84
every 200 GB

700 GB and more

Multimedia external hard disc with Audio/Video IN & OUT ports
for recording and playback of audio/video content on a TV set or
Hi-Fi device

Canceled

Memory or hard disc built into a video recorder, decoder or TV
set

6.44

up to 40 GB

9.66> 40 GB to 80 GB

12.88> 80 GB to 120 GB

16.10> 120 GB to 160 GB

22.54> 160 GB to 250 GB

28.98> 250 GB to 400 GB

32.20> 400 GB and moreInternational Survey on Private Copying
Law & Practice 2016

Rate valid from July 7, 2014(€)

99

Memory or hard disc built into other devices not included inprevious categories, for recording and playback of audio orvideo content

0.64

up to 256MB

0.97> 256MB to 384MB

1.29> 384MB to 512MB

1.61> 512MB to 1 GB

1.93

> 1 GB to 5 GB

2.25

> 5 GB to 10 GB

2.58> 10 GB to 20 GB

3.22> 20 GB to 40 GB

4.83> 40 GB to 80 GB

6.44> 80 GB to 120 GB

8.05> 120 GB to 160 GB

11.27> 160 GB to 250 GB

14.49> 250 GB to 400 GB

16.10> 400 GB and more

Computer with built-in burner

5.20

per unit

Computer without built-in burner

5.20

per unit

Recording devices with no built-in memory or hard disc

5% of price

Mobile Phones
Memory or hard disc built into devices primarily used forcommunication (mobile phone)

0.50

per unit

Memory or hard disc built into smartphone and tablet

3.00

up to 8 GB

4.00

> 8 GB to 16 GB

4.80> 16 GB to 32 GB

5.20> 32 GB and more

4.00

per piece

International Survey on Private Copying
Law & Practice 2016

TV set with no internal HDD and with recording function

100*Memory card: maximum levy applicable for each unit is 5 euros.
*USB Stick: maximum levy applicable for each unit is 9 euros.
*External HDD: maximum levy applicable for each unit is 20 euros.

Revenue
Exchange rate LCU/2
Blank media

1.000

1.000

1.000

1.000

2012 (2)2013 (2)2014 (2)2015 (2)Media/Devices
Audio cassette

98,62873,616

51,34852,193

Video cassette

65,24549,72834,212

312,487

CD-R

3,039,825

2,331,500

1,496,601

1,128,266

DVD-R

4,454,814

3,327,293

2,282,487

1,236,704

Blu-ray

34,535

24,612

19,121

10,443

Optical Storage MediaFlash Media
Memory card

2,806,217

2,229,195

4,469,291

7,872,322

USB stick

6,010,678

5,925,234

6,397,571

8,263,005

Devices
External HDD

7,766,264

7,517,916

6,501,732

5,024,548

Computer + tablet

9,259,014

12,834,119

15,682,040

26,179,738

DVD writer and recorder

368,076375,787457,777

327,074

CD writer and recorder

15,003

8,233

16,9789,301

MP3-player

3,540,019

2,511,780

1,447,736

1,166,868

Other audio recording equipment

592,170

409,416

210,529.19

126,847

Other video recording equipment

15,638,909

14,716,563

11,032,932

8,435,149

Mobile phones + smartphones

18,48,990

14,751,707

27,886,151

69,485,340

TOTAL

71,738,387

67,086,699

77,986,505

129,630,285

Mobile phones

Other video recording equipment includes memory/hard disks built into decoders/TV sets, media centers, MP4 players and TV sets withrecording function.

International Survey on Private Copying
Law & Practice 2016101

16. Japan
Contact information
CountryJapan

Currency

Yen

Name of organization

Society for the Administration of Remuneration for Audio Home recording(SARAH)International Survey on Private Copying
Law & Practice 2016

SARVH disbanded by March 31, 2015 due to the termination of video
compensation collection following the loss of a court case (see Q8).

102

Web sitewww.sarah.or.jp (SARAH)

Contact Person

Norio Kobayashi (SARAH)

E-mailsarah-koby@zc.wakwak.com (SARAH)

Address

3F, Kazumigaski 3-chome Bldg., 3-6-5, Kasumigaseki, Chiyoda-ku,

Postcode

100-0013

City

Tokyo, JapanPhone+81-3-6205-4701(SARAH)

Fax+81-3-6205-4702(SARAH)

Legislation and fundamental facts
Copyright law“Article 30. (1) It shall be permissible for a user to reproduce by himself a work forming the subject
matter of copyright (hereinafter in this Subsection referred to as a “work”) for the purpose of his
personal use, family use or other similar uses within a limited circle (hereinafter referred to as“private use”), except in the case:(i) where such reproduction is made by means of automatic reproducing machines (“automatic
reproducing machine” means a machine having reproducing functions and in which all or the mainparts of reproducing devices are automatic) sold for public use;(ii) where such reproduction is made by a person who is aware that the copying was carried out
through circumvention of technological protection measures or that such circumvention eliminates
obstruction of the outcomes of acts deterred by such measures (“circumvention” means facilitating
the committal of acts prevented by technological protection measures or preventing obstruction of
the outcomes of acts deterred by such measures, either through removal or alteration of signals as
mentioned in Article 2(1)(xx) (“removal” or “alteration” does not include such removal or alteration
as is conditional upon technology involved in the conversion of recording or transmission systems) orby reversion of such works, performances, phonograms, or sounds or images of broadcasts or wire
diffusions as converted in accordance with a specific conversion required mentioned in that item(“reversion” does not include any reversion deliberately made by the copyright holder, etc.); the same
shall apply in Article 120bis (i) and (ii));(iii) where a digital audio or video recording is made by a person who is aware that such recording
is made upon reception of an interactive transmission which infringes copyright (including aninteractive transmission made outside this country and which would constitute an infringement of
copyright if made in this country);(2) Any person who makes audio or video recordings for private purposes on the type of digitalrecording media specified in the Cabinet Order and using the digital recording devices specified
in the same Order (excluding devices with special efficiency generally not intended for private use
but for professional use (as in broadcasting), and devices with audio or video recording features
incidental to their primary function (such as telephones with sound recording function) shall pay areasonable amount of compensation to the copyright owners concerned.”
No levies or state funding. Organizations appointed by the government (sarah/SARVH) collectcompensation charged at the point of sale on digital recording media and devices, in cooperation
with manufacturers/importers.

Liable for payment

Users/purchasers are liable for the payment of compensation, while manufacturers and importers arerequested to cooperate in the collection of compensation at the point of sale.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

Audio: SARAH (Society for the Administration of Remuneration for Audio
Home recording).
SARVH disbanded by March 31, 2015 due to termination of video
compensation collection, following the loss of a court case (see Q8).
SARAH is appointed by the government (by the commissioner of the Agency
for Cultural affairs) and has no government funding.

Administrative costs for collecting private
copying remunerations

20%. Sarah and SARVH are unable to split admin costs into collection costs
and distribution costs.

Distribution process

Distribution is done by the collecting societies themselves. SARAH distributes
compensation to three rightholder organizations and the three organizations,in turn, re-distribute the money received to each individual or corporate
member entitled to compensation. SARVH used to follow the same process.

International Survey on Private Copying
Law & Practice 2016

Remuneration
system103

Rate setting
How are levies/remuneration determined?

Rates are determined based on past negotiations at the initial stage between
organizations representing manufacturers. Basically, there is no regular cycle
for reviewing rates. Sometimes the criteria for determining the market pricesof recording media are changed during the review process.

Which criteria are used for determining thelevies/remuneration?

Market circumstances are factored into market prices. No consideration
is given to damages, harm or copying behavior because the rates are notreviewed on a regular basis.

Are there any consumers or buyers exempt
from paying the levies?

“Professional use” means recording sessions at recording studios (devices
are different from CE products). No exemption for the government or
handicapped persons.

Are there any products exempt from levies?

The following are exempt from levies:
−−
−−
−−

analog cassette tape recorders and tapes;
devices used for recording sessions at recording studios; andpersonal computers, telephones and smartphones.

Types of devices that are subject to payment of levies are determined bycabinet order. General-purpose devices, such as personal computers or
smartphones, are exempted.
Types of recording media that are subject to the payment of levies are also
determined by Cabinet Order. Only media labelled as “for audio” or “forvideo” are mentioned in the Cabinet Order..
Are there any developments, negotiations on Discussions on reform of the current compensation system have been going
new rates (e.g., for cloud storage)?
on within the Culture Council Subcommittee, led by the Agency for Culturalaffairs. No conclusions have been reached.

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Collection process

104

How frequently is payment due?

Every half-year.

How do you monitor or intervene in themarket?

Basically SARAH and SARVH rely on the good faith of manufacturers.
Sometimes they communicate with manufacturers to request valid reasons if
there is a remarkable change in the reporting.

Are exports exempted?

Exports are legally exempted. Manufacturers are not liable for the paymentof levies since users (i.e., primarily liable persons) are not Japanese.
Consequently, they do not report exported products. There are no upfront
payments or refunds.

Who is considered an importer?

There is no definition provided in the Copyright Law. Normally an entity(corporation) which imports recording media or devices subject to levy is
considered to be an “importer”. Although, the law does not exempt private
imports, it is practically difficult to collect levies from individuals.

Distribution process
Who distributes the collected remunerations
to rightholders?

SARAH distributes compensation to three rightholder organizations which,in turn, re-distribute the received funds to each individual or corporate body
entitled to compensation. SARVH used to follow the same process.

Frequency of distribution

Every half-year.

Which rightholders?

Audio: authors of musical works, writers, performers, producers ofphonogram.
Video: producers of cinematographic works, broadcasters, writers, authors ofmusical work, performers, producers of phonogram.

How are the distribution schemes
determined?

By negotiation in the past. Not reviewed on a regular basis.

Distribution keys

Distribution scheme for audio:
36% – copyright holders of musical works and literary works, JapaneseSociety for Rights of Authors, Composers and Publishers; including theallocation for Writers Guild of Japan, Japan Writers’ Association and Japan
Writers’ Guild (1.5% in total)
32%	Performers, Japan Council of Performers’ Rights and Performing
Arts Organizations.
32%	Producers of Phonograms, Recording Industry Association ofJapan.

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

20% of the compensation received. This rate is set by a Cabinet Order basedon the copyright law.

Which body is responsible for the allocationof funds to artists, cultural productions orsocial schemes?

It has been decided that an amount corresponding to 20% of thecompensation is allocated for such activities as contributing to the protectionof copyright and neighboring rights, and promotion of the creation anddissemination of works. This system is based on the idea that allocating 20%
to such activities is beneficial for all rightholders, including unidentifiable
rightholders, and it would serve as indirect distribution.

What is the amount dedicated to the social
and/or cultural fund in 2015?

2015: 15,646,812 Japanese yen (116,169 euros), or 20% of collection

How can social and cultural funds be used?

SARAH/SARVH conducts the following activities with the fund describedabove (common interests fund).
1.

education about the copyright system or awareness-raising on copyright
law;

2.

promotion and dissemination of works;

3.

international cooperation on copyright systems and copyright protection;
and4.

study on technical protection measures related to digital audio/video
recordings.
International Survey on Private Copying
Law & Practice 2016105

Legal developments and court cases
Legal developments

As regards audio, the devices/media specified in the Cabinet Order do notinclude the products actually being used for private recording. Consequently,
the compensation revenue is declining dramatically.

Are there liable parties who deny
responsibility or payment for certain media/
devices?

Several manufacturers of audio recording media had been refusing to provide
SARAH with levy calculation statements. However, all of them eventuallyreached an agreement with SARAH.

Court cases

Video:
Japan decided to complete the transition from analog to digital broadcastingin July 2011. The Japanese manufacturer Toshiba denied cooperation liability
in 2009 for its recording devices used for digital broadcasting, insisting thatsuch devices were not covered by the provisions specified by Cabinet Order.
Other manufacturers which manufacture the same kind of devices followed
Toshiba’s example.
The designated association for visual private recording (SARVH) negotiatedwith Toshiba but could not reach an agreement. Therefore, SARVH sued
Toshiba, demanding cooperation or compensation. The transition from analog
to digital was completed in July 2011, but the lawsuit had not been settled by
then.
After the transition, all manufacturers of recording devices and media
denied cooperation or payment. As a consequence, SARVH has received nocompensation from manufacturers since July 2011, and the distribution torights holders has stopped.
SARVH lost the case in the first and second instances and the Supreme Court
dismissed SARVH’s appeal and petition for the acceptance of final appeal.
It was recognized as a matter of legislation; however, there has been noconsensus to date on reform of the compensation system.

Applicable national tariffs

International Survey on Private Copying
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Blank Media

106

Rate (as from December 18, 2000)

Capacity

Audio
MD

3% of wholesale price

Per unit

CR-R/RW

3% of wholesale price

Per unit

DAT

3% of wholesale price

Per unit

Digital compact cassette

3% of wholesale price

Per unit

Audio Devices

Rate (as from December 18, 2000)

Capacity

MD recorder

2% of wholesale price

Per unit

CD recorder

2% of wholesale price

Per unit

Digital compact cassette recorder

2% of wholesale price

Per unit

DAT recorder

2% of wholesale price

Per unit

Audio:The devices/media subject to compensation are specified by Cabinet Order, but they do not reflect the products actually being used for
private recording. Consequently, compensation revenue is declining dramatically.
Video:
The compensation system for private recordings has practically ended with the disbanding of SARVH following the loss of a lawsuit.

Revenue
Exchange rate LCU/2
Blank Media

102.52129.582

140.561134.246

2012 (JPY)2013 (JPY)2014 (JPY)2014 (JPY)

Audio
MD

51,461,203

35,707,004

1,048,907

15,142,648

CR-R/RW

104,917,749

103,629,679

20,418,632

75,911,270

DAT

259

176,829-

269,856

Digital compact cassette

–

–

–

156,379,211

139,513,512

21,467,539

91,323,774

Total “Audio media”

Video
Digital Video cassette
Digital VHS

8,483
3,931

DVD-RAM/R/RW

82,634,826

Blu-ray Disc63,951,756

Total “Video media”

146,598,996
Audio

MD

166,912,127

47,922,333

6,331,240

12,131

Audio CD-R/RW

11,851

6,158,937

7,848,889

6,456,644

DAT-3,104

0

0

0

DCC

0

0

0

0

166,920,874

54,081,270

14,180,129

6,468,775

193,594,782

35,647,668

97,792,549

193,594,782

35,647,668

97,792,549

Total “Audio devices”

Video
Digital video cassette recorder00

DVD recorder

12,284,688

Blu-ray disc recorder

414,006,900

Total “Video devices”

426,291,588

Total “Audio”

323,300,085

Total “Video”

572,890,584

Total Revenue

896,190,669

International Survey on Private Copying
Law & Practice 2016

D-VHS recorder107

17. Latvia
Contact information
Country

LatviaCurrency

Euro

Name of organization

AKKA/LAA

Web sitewww.akka-laa.lv

Contact Person 1

Anita Sosnovska

Contact Person 2

Ivars Maculis

E-mail 1

anita.sosnovska@akka-laa.lv

E-mail 2

ivars.maculis@akka-laa.lv

Address

A.Caka Street 97

Postcode

LV- 1011

City

Riga

Phone

+371 67506131

Fax+371 67315620

International Survey on Private Copying
Law & Practice 2016

Legislation and fundamental facts

108

Copyright law

Copyright Law, Cabinet Regulation No.321.

Remuneration system

Remuneration levied on media and equipment; importers and manufacturers
are liable for payment.

Liable for payment

Importers/manufacturers.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

AKKA/LAA, appointed by rightholders, by approval of the Ministry of Culture.
The collecting society is responsible for distribution to rightholders throughorganizations of rightholders.

Administrative costs for collecting private
copying remunerations

Deducted from copying remunerations, after prior approval by rightholder
organizations

Administrative costs for distribution ofprivate copying remunerations

Deducted from the distributable amount

Distribution process

AKKA/LAA collects for all rightholders (copyright and neighboring rights) anddistributes to copyright owners based on the distribution rules approved by
the AKKA/LAA authors‘ council

Rate setting
How are levies/remuneration determined?

Levies are determined by Copyright Law, Cabinet Regulation No. 321, throughnegotiations between all interested parties under the guidance of the Ministryof Culture.

Which criteria are used for determining thelevies/remuneration?

No criteria are used

Are there any consumers or buyers exempt
from paying the levies?

Professional users are entitled to a refund.

Are there any products exempt from levies?
Are refurbished products exempt?

Hard discs, memory cards and mobile phones with mp3 functionality andall analog devices and media are not levied. However, they are levied whenimported but the levies are refunded if the products are sold to professional
users.

Are there any developments, negotiations on Currently no new negotiations.
new rates (e.g., on cloud storage)?

Collection process
How frequently is payment due?

Payment is due monthly.

How do you monitor or intervene in themarket?

AKKA/LAA carries out regular inspections of business places andstorehouses. Sometimes AKKA/LAA cooperates with police authorities.

Are exports exempted?

Exports are exempted and exporters receive a refund.

Who is considered an importer?

All companies that import levied goods into Latvian territory.

Distribution process
AKKA/LAA distributes the collected remuneration yearly to its rightholders(authors) and also distributes the fees to neighboring rights societies which,in turn, distribute to their represented rightholders (performers, phonogram
producers and film producers).

Frequency of distribution

Annually

Which are the rightholders?

Authors, performers, phonogram producers and film producers.

How are the distribution schemes
determined?

Distribution schemes for different rightholders (authors, performers,
phonogram producers and film producers) are determined and approved by
the Ministry of Culture after consultation with the working group of rights
owners and importers.

Distribution keys

Authors – 38.66%
Performers – 30.67%
Phonogram producers – 24%
Film producers – 6.67%

International Survey on Private Copying
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Who distributes the collected remuneration
to rightholders?

109

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

For music authors, according to the reciprocal representation agreements,
10% deductions for the Cultural and Educational Fund are possible.

Which body is responsible for allocationof funds to artists, cultural productions orsocial schemes?

The Authors’ Council is responsible for allocation.

What is the amount dedicated to the social
and/or cultural fund in 2013

Not deducted

How can social and cultural funds be used?

For educational and cultural purposes only.

Legal developments and court cases
Legal developments

Each year consultations in a working group about including new devices into
the levy scheme.

Implementation problems

Strong opposition from importers.

Applicable National rates
Blank Media

Rate valid from November 1, 2013

Capacity

Optical Storage Media
CD

6%*

DVD

6%*
Flash MediaUSB flash drive4%*
Devices

Tariff

All types of PCs

Capacity

2.85%*Percentage from sale prices.

Revenue
Exchange rate LCU/2

1.000

1.000

1.000

1.000

2012 (2 )2013 (2 )2014 (2 )2015 (2 )Audio cassettes

209.620

0

Video cassettes

299.9100Blank MediaInternational Survey on Private Copying
Law & Practice 2016

Optical Storage Media

110

MiniDiscs

10.54

0

0

CD-R/RW

31,231.00

7,119.74

11,624.42

5976.79

DVD-R/RW

57,496.76

9,000.49

10,386.64

5030.58

USB flash drive

2,445.16

28,418.35

31,903.03

27,459.13

222,942.00

383,952.00

290,839.65

267,480.58

437,866.09

329,306.15

Devices
All types of PCs

70,235.80

Digital jukebox, MP3 players

13,160.14

DVD hard disc recorder359.99CD writer internal/external

1,580.81

DVD writer internal/external

30,958.84

Total

124,592.63

18. Lithuania
Contact information
Country

Lithuania

Currency

Euro

Name of organization

Lithuanian Neighboring Rights Association (AGATA)

Web sitewww.agata.lt

Contact Person 1

Managing Director Agnė Masalskytė

Contact Person 2

Senior Specialist of Music License Department Linas Ežerinis

E-mail 1

agne@agata.lt

E-mail 2

linas@agata.lt

AddressS. Žukausko str. 39

Postcode

LT-09130

City

VilniusPhone+370 5 277 88 99

Fax+370 5 263 94 66

Legislation and fundamental facts
Copyright law

http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=471807
Scope: a natural person, without the authorization of the author or any othercopyright owner, reproduce, exclusively for his individual use and for noncommercial purposes, a copy of work lawfully published or communicated tothe public in any mode.
Remuneration system

Remuneration for private copying and levied blank media and devices is set
by the Law on Copyright and Related Rights (hereinafter – Law).

Liable for payment

The first seller of imported or manufactured media and devices on Lithuanian
territory is liable for payment.

International Survey on Private Copying
Law & Practice 2016

Article 20 of the Lithuanian Law on Copyright and Related Rights.
Governmental Resolution No. 699 of 13/06/2012, which regulates thecollection, distribution, payment and refund system for private copying
remuneration.

111

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

Lithuanian Neighboring Rights Association (AGATA) appointed by the Ministerof Culture in accordance with the Law.

Administrative costs for collecting private
copying remuneration

Costs incurred by collection of remunerations were 56,842 euros. This sum
also includes the distribution costs of private copying remuneration toother collective rights management associations, which represent ownersof copyright and owners of related rights. Furthermore, the organs of eachcollective right management association, which make the further distribution
to their represented rights holders, set a percentage of administrative costs
annually.

Administrative costs for distribution ofprivate copying remuneration

The same sum of 56,842 euros applies to the collection of remuneration andthe main distribution between collective rights management associations.
Furthermore, the organs of each collective right management association,
which make the further distribution to their represented rightholders, set
aside a percentage for administrative costs annually.

Distribution process

Distribution process AGATA is responsible for the distribution of remuneration
to collective rights management associations, which represent owners of
copyright and related rights.
Remuneration is distributed through the collective rights management
associations.
The main distribution of collected remuneration is prepared by AGATA, payingout remuneration to authors and holders of related rights.
Remuneration is determined by two authors’ associations (LATGA-A and
NATA (for music authors) and AGATA (for performers and producers ofphonograms)). These associations, in turn, distribute to their represented
rightholders. Distribution to producers of audio-visual works is carried out by
AVAKA

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Rate setting

112

How are levies/remuneration determined?

Levies are determined by law.

Which criteria are used for determining thelevies/remuneration?

The criteria used are the copying behavior of consumers, the harm caused bycopying and the source of the copy.

Are there any consumers or buyers exempt
from paying the levies?

If the levied media or devices are used for professional purposes, theremuneration may be refunded. Those entitled to that privilege are exporters,
professional users and the disabled.

Are there any products exempt from levies?
Are refurbished products exempt?

Media for professional uses are not included:Internal and external non-built in solid state disc (SSD) and hard disc drives(HDD), which are bigger than 2.5-inch SATA drives;
Hard disc drives (HDD), bigger than 2.5-inch SATA drives and with SCSI, iSCSI,SAS, FC, SATA, FATA interfaces, usually used for servers, data arrays andsimilar professional engineering purposes; andSolid state disc (SSD) and hard disc drives (HDD), which are built into the PC
at the time of sale.
There are nor exemptions for refurbished products.
From January 1, 2016
Hard disc drives (HDD)with SCSI, iSCSI, SAS, FC, SATA and FATA interfaces,
usually used for servers, data arrays and similar professional engineering
purposes;
Solid state disc (SSD) and hard disc drives (HDD), which are built into the PC
at the time of sale.
There are nor exemptions for refurbished products.

Are there any developments, negotiations on Yes, new rates came into force on January 1, 2016; however, they do not apply
new rates (e.g., for cloud storage)?
to cloud storage.

Collection process
How frequently is payment due?

Legal liability moment: When the first sale takes place on Lithuanian territory.
Payment period: Once a quarter or once a month.

How do you monitor or intervene in themarket?

Monitoring of the market and direct contact with companies or individuals.
If they are liable for the payment of remuneration, they make contract withthe competent association (AGATA) and pay this levy in accordance with
the Resolution of the Government. If the liable party is not compliant, thecompetent association contacts them by telephone or e-mail to inform themof their duties and legal liability. If this is not effective, AGATA files a formal
claim. The liable party is then reported to a law firm representing AGATA,
which also files a claim. The final step is a court procedure in which the civil
claim is lodged (this has not yet been put into practice).
Furthermore, according to the Resolution of the Government, the competentassociation has a right to verify the accuracy of the reports on levied media
and devices sold in the Republic of Lithuania for the first time, and inspect theimport, production and sales documents of the liable party at the work place.

Are exports exempted?

Exports are exempted and exporters can claim a refund for the paid levies.

Who is considered an importer?

The importer is the person who imports from the EU and third-party (non-EU)
countries.
In Lithuania, liability for the payment of remuneration for private copying
arises when the first seller executes the first sale of imported or
manufactured levied media or devices.

Distribution process
AGATA is responsible for the distribution of remuneration to collective rights
management associations, which represent owners of copyright and of
related rights. These associations, in turn, distribute to their rightholders,
who are authors, performers and the producers of audio-visual works andphonograms.

Frequency of distribution

Distribution is yearly and includes remunerations collected up to March 1.

Which rightholders?

The distribution shares of rightholders are indicated in the Law. Basicrules, and how the competent association has to distribute the collected
remuneration among the various groups of rightholders, are determined in the
Resolution of the Government.

How are the distribution schemes
determined?

According to the Resolution:
1.

The sums for programs relating to creative activities and copyright, andto related rights protection, have to be deducted from the collected
remuneration;

2.

After these deduction, administrative costs are deducted from thebalance

On the basis of these data AGATA distributes the remuneration, transferring
the relevant shares to collective rights management organizations for further
distribution and payment to the represented rightholders.

International Survey on Private Copying
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Who distributes the collected remuneration
to rightholders?

113

Distribution keys

Levies for blank audio media and devices:
1/3 – Authors
1/3 – Performers
1/3 – Phonogram producers
Levies for blank video media and devices:
1/3 – Authors
1/3 – Performers
1/3 – Producers of audio-visual works(The audio and video shares of remuneration collected for levied media anddevices are calculated on the basis of an independent survey).

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

25% of collected remuneration is assigned to programs relating to creative
activities as well as copyright and related rights protection (these programs
are administered by the Ministry of Culture).

What is the amount dedicated to the social
and/or cultural fund in 2013?

In 2014, some 949,544.10 euros were allocated. The sum for programs relatingto creative activities as well as copyright and related rights protection
were transferred to the Ministry of Culture for the first time this year. Thisis because the amendments of the Law came into force on March 1, 2012.
Consequently, the Ministry of Culture is currently preparing the conditions of
the tender, after which interested parties can submit their projects.

Legal developments and court cases
Legal developments

The new amendments of the Law have been in force since March 1, 2012.
Consequently, there are no court cases in this area yet.

Applicable national rates

International Survey on Private Copying
Law & Practice 2016

Blank Media

Rate valid from March
1, 2012 to
December 31, 2015
(euros)Capacity

Audio cassette

6% of first sales price

Per unit

Video cassette

6% of first sales price

Per unit

MiniDisc

6% of first sales price

Per unit

All types of DVD

6% of first sales price

Per unit

All types of CD

6% of first sales price

Per unit

Blu-ray

6% of first sales price

Per unit

0.14< 1 GB

0.29

for 1-2 GB

0.58

for 2.1-4 GB

0.87

for 4.1-8 GB

1.44

for 8.1-16 GB

2.02

for 16.1-32 GB

2.89

for > 32 GB

Optical Storage Media

114

Flash MediaUSB and non-built in memory cards

Devices

External and internal non-integrated SSD, HDD

Rate valid fromMarch 1, 2012

Capacity

1.44< 250 GB2.31

for 250.1-500 GB

2.89

500.1 GB-1 TB

4.34> 1 TB

5.79

Per unit

Digital and analog audio and video player with a memory device and audio
and video recording capability: audio cassettes, VCRs, CDs, DVDs, HD-DVD
drive, Blu-ray players, home theatre, musical centers, car radio, radio set,
MP3-players, MP4-players, HD media players and other players;

0.43< 1 GB

1.01

for 1-2 GB

TV with a memory device and audio and video recording capability;

4.34

PC
Consumer electronics

Set-top box with a memory device and audio and video recording capability

for 2.1-8 GB
for 8.1-32 GB

5.79

for 32.1-250 GB

7.24

for 250.1-500 GB

8.69

for 500.1-750 GB

10.14

for 750.1 GB-1 TB

11.58> 1 TB

0.43< 1 GB

1.01

for 1-2 GB

1.44

for 2.1-8 GB

4.34

for 8.1-32 GB

5.79

for 32.1-250 GB

7.24

for 250.1-500 GB

8.69

for 500.1-750 GB

10.14

for 750.1 GB-1 TB

11.58> 1 TB

Mobile Phones

Mobile phones with a memory device and audio and video recording

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115

Blank Media

Rate valid fromJanuary 1, 2016 (euros)

Capacity

All types of DVD

6% of first sales price

Per unit

All types of CD

6% of first sales price

Per unit

Blu-ray

6% of first sales price

Per unit

0.14< 8 GB

0.29

for 8.1-16 GB

0.58

for 16.1-32 GB

0.87

for 32.1-64 GB

1.44

for 64.1-128 GB

2.02

for 128.1-256 GB

2.89

for > 256 GB

1.44< 512 GB

2.31

for 512.1-1 TB

2.89

1,001-3 TB

4.34> 3 TB

5.79

Per unit

0.43< 2 GB1.01

for 2.1-4 GB

1.44

for 4.1-8 GB

2.89

for 8.1-16 GB

4.34

for 16.1-256 GB

5.79

for 256.1-512 GB

7.24

for 512.1-768 GB

8.69

for 768.1- 1 TB

10.14

for 1000.1 TB-3 TB

11.58> 3 TB

Tablets

4.34

Per unit

Gaming consoles

4.34

Per unit

Flash MediaUSB and non-built in memory cards

Devices

External and internal non-built in SSD, HDD

Personal computers, laptops, hybrid computers

Digital and analog audio and video player with a memory device and audio
and video recording capability: audio cassettes, VCRs, CDs, DVDs, HD-DVD
drive, Blu-ray players, home theatre, musical centers, car radio, radio set,MP3 players, MP4 players, HD media players and other players;

International Survey on Private Copying
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TV with a memory device and audio and video recording capability;

116

Set-top box with a memory device and audio and video recording capability;
Mobile phones with a memory device and audio and video recording
capability

Additional Comments:
When the remuneration for private copying was collected only from CD, DVD, video cassette, audio cassette, Blu-ray and MiniDisc,the revenue decreased annually. When the list of levied media and devices was expanded (from March 1, 2012) the collected
remuneration significantly increased (for example the remuneration (after all deductions) for 2012 was 21,448,197.89, compared
to 250,748.89 in 2011). The expanded list of levied media and devices is valid for a little over one year. The new Law provides for areview of that list every two years. After such review, it will be possible to assess the changes in revenue.

Revenue
Exchange rate LCU/2

1.000

1.000

1.000

1.000

2012 (€)

2013 (€)

2014 (€)

2015 (€)

Audio cassette

146.77

60.44

19.14

28.02

Video cassette

3,401.60

2,555.46

1,222.03

836.62

MiniDisc

30.90

10.34

1.37

7.32

Blank MediaCD

25,788.60

23,922.65

19,971.96

17,942.79

DVD29,604.38

20,016.52

15,404.54

11,818.29

Blu-ray279.06346.29405.12220.55

USB

176,249.12

225,551.21

210,493.92

230,997.11

Non-built in memory cards

163,989.19

203,102.67

201,493.92

210, 737.72

SSD

10,804.03

21,311.54

35,074.10

54,942.99

HDD

87,839.95

133,718.25

122,729.05

110,021.29

PC

883,309.64

1,197,863.17

1,227,517.67

1,159,093.46

Digital and analog audio and video player with a memory
device and audio and video recording capability: audio
cassettes, VCRs, CDs, DVDs, HD-DVD drive, Blu-ray players,
home theatre, musical centers, car radio, radio set, MP3
players, MP4 players, HD media players and other players

38,931.74

27,253.12

20,959.22

269,46.61

Devices

Set-top box with a memory device and audio and video
recording capability

11,765.53

Mobile Phones

552,531.13

786,494.03

953,211.42

1,289,082.42

TOTAL

1.972.906,11

2.642.205,69

2.808.503,46

3,124,440.72

Note: The amounts (net of debts) shown in the table are inclusive of collection and/or distribution costs. In Lithuania, the collected
remuneration is distributed, after deduction of administrative costs (and from March 1, 2012, after deduction of 25% for programs
relating to creative activities as well as copyright and related rights protection).
Note. These numbers do not include: (a) the 25% transferred to the Ministry of Culture; or (b) collection/distribution costs.

International Survey on Private Copying
Law & Practice 2016117

19. Netherlands
Contact information
Country

The Netherlands

Currency

Euro

Name of organization

Stichting de Thuiskopie

Web sitewww.thuiskopie.nl

Contact Person 1

Hester Wijminga

Contact Person 2

Wouter Klomp

E-mail 1

Hester.wijminga@cedar.nl

E-mail 2

Wouter.klomp@cedar.nl

Address

P.O. Box 3060

Postcode

2130 KB

City

Hoofddorp

Phone+31 (0)23-7997019

Fax+31 (0)23-8700210

Legislation and fundamental facts
International Survey on Private Copying
Law & Practice 2016

Copyright law

118

Copyright Act, last amended in 2015.
Royal decree of October 28, 2014.
Art. 16c of the Copyright Act: Reproduction of the work or any part thereof
shall not be regarded as an infringement of the copyright in a literary,
scientific or artistic work provided that the reproduction is carried out without
any direct or indirect commercial motivation and is intended exclusively
for personal exercise, study or use by the natural person who made thereproduction.

Remuneration system

Levy system.

Liable for payment

Importers and manufacturers of recording media and/or equipment are liablefor payment. The law provides for extended liability for resellers, wholesalers
or retailers if they cannot show the original importer.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

Stichting de Thuiskopie is appointed by the Minister of Justice by royal
decree.

Administrative costs for collecting private
copying remunerations

Administrative costs for collecting remunerations are 5.5%.

Administrative costs for distribution ofprivate copying remunerations

Costs for distribution by organizations of rightholders may not exceed 15%.

Distribution process

Stichting de Thuiskopie is responsible for the collection and distributionof private copying remuneration to all rightholders. The private copying
remunerations are distributed by Thuiskopie to organizations of rightholders.

Rate setting
How are levies/remuneration determined?

The law appoints a negotiating body (SONT)in which rightholders and theindustry are equally represented to negotiate the level of the rates. An
independent chairman is appointed by the Minister of Justice. If parties
cannot come to an agreement, the chairman decides. Rates set by SONT areconsidered to have been advised by the State Secretary, who makes the final
determination of rates by royal decree.

Which criteria are used for determining thelevies/remuneration?

A market survey on consumer copying behavior is commissioned yearly. Other
criteria are: the private copying contribution in the other EU Member States,
the relation to the sales price of the product, acceptability by the public andthe wish to avoid major administrative costs for industry.

Are there any consumers or buyers exempt
from paying the levies?

All professional users are exempted, either upfront through agreements withprofessional suppliers or via a refund scheme.

Are there any products exempt from levies

Products that according to market research are not used for private copying
are exempted.

Collection process
Based upon the law, the obligation to pay arises directly upon import orwhen the product is manufactured and ready to be put onto the market. In acontractual situation, contractors can report within 15 days after the end of
the month in which the product was sold in the Dutch market.

How do you monitor or intervene in themarket?

An enforcement officer does regular checks on the market and an anonymous
reporting system is in place. Contractors are being audited by Thuiskopie.

Are exports exempted?

Yes

Who is considered an importer?

The first commercial seller on the Dutch market is to be considered theimporter. Foreign sellers can be considered importers if they deliver directly
to consumers in a cross-border situation (Opus case)

Distribution process
Who distributes the collected remunerations
to rightholders?

International Survey on Private Copying
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How frequently is payment due?

119
Stichting de Thuiskopie distributes on a quarterly basis to organizations ofrightholders. Thuiskopie does not distribute to individual rightholders.
The distribution scheme is set by rightholders within the board of Stichting deThuiskopie.

Frequency of distribution

Quarterly.

Which rightholders?

Authors, producers, performing artists.

How are the distribution schemes
determined?

Schemes are set by the Board of Thuiskopie, on which all rightholders are
represented. Usually rightholders initiate negotiations and advise the board
on the schemes.

Distribution keys

First the revenues are split: The split for 2015 and 2016 is:
Audio – 34.37%
Audio-visual – 47.66%
Written works – 10.25%
Visual works – 7.72%
The distribution schemes are set by rightholders and have to be approved by
the supervisory board instituted by law.
Distribution scheme for audio:
40% authors – Stemra (distribution Stemra-part: Stemra 92.5%, Lira 7.5%).
30% – performing artists - NORMA
30% – producers; STAP
Distribution scheme for video:
31.81% authors – Stemra (distribution Stemra-part: Stemra 31.89%, Lira 36.53%,
Vevam 31.58%).
26.25% – performing artists - Norma (video)
34.74% – producers - Sekam video SCGO 7.20%
Distribution scheme for written works:
LIRA and publishers
Distribution scheme for visual works:
Pictoright and publishers*As regards the schemes for written works and visual works, a share is yet
to be determined for publishers based on Article 7 of the Dutch CopyrightAct, which reads: Where labor which is carried out in the service of anotherconsists of creating certain literary, scientific or artistic works, the person inwhose service those works were created is considered to be the author unlessthe parties have agreed otherwise.

Social and cultural funds for collective purposes

International Survey on Private Copying
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Is there a social and/or cultural deduction?

120

There is currently no deduction by Stichting de Thuiskopie for collective(social and/or cultural) purposes.
However, the rightholders’ organizations that distribute the private copying
remunerations to individual rights owners can make a deduction for social
and/or cultural purposes.
The percentage is determined by rightholders, but it is stated in the law that it
cannot exceed 15%.

Legal developments and court cases
Legal developments

As a result of the ruling of the Dutch Court of Appeal on March 27, 2012 in
the case of Dutch performing rights organization, NORMA, against the Dutch
State, the levies scheme had to be expanded to include media and devices that
consumers currently use for copying. In the years before this ruling, private
copying levies in the Netherlands were restricted to blank CD-R and DVD-R.
The Court of Appeal held, following the CJEU in its Opus decision, that it is
up to the Member State that implements a private copying exception in its
national law to guarantee that the rightholders actually receive payment offair compensation for the harm sustained. For the years 2007- 2012, the State
concluded a settlement with Thuiskopie for damages and paid 33.5 euros
million in 2015.
In April 2014, the Court of Justice of the European Union in the case of ACIThuiskopie ruled that downloading from an illegal source does not fall within
the scope of the Private Copying Regulation. In the Netherlands, it is permitted
to make a copy of a copyright-protected work for private use. The aim of the
remuneration is to compensate the creators of protected works for private
copies made by consumers. In the past the Dutch government had always taken
the view that copying from illegal sources by a consumer was also within thescope of the private copying exception. The making available of works without
the consent of rightholders has always been illegal.
On January 1, 2015, a new decree was issued by the State Secretary for Justicelowering private copying levies by 30%. On the upside, a levy on e-readers wasintroduced. The professional use exemption (both upfront and refund) was
extended to all media and devices.
After the introduction of levies on hardware, mobile phones etc., some
importers and manufacturers of these devices started legal proceedings,
claiming that the levies are too high for various reasons. After the ACI
judgment, these proceedings intensified and some companies only paid 50%of the remunerations. These court cases are now in appeal.

Court cases

After the CJEU Padawan decision, several companies in The Netherlands
argued that the Dutch system of mutualization (as existed until January
1, 2013) was inconsistent with Directive 2001/29/EC and suspended their
payments to Thuiskopie. Thuiskopie started legal proceedings against Imation
Europe, a large importer of blank CDs and DVDs.
In 2013 the District Court of The Hague, in an interlocutory judgment, held thatthe system of mutualization was in conflict with Padawan, because it involved
the indiscriminate application of levies in respect to blank CDs and DVDs
intended for professional use. Consequently, the Court judged that Imation
only had to pay private copying levies for the blank media that are directly
or indirectly delivered to consumers, and not for blank media delivered toprofessional users.
In 2015, the Court of Appeal of The Hague held that Imation was not entitledto a refund for levies that it had paid for blank media delivered to professional
users, because Imation had included the levies in the sales price and thus,
according to the Court of Appeal, it would be against EU law, as explained by
the CJEU in Copydan, to refund the importer. Only the professional end user
would be able to get a refund.

International Survey on Private Copying
Law & Practice 2016

Are there liable parties who deny
responsibility or payment for certain media/
devices?

121

Applicable national rates
Blank Media

Rate valid from January 2015
(euros)Capacity

Optical Storage Media
CD-R/RW

0.02

Per unit

DVD-R/RW

0.02

Per unit

Rate valid from January 2015
(euros)Capacity

PC/Laptop

3.50

Per unit

Tablet3.50

Per unit

External hard disc drive

0.70

Per unit

Devices
Hardware, PC, HDD

Consumer Electronics
Audio/Video (mp3) player

1.40

Per unit

Set-top box/Hard disc recorder

3.50

Per unit

E-reader0.70

Per unit

Mobile Phones

International Survey on Private Copying
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Smartphone/phone with mp3 function

122

3.50

Per unit

Revenue
Exchange rate LCU/2

1.000
2012 (2)

1.000

1.000

1.000

2013 (2)2014 (2)2015 (2)859,000

431,227,01

Blank Media
Analog video/ video

122,000

CD-R/DVD-R

5,253,000

2,445,000
Devices
Hardware, PC, HDD

PC/laptop

4,451,000

5,890,000

4,838,984,50

Tablet8,039,000

8,194,000

4,969,021,00

External hard disc drive

829,000

785,000

523,710,90

Consumer Electronics
Audio/Video (mp3) player

473,000

644,000

300,057,80

Set-top box/hard discrecorder1,110,000

2,640,000

1,810,400,00

0

0

168,141,40

13,483,000

16,803,000

15,178,198,00

30,831,000

69,295,000*

28.219.740,61

E-readerMobile Phones
Smartphone/phone mp3
function
Total

5,375,000*Including the 233.5m settlement for 2007-2012.

International Survey on Private Copying
Law & Practice 201612320. Norway
Contact information
Country

NorwayCurrency

NOK – Norske kroner

Name of organization

NORWACOWeb sitewww.norwaco.no

Contact Person

Simen Halsan ØienE-mailsho@norwaco.no

Address

Møllergata 8

Postcode

0179

City

Oslo

Phone

(+47) 23 31 68 00

International Survey on Private Copying
Law & Practice 2016

Legislation and fundamental facts

124

Copyright law

Section 12 of the Norwegian Copyright Act establishes, in line with Article
5(2)(b) of the Copyright Directive, an obligation to compensate rights holders
for the private copying of publicly disseminated works. This compensation
scheme was first introduced in Norway in 2005.

Remuneration system

State-funded

Liable for payment

The remuneration is funded by the Norwegian Government, as an item on thenational budget.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

Norwaco is owned by our 35 member organizations, which represent different
groups of rightholders in Norway. We are also approved and appointed by the
Norwegian Government to represent rightholders in Norway and to distributethe compensation.

Administrative costs for distribution ofprivate copying remuneration

A deduction is made to cover the administrative costs of distribution.

Distribution process

The government defines the criteria for distribution, such as a three-way
split, with 1/3 for authors, 1/3 for performers and 1/3 for producers. Further
distribution is determined through negotiations among our members.

Rate setting
How are levies/remuneration determined?

The rate is set unilaterally in the national budget each year. We also provide a
yearly statistical analysis of private copying.

Which criteria are used for determining thelevies/remuneration?

Criteria used are: copying behavior of consumers, the source of the copy, etc.

Are there any developments, negotiations on No.
new rates (e.g., for cloud storage)?

Collection process
How frequently is payment due?

Annually, through the state budget.

How do you monitor or intervene in themarket?

Annual surveys of private copying behavior establish patterns based on which
final distribution decisions are made.

Distribution process
Who distributes the collected remuneration
to rightholders?

We pay out the remuneration once a year, and member organizations do
the same. In Norway, there are different organizations which represent thedifferent rights holders’ groups. There are 35 organizations in total, which
represent approximately 65,000 rights holders. They are also responsible fornon-members.

Frequency of distribution

Annually

Which rightholders?

Every rightholders’ group will receive compensation, in accordance with theguidelines of the Norwegian Government.

How are the distribution schemes
determined?

The Government defines the criteria for distribution; e.g., a three-way
split with 1/3 for authors, 1/3 for performers and 1/3 for producers. Further
distribution is determined through negotiations between our members.

Distribution keys

Subject to internal negotiation, based on background information from anannual survey.

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

No

Legal developments and court cases
The compensation was reduced for 2015. This is in contrast to the
documented increase in private copying. For 2016, the compensation was
adjusted in accordance with the consumer price index (CPI) in Norway, but
without taking into account the significant increase in overall private copying.

Implementation problems

The issue of “fair compensation” is not defined anywhere. The compensation
is low, considering the full scale of private copying. This should be addressedby the appropriate authorities.

Revenue
Exchange rate LCU/2
Total

7.475

7.800

8.361

8.944

7.475

2012 (NOK)2013 (NOK)2014 (NOK)2015 (NOK)2016 (NOK)

42,423,000

43,823,000

45,357,000

45,354,000

46,215,000International Survey on Private Copying
Law & Practice 2016

Legal developments

12521. Paraguay
Contact information
Country

Paraguay

Currency

PYG - Guarní

Name of organization

SGP, Sociedad de Gestión de Productores Fonográficos del Paraguay

Web sitewww.sgp.com.py

Contact Person 1

Maria Elena Ojeda

Contact Person 2

Fabian ArguelloE-mail 1

mariaelenaojeda@sgp.com.py

E-mail 2

repartoydistribucion@sgp.com.py

AddressAv. España 2221

Postcode

1438

City

Asuncion

Phone+595 21 – 233787

Fax+595 21 – 233788

International Survey on Private Copying
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Legislation and fundamental facts

126

Copyright law

Law No. 1.328/98 on copyrights and neighboring rights, Art. 34 to 37; definitionof private copy according to law, Art. 34.

Remuneration system

Levy system: According to the provisions of the regulatory decree.

Liable for payment

Importers and manufacturers are liable for payment.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

AIE-Paraguay, by agreement of the three entities; the regulatory decree
states that the society of performers is the collecting agency. Appointed byrightholders.

Administrative costs for collecting private
copying remuneration

Cost is unlimited. It is variable and changes monthly. Generally, it is no morethan 14.8%.

Administrative costs for distribution ofprivate copying remuneration

Cost is limited up to 15%. It is variable and changes monthly. Generally, it is
no more than 14.8%.

Distribution process

The collecting society delivers 20% (after expenses) to the State for thepromotion of intellectual property rights. The balance is shared into threeequal parts for authors, producers and performers.

Rate setting
How are levies/remuneration determined?

Law No. 1328/98 provides that the State shall regulate the right. Accordingly,
the rates have been determined in Regulatory Decree No. 4212 of Oct. 12, 2015

Which criteria are used for determining thelevies/remuneration?

We believe that the authorities take into account the harm caused by copying.
The larger the size of the copy, the higher the rate.

Are there any consumers or buyers exempt
from paying the levies?

Professional users are exempted.

Are there any products exempt from levies?
Are refurbished products exempt?

Article 350 - Exemptions from payment of the above compensation apply
to: equipment and materials to be used by producers of audio-visual works,
phonograms and publishers, or by their respective licensees and (based oncompulsory studies of sync sound or sounds and images) companies working
on behalf of any of them, for legitimate production or reproduction of thoseworks, provided that such equipment is used exclusively for these activities.

Are there any developments, negotiations on No.
new rates (e.g., for cloud storage)?

Collection process
How frequently is payment due?

The mechanism is established in the decree. No one in the country can import
the devices and players without payment. The decree only obliges importers
and domestic manufacturers to pay compensation. The importer is the person
or company that brings the merchandise into the country.

How do you monitor or intervene in themarket?

It is not necessary. Payment must be made prior to release.

Are exports exempted?

No.

Who is considered an importer?

The importer is the person or company that brings the merchandise into thecountry.

Distribution process
The Society of Artists distributes monthly to the Societies of Authors and of
Producers, which, in turn, distribute the funds to their members (authors,artists and producers of phonograms).

Which rightholders?

According to the decree, only producers of musical works, musicalperformances and phonographic productions are compensated. Each society
decides how to distribute. The societies of artists and of producers distributed
according to airplay.

How are the distribution schemes
determined?

Each of the three entities determines the distribution scheme. For the time
being, 100% is generally allocated to audio.

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

The Society of Authors and the Society of Artists are subject to a social and/or cultural deduction. Producers are not. The maximum rate is 10% according
to Law No. 1.328/98.

Which body is responsible for allocationof funds to artists, cultural productions orsocial schemes?

The Board of Artists

What is the amount dedicated to the social
and/or cultural fund?

10% of the collection

How can social and cultural funds be used?

Payment of medical consultations and assistance towards the cost of medical
testes, prescription glasses, prosthetic aids and hospitalization.

International Survey on Private Copying
Law & Practice 2016

Who distributes the collected remuneration
to rightholders?

127Legal developments and court cases
Legal developments

There were claims of unconstitutionality against the Regulatory Decree.
Unfortunately, the claims prospered.

Are there liable parties who deny
responsibility or payment for certain media/
devices?

The payment is made at customs before the merchandise is introduced into
the market.

Applicable national rates
Hard disc drives

0.5% of the import price for all products/devices

Smartphone

0.5% of the import price for all products/devices

Laptop/PC

0.5% of the import price for all products/devices

Audio recording devices

0.5% of the import price for all products/devices

Video recording devices

0.5% of the import price for all products/devices

Media players

0.5% of the import price for all products/devices

CD-R, DVD-R, DVD + R

0.5% of the import price for all products/devices

CD-R/DVD-R recorders

0.5% of the import price for all products/devices

Memory cards

0.5% of the import price for all products/devices

Portable mp3/mp4 player

0.5% of the import price for all products/devices

Revenue
Exchange rate LCU/2
Note: Gross AmountCollected

5685.409

5736.734

5920.140

5772.593

2012 (PYG)

2013 (PYG)

2014 (PYG)

2015 (PYG)

5,307,233,220

5,296,782,629

4,734,557,199

5,196,049,079

International Survey on Private Copying
Law & Practice 2016

Note: We have only the total amount collected, and not amounts per type of device.

128

22. Poland
Contact information
Country

PolandCurrency

Polish zloty (PLN)

Name of organization

Biuro ZAIKS, SAWP, ZPAV ds. czystych nośników (head office of ZAIKS, SAWP,ZPAV of blank media)

Web sitewww.zaiks.org.pl www.czystenosniki.pl

Contact Person 1

ZAIKS Grzegorz Burakiewicz

Contact Person 2

Biuro ZAIKS, SAWP, ZPAV ds. czystych nośników

E-mail 1

grzegorz.burakiewicz@zaiks.org.pl

E-mail 2

biuro@czystenosniki.pl

Address

Stowarzyszenie Autorów ZAIKS ul. Hipoteczna 2

Postcode

00-092City

WarsawPhone+48 (22) 827 606169

Legislation and fundamental facts
Copyright law

Remuneration is collected through levies on media and equipment.

International Survey on Private Copying
Law & Practice 2016

Copyright Law and Law on Neighboring Rights of February 4, 1994 (Journal of Law No 24, item 83 withfurther amendments). Regulations of the Minister of Culture of June 2, 2003 and December 15, 2008, whichamend the regulation on the specification of the categories of devices and media used for recording
works, and on their sales levies imposed on producers and importers.

Article 20 of the Polish Law on Copyright regulates the remuneration system:

129

Article 23 of the Polish Law on Copyright regulates the scope of the private use:
Article 23.

Remuneration
system1.

It shall be permitted to use free of charge and for private purposes, without the permission of theauthor, work that has already been disseminated. (…)

2.

The scope of private use shall include use of single copies of works by a circle of people having
personal relationships, and in particular any consanguinity, affinity or social relationship.

Article 20.1. Producers and importers of:1.

tape recorders, video recorders and other similar devices;2.

photocopiers, scanners and other similar reprographic devices used to make copies of all or part of apublished work;3.

blank media used for recording, for private use, of works or objects of related rights, with the devices
listed in subparagraphs 1 and 2 – shall be obliged to pay to the collective management organizations
specified in paragraph 5, which act on behalf of artists, artistic performers, producers of phonogramsand videograms, and publishers, fees of no more than 3% of the sales amount of such devices andcarriers.

Liable forpayment

Producers and importers of recording media and equipment are liable for payment.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

Stowarzyszenie Autorów ZAIKS – creators
Stowarzyszenie Artystów Wykonawców Utworów Muzycznych i SłownoMuzycznych SAWP – performing artistsZwiązek Producentów Audio-Video ZPAV – producers phonograms andvideograms

Administrative costs for collecting private
copying remuneration

Costs for collecting private copying remunerations are directly borne by
Collective Management Organizations (ZAIKS, SAWP, ZPAV) appointed tocollect levies.

Administrative costs for distribution ofprivate copying remuneration

The administrative costs for collecting private copying levies were 6.18% of
the amount collected in 2013, and 8.88% of the amount collected in 2014.

Rate setting
How are levies/remuneration determined?

The Minister of Culture and National Heritage determines by regulation the listof devices and media and also the rate of levy paid for them.

Which criteria are used for determining thelevies/remuneration?

The Minister of Culture and National Heritage defines, by regulation, thecategories of devices and media as well as the fees, based on the capacity ofthe devices and media to reproduce works, and their intended use, other thanfor reproduction of works.

International Survey on Private Copying
Law & Practice 2016

The basic criterion in the Polish system for the collection of levies on salesof devices/media by producers and importers is their intended use – whether
they are used for the purposes of private copying.

130

Are there any consumers or buyers exempt
from paying the levies?

Levies can be collected on devices and media destined for the private use of
the purchaser only.

Are there any products exempt from levies?
Are refurbished products exempt?

Laptops, PCs, smartphones, mobile phones with MP3 functionality, tablets,
MP4 players, and devices with MP4 functionality.
As of 2014, refurbished products were subject to levies.

Are there any developments, negotiations on No developments or negotiations, despite the conclusions reached by
new rates (e.g., for cloud storage)?
organizations in this field.

Collection process
How frequently is payment due?

Producers and importers of devices and blank media shall be obliged to pay
levies within two weeks of the end of each quarter wherein the sales took
place.

How do you monitor or intervene in themarket?

Three collecting societies appointed by the Minister of Culture for thecollection of levies recruit an external expert to check the accuracy of thesettlements made by the enterprises paying levies. If the liable parties are
not compliant, the collecting societies are obliged to take legal action toclaim levies.

Are exports exempted?

Export refund procedures are not implemented in Polish legal regulations.

Who is considered an importer?

The definition of an importer is specified in the Civil Code. Under Article449(5)(2CC), an importer is any entity that introduces a product of foreign
origin into the domestic market within the scope of its business activity.
Import covers deliveries of goods within the European Community as well asdeliveries from non-EU countries.

Distribution process
Who distributes the collected remuneration
to rightholders?

The collective management organizations responsible for levies’ distribution
are: ZAIKS, SAWP, ZPAV in the audio sector; and SFP, ZASP, ZPAV in the video
sector.

Frequency of distribution

Frequency of distribution is determined by the agreements concluded by allorganizations representing rights owners of the relevant categories (e.g.,creators).

Which rightholders?

There are three categories of rightholders:creators, performing artists, producers of phonograms and videograms

How are the distribution schemes
determined?

The distribution schemes are determined by the Copyright Law and Law on
Neighboring Rights of February 4, 1994, and by the regulation of the Ministerof Culture and National Heritage.

Distribution keys

Article 20(2) of the Copyright Law and the Law on Neighboring Rights
determines the distribution of levies for various categories of rights owners,
and the percentage shares of the audio and video sectors.
Distribution scheme for audio:
Authors: 50%
Performers: 25%
Phonogram Producers: 25%.
In this sector the organizations responsible for distribution of levies are:
ZAIKS, SAWP and ZPAV.
Distribution scheme for video:
Authors: 35%
Performers: 25%
Video producers: 40%.
In this sector the organizations responsible for distribution of levies are: SFP,
ZASP and ZPAV.
Other distribution schemes:

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

In the Polish two-tier distribution system (the first being statutory distribution
between two sectors; and the second being distribution by societies
representing various categories of rightholders) possible deductions
for social or cultural purposes are applied by societies responsible for
distribution to their members. The deductions are not determined by the State
law; they are made in accordance with the statutes of the relevant society.

International Survey on Private Copying
Law & Practice 2016

Collective management organizations responsible for distribution of levies(ZAIKS, SAWP, ZPAV in the audio sector; and SFP, ZASP, ZPAV in the video
sector) divide levies on the basis of the agreements concluded by allorganizations representing rights owners after taking into account survey
results. The survey, commissioned by the organizations, indicates the relation
between the products levied and the category in which distribution takes
place.

131

Legal developments and court cases
Implementation problems

In 2014, the collective management organizations submitted to the Minister ofCulture and National Heritage proposed amendments on, inter alia, the list of
media and devices. These amendments have not yet been considered by the
Minister. However, in response, the organizations representing manufacturers
and importers initiated action against these proposed amendments, which
has turned into an active campaign against private copying levies.
Another crucial problem for the organizations collecting private copying
levies in Poland is the ambiguous position of the tax authorities regarding theinclusion of such organizations within the value-added tax (VAT) system.
The foregoing circumstances have an effect on the total amount collected.

Applicable national rates
The rates currently in force have been effective and unchanged since January 1, 2009.

International Survey on Private Copying
Law & Practice 2016

Device or carrier

132

Percentage of the fee
deducted from the sales priceof the equipment or media

MP3 (single function)

3.0 %CD-R 12 cm

1.72 %

CD-RW 12 cm

2.89 %DAT Cassette

3.0 %MD record (MiniDisc)

3.0 %Audio cassette

3.0 %Memory card (including pen drive and other semiconducting massive
storage devices)

0.47 %

Stacking hi-fi with tape recorder and CD player

0.76 %

Stacking hi-fi with tape recorder and DVD player

0.76 %

Stacking hi-fi with tape recorder and CD player with recording
functionality

0.70 %

Stacking hi-fi with DVD/CD player with Flash recording functionality

0.17 %

Stacking hi-fi with tape recorder and DVD player with recording
functionality

1.04 %

Stacking hi-fi with hard disc/Flash0.19 %

Radio-cassette recorder with CD player

0.74 %

Radio-cassette recorder having a CD player with recording
functionality

0.69 %

Radio-cassette recorder

0.96 %

Radio with MD player with recording functionality

0.98 %

Radio with CD player with recording functionality

0.54 %

Radio with CD player with recording function Flash0.05 %CD player with a MD player with recording functionality

0.94 %MD player with recording functionality

1.71 %

Computer hard disc STANDARD

1.0 %Other computer hard discs included in the remaining devices which
can be used to record works or subjects under neighboring rights,
including audio or audio-visual

1.0 %Computer CD recorder

1.54 %

Capacity
Per unitComputer DVD recorder

2.28 %Tape recorder2.03 %

Multifunctional multimedia player with MP3 format

1.14 %Car stereo set comprising a CD player with recording functionality

1.08 %Car stereo set comprising a CD player capable of recording on othermedia

0.30 %The percentage of the fee
deducted from the sales priceof the equipment or carrier

Device or carrier

2.53 %

DVD-RW 12cm

2.95 %

DVD RAM 12 cm

3.00%

Blu-ray R 12 cm

2.10 %

Blu-ray RE 12 cm.

2.10 %HD DVD-R 12 cm

2.10 %HD DVD-RW 12 cm

2.44 %VHS cassette

3.0 %VHS/D cassette

3.0 %HD DVD or Blu-ray computer recorder

1.89 %

Video recorder

2.14 %

Video player with recording function

2.35 %

DVD player with recording function

1.46 %

DVD player capable of recording on other media via USB

0.27 %

DVD player with recording function and hard disc2.23 %

DVD and VHS player with recording function

2.23 %

DVD and VHS professional player with recording function and hard
disc1.86 %High Definition player with recording function

1.21 %High Definition player with recording function and hard disc1.85 %

Disc memory which registers AV stream (including digital TV decoderwith hard disc)0.87 %TV set comprising video recorder

0.51 %TV set comprising hard disc0.51 %TV set comprising DVD recorder

0.35 %TV set comprising DVD recorder and hard disc0.87 %Per unit

International Survey on Private Copying
Law & Practice 2016

DVD-R 12 cm

Capacity

133

Revenue
Exchange Rate LCU/€

4.184

4.196

4.185

4.181

2012 (PLN)

2013 (PLN)

2014 (PLN)

2015 (PLN)

Total Audio

5,669,701.68

8,340,133.12

5,759,420.19

6,140,658,26

Total Video

1,204,315.40

549,006.28

650,145.60

425,375.45

Total revenue

6,874,017.08

8,889,139.40

6,409,565.79

6,566,033.71

Media/Devices

23. Portugal
Contact information
Country

Portugal

Currency

Euro

Name of organization

AGECOP – Associação para a Gestão da Cópia Privada

Web sitewww.agecop.pt

E-mail 1

geral@agecop.pt

AddressAv. Estados Unidos da América, 94, 7.º B

Postcode

1700-178

City

LisboaPhone+351 21 848 66 05

Fax+351 21 848 66 07

Legislation and fundamental facts
Copyright law

The new Portuguese Law on Private Copy (No. 49/2015) was published onJune 5, 2015 and entered into force on July 5, 2015.
It amends the previous private copying Law by extending the list of devices
subject to private copying levies.

International Survey on Private Copying
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Private copying remunerations are collected and managed by AGECOP, forboth audio-visual and reprographic works

134

Remuneration system

Concerning levies on equipment and blank media, which benefit music andaudio-visual rights holders (no. 2 in the table on equitable compensation ofin the Law) as well as graphic rights holders (No. 1 and a percentage of No.
2.3, items (k), (l) and (p), in the table on equitable compensation the Law),
all importers and manufacturers of such items are obliged to collect the levy
when the first sale of the product takes place on Portuguese territory. RAs forcompensations that benefits reprographic rightholders includes collections
made from photocopies (3% of the sales price of photocopies, before theapplication of VAT).

Liable for payment

Importers, manufacturers, traders and others are liable for payment.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

AGECOP: The incorporation of AGECOP was mandatory and occurred in
1998. Our members are all the collecting societies that exist in Portugal andrepresent authors, artists and performers, publishers and music and video
producers.

Rate setting
How are levies/remuneration determined?

The legislator determines the levies.

Are there any consumers or buyers exempt
from paying the levies?

Yes, according to Article 4 of Law No. 49/2015.

Are there any developments, negotiations
on new rates (e.g., for cloud storage)?

Natural or legal persons, public or private, may be exempt from the paymentof the compensation if:a.

the activity is intended for audio-visual communication or the productionof phonograms and videograms exclusively for their own productions;b.

the activity is intended to support disabled people;c.

the activity is intended to safeguard movable cultural heritage;d.

the media are intended to be used exclusively within the context ofprofessional activities (for instance, by photographers, designers,
architects, engineers, etc.)e.

the devices and media are intended to be used for medical purposes,
defense missions, judicial purposes, homeland security or scientificresearch.

No, not at the moment.

Collection process
How frequently is payment due?

The collection and disbursement of the levy amounts is the responsibility ofthe manufacturers and importers established on Portuguese soil. These levy
amounts shall be deposited every three months into a bank account opened in
the name of the managing entity (AGECOP).

How do you monitor or intervene in themarket?

Importers and manufacturers also have to report data on exports andexemptions for professional uses. All the data has to be reported to AGECOP
and to the General Inspectorate of Cultural Activities, an entity under
the Ministry of Culture. Furthermore, public and private entities that sell
photocopies have to report the number of copies of works made each year.

Are exports exempted?

To obtain a refund for exports, importers and manufacturers must present thesame documents that are submitted to VAT services when applying for a VAT
refund.

Distribution process
Who distributes the collected
remuneration to rightholders?

Only collecting societies are eligible for membership of AGECOP, so they
distribute remuneration to rightholders.

How are the distribution schemes
determined?

Distribution schemes are defined in the Law. Only collecting societies are
eligible for membership of AGECOP, so they distribute remuneration torightholders. AGECOP, from the legal standpoint, has two Departments, namely:
the Graphic and Reprographic Copy Department and the Phonographic andVideographic Copy Department

International Survey on Private Copying
Law & Practice 2016

AGECOP can audit the accounts of all importers and manufacturers coveredby this Law. It can also audit public and private entities that have signed
contracts to pay the remuneration added to the sales price of photocopies.
All administrative and police authorities are competent to supervise thecompliance with the regulations governing private copying.

135

Distribution keys

AGECOP distributes as follows:
Remunerations for the Phonographic and Videographic Copy Department –40% for collecting societies representing authors;
30% for collecting societies representing artists and performers; and
30% for collecting societies representing music and video producers.
Remunerations to the Graphic and Reprographic Copy Department –50% for collecting societies representing authors; and50% for collecting societies representing publishers.

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

There is a cultural deduction. The law establishes an obligation to deduct 20%of the total amount collected for collective purposes.

How can social and cultural funds be used?

The amounts deducted are invested in the promotion of cultural activities,
investigation and public awareness on copyright and neighboring rights.

Applicable national rates
Blank Media/devices (according to the Table on Equitable Compensation)

Rate as of July
2015 (euros)

Capacity

1 – Devices, equipment and technical instruments for copying(a) Multifunctional equipment or ink-jet photocopiers5

Per unit(b) Multifunctional equipment or laser photocopiers:
Up to 40 pages per minuteMore than 40 pages per minute

10
20

Per unit
Per unit(c) Scanners and other equipment meant only for digitization

2

Per unit(d) Ink-jet printers

2.5

Per unit(e) Laser printers

7.5

Per unit

Rate (euros)

Capacity

Audio recorders

0.20

Per unit

Video recorders

0.20

Per unit

Rate (euros)

Capacity

CD-recorder1

Per unit

DVD-recorder2

Per unit

CD and DVD recorder3

Per unit

Blu-ray recorder3

Per unit(a) Analog media for audio recording, such as cassettes/tapes

0.10

Per unit(b) Analog media for video recording, such as cassettes/tapes

0.10

Per unit(c) CD-R

0.05

Per unit(d) 8 inch CD

0.05

Per unit(e) MiniDisc

0.05

Per unit(f) CD-RW

0.10

Per unit(g) DVD-R

0.10

Per unit(h) DVD-RW

0.20

Per unit(i) DVD-RAM

0.20

Per unit(j) Blu-ray disc0.20

Per unit(k) USB flash drive

0.016

Per GB limit 27.50

2 – Devices, gadgets and media

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2.1 – Analog devices

136

2.2 – Digital devices without memory or hard drive

2.3 – Media and storage devices

(l) Memory card

0.016

Per GB limit 27.50(m) Memory/HD built into devices with copying functionality

0.016

Per GB limit 215(n) External hard drive with audio/video IN/OUT

0.016

Per GB limit 215(o) Memory/HD in television and devices with interface broadcasting signal andTV including set-top box, decoders, etc.

0.016

Per GB limit 215(p) Memory devices and HD built into computers

0.004

Per GB limit 27.50(q) External or internal hard drive used on a computer or other device for audio/
video recording

0.004

Per GB limit 27.50(r) Memory/HD built into devices that record, read and store phonograms, anymusical work in compressed format (Mp3)

0.20

Per GB limit 215(s) Memory/HD built into mobile phones

0.12

Per GB limit 215(t) Memory/HD built into multimedia tablet devices

0.12

Per GB limit 215

3 – The devices, appliances or media devices shall be liable to only one of the equitable compensation fees presented in the
sub-paragraphs above, with the highest rate being applicable.

Revenue
Exchange rate LCU/2

1.000

1.000

1.000

1.000

Blank media/devices/
photocopies

2012 (2)2013 (2)2014 (2)2015 (2)Graphic and Reprographic Copy
Department 1)

36,779.10

12,964.23

7,887.88

608,858.95

Phonographic and Videographic
Copy Department

1,179,083.90

880,490.12

680,209.01

2,714,579.32

Total

1,215,863.00

893,454.35

688,096.89

3,323,438.27(1)	In 2012, 2013 and 2014, the revenue of the Graphic and Reprographic Copy Department came exclusively from collections by all
public and private entities that sell photocopies, and had signed contracts with AGECOP (3% of the sales price of photocopies,
before the application of VAT).

International Survey on Private Copying
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24. Russia
Contact information
Country

Russian Federation

Currency

Ruble

Name of organization

Russian Union of Right-holders

Web sitewww.rp-union.ru

Contact Person 1

Erik Valdes-Martines

Contact Person 2

Andrey Krichevskiy

E-mail 1

valdes@rp-union.ru

E-mail 2

ak@rp-union.ru

Address

Blvd. 73/1. Novoslobodskaya

Postcode

127055

City

MoscowPhone+7 495 988 50 89

Legislation and fundamental facts

International Survey on Private Copying
Law & Practice 2016

Copyright law

138

Article 1245 of the Civil Code.
Authors, performers and manufacturers of sound recordings and audio-visual
works are entitled to receive a fee for free reproduction/playback of thesound recordings and audio-visual works exclusively for personal purposes.
Such a fee is compensatory in nature and payable to rightholders from thefunds collected from manufacturers and importers of devices and storage
media used for reproduction/playback.

Remuneration system

The levy system is established by the Russian Government.

Liable for payment

Importers and local manufacturers on the territory of Russian Federation are
liable for payment.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

The Russian Union of Rightholders (RUR) is the sole organization within
Russian territory that is responsible for the collection and distribution ofprivate copying remunerations to all rights owners. Appointed by the Ministryof Culture, pursuant to the Civil Code, RUR is a monopoly organization.

Administrative costs for collecting private
copying remuneration

Administrative costs for collection and distribution of private copying
remunerations are determined by law. Deductions can be up to 15%. The
current rate is 15%.

Distribution process

RUR distributes remuneration directly to rightholders.

Rate setting
How are levies/remuneration determined?

Levies/remuneration are determined by the Russian Government.

Which criteria are used for determining thelevies/remuneration?

Criteria for determining the levies/remuneration are: (1) copying behavior of
consumers; (2) reproduction/playback; 3) copying for personal purposes.

Are there any consumers or buyers exempt
from paying the levies?

Professional use does not count as private copying in Russian. Professional
equipment is not levied. This does not affect the rate.
The current legislation in Russian (see Art.1245 of the Civil Code) exempts
from levies the manufacturers of exported products and professional
equipment not intended for private use. The number of such manufacturers islimited by law.

Are there any products exempt from levies?
Are refurbished products exempt?

There are no specific groups that do not have to pay except for the companies
importing and producing professional equipment. Products made forprofessional use do not fall within the scope of the private copying system.

Are there any developments, negotiations on No. It is not an issue so far….
new rates (e.g., for cloud storage)?

Collection process
How frequently is payment due?

The terms of payments by the liable parties depend on the frequency ofimportation into the territory of the Russian Federation.
Payment is due once a quarter, unless the agreement states otherwise.

How do you monitor or intervene in themarket?

RUR sues the liable parties who are not compliant and/or takes other legal
actions.

Are exports exempted?

Exporters have the right to claim a refund for paid levies if they confirm thatthe equipment has not been used on the territory of the Russian Federation.

Who is considered an importer?

According to the law, the importer is the person responsible for declaring
imported goods to the Customs Union, which comprises Russia, Belorussia
and Kazakhstan. In 2016, Kirgizstan and Armenia joined as new members.

Distribution process
It is the legal obligation of RUR.

Frequency of distribution

According to the RUR statute, the remuneration is distributed no less thanonce a year (frequency of payment is fixed by the organs of RUR).

Which rightholders?

1.

Authors of musical and audio-visual works;

2.

Performers (singers and actors); and3.

Manufacturers of sound recordings or audio-visual works.

How are the distribution schemes
determined?

According to the Civil Code, distribution is based on statistical data. Data isallocated from relevant collecting societies on physical media sales, digitalsales, etc.

Distribution keys

Distribution scheme for audio:
1.

40% to authors of musical works;

2.

30% to performers of musical works; and3.

30% to manufacturers of musical works.

Distribution scheme for video:
1.

40% to authors of audio-visual works;

2.

30% to performers of audio-visual works; and3.

30% to manufacturers of audio-visual works.

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Who distributes the collected remuneration
to rightholders?

139Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

RUR is obliged to deduct an amount for social and cultural purposes thatshould not exceed 20% of the total collection.

Which body is responsible for allocationof funds to artists, cultural productions orsocial schemes?

Deduction for social and cultural purposes is established by law and should
be approved by the rightholders (Art. 1243 (4) of the Civil Code).

What is the amount dedicated to the social
and/or cultural fund in 2013?

2013 – 680,793,132.00 rubles

How can social and cultural funds be used?

Social and cultural funds are used for social and cultural purposes, such asmusical festivals, cinema production, support to young rightholders and workwith Russian heritage etc.

The Council of RUR takes the decision which must subsequently be
implemented by the management of the organization. All deductions aretransferred to the relevant Funds for further action.
2014 – 533,080,530.00 rubles

Legal developments and court cases
Legal developments

None.

Are there liable parties who deny
responsibility or payment for certain media/
devices?

For the time being we have managed to come to an understanding with thebiggest users.

Court cases

We have some but they are not significant.

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Applicable national rates

140

The fee is 1% of the production price per unit of equipment and storage media.
The list of equipment and storage media is determined by the Government.
The list contains equipment and storage media with the following features:
1. Equipment having a sound-recording or video-recording function and using magnetic, optical or semiconductor media (central memory units, memory units on discs, magnetic tapes and other media;
sound-reproducing equipment (including cassette players) having a sound-recording function andusing magnetic, optical or semi-conductor media; and video-recording or video-reproducing equipment
combined or not combined with video-tuner on magnetic tape, DVD players. etc.).
2. MMagnetic tapes and magnetic discs.
3. Optical media.
4. Semi-conductor media.

Revenue
Exchange Rate LCU/€
Total collections

39.62542.27150.91867.5842012 (RUB)

2013 (RUB)

2014 (RUB)

2015 (RUB)

1,172,902,000.00

3,400,968,660.95

2,675,402,652.50

2,184,731,176.45

RUR does not split the allocated compensation between types of equipment. Only the final figures of thetotal collection can be provided.

25. Slovak RepublicContact information
Country

Slovak Republic

Currency

Euro

Name of organization

SOZA – Slovak Performing and Mechanical Rights Society

Web sitewww.soza.sk

Contact Person 1

Mgr. Marek Očkay

Contact Person 2

Mgr. Tomáš Mikš

E-mail 1

marek.ockay@soza.sk

E-mail 2

tomas.miks@soza.sk

Address

Rastislavova 3

Postcode

821 08City

Bratislava

Phone+421 2 55 569 363

Fax+421 2 55 569 409

Legislation and fundamental facts
Copyright law

Copyright Act No. 185/2015 Coll.
According to Article 42 of Copyright Act No. 185/2015 Coll., copyright is not
infringed when a natural person makes a copy of a work for private purpose
which is neither directly nor indirectly commercial.
According to Article 36(2) of Copyright Act No. 185/2015 Coll., such use of
the work gives rise to an obligation to pay remuneration to the author inaccordance with the basis of its calculation and in the amount prescribed in
Annex No. 2 of Copyright Act No. 185/2015 Coll.

Remuneration system

Remuneration levied on media and equipment (devices).

Liable for payment

According to Article 36(3)(a) of Copyright Act No. 185/2015 Coll., remuneration
for a blank media usually used for copying musical works or technical devices
used for reproduction of phonograms or audio-visual recordings shall be paidby manufacturers, recipients from a Member State, importers from a third
country or persons who make them available for sale, including internet sale,for the first time on the market in the Slovak Republic.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

SOZA. Appointed by rightholders – SOZA; OZIS; LITA; SLOVGRAM – collective
management organizations representing different rightholders (by general
representation agreement between the societies).

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Definition of private copy system:141

Administrative costs for collecting private
copying remunerations

Joint administrative costs for collecting and distributing private copying
remunerations represent 10% of the collected amount.

Administrative costs for distribution ofprivate copying remuneration

Joint administrative costs for collecting and distributing private copying
remunerations represent 10% of the collected amount.

Distribution process

The collecting society is responsible for distribution of remuneration to theabove-mentioned four collective societies, which are in turn responsible for
distribution to rightholders.

Rate setting
How are levies/remuneration determined?

Levies are set directly by the Slovak Copyright Act (Annex No. 2 of the Act).
The criteria used are undisclosed by the lawmaker.

Are there any consumers or buyers exempt
from paying the levies?

The remuneration is not paid for levied objects intended for the personal useof the importer or recipient.

Are there any products exempt from levies?

The remuneration is not paid for levied objects intended for the personal useof the importer or recipient.

Are there any developments, negotiations on IT business is lobbying for the removal of SMART TV, mobile phones andnew rates (e.g., for cloud storage)?
tablets from the list of levied commodities.

Collection process
How frequently is payment due?

Payment is due quarterly.

How do you monitor or intervene in themarket?

Market control is carried out by exchanging data with several State organs,especially the customs office.

Are exports exempted?

Exports are exempted.

Who is considered an importer?

Producers; recipients from a Member State; and importers from a third
country or other persons who place media or devices on sale for the first timeon the Slovak market are considered importers.

International Survey on Private Copying
Law & Practice 2016

Distribution process
Who distributes the collected
remuneration to rightholders?

142

How are the distribution schemes
determined?

Distribution schemes are agreed on between respective collective management
societies (i.e., the rightholders).

Distribution keys

26.52% – LITA (literary, dramatic, audio-visual, choreographic and photographic works
and visual arts)

Each of the four above-mentioned collective societies distributes to therightholders associated with each organization (society) on a yearly basis.

Frequency of distribution

Annually

Which rightholders?

LITA (literary, dramatic, audio-visual, choreographic, photographic works and visual
arts)
SOZA (musical works – writers, composers and publishers)
OZIS (performers)
SLOVGRAM (performers and producers of phonograms)

24.48% – SOZA (musical works – writers, composers and publishers)
9.6% – OZIS (performers)
39.4% – SLOVGRAM (performers and producers of phonograms)

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

There are no social or cultural deductions from private copying remuneration.

Legal developments and court cases
Legal developments

New Copyright Act No. 185/2015 Coll. is effective from January 1, 2016 in
Slovakia.

Are there liable parties who deny
responsibility or payment for certain media/
devices?

Yes, manufacturers.

Applicable national rates
Blank MediaPrivate copying
levy% of import/sales
price, excluding
VAT

Audiotape (CC, MC)

6%Flash disc (USB, UFS, MS, MSD etc.)6%

Hard disc drive – external (HDD, SSD etc.)6%

Hard disc drive – internal - non-built in in PC (HDD, SSD, etc.)

6%

Memory card (SD, mini SD, micro SD, PCMCIA, MMC etc.)

6%

MiniDisc (MD, HI-MD)

6%

Optical carrier (Blu-ray disc, DVD, DVD-RW, CD, CD-RW etc.)

6%Videotape (VHS, HDV, Hi-8, Digital 8, Mini DV etc.)

6%

Other type of blank audio media

6%

Other type of blank audio-visual media

6%

Burning device for external optical carriers

3%

Burning device for internal optical carriers – not built into PC

3%

Camera0.35%

Desktop computer (PC)0.85%

Notebook

0.85%

MiniDisc recorder3%

Minisystem or microsystem capable of recording via USB port or otherwise

3%

MP3 and MP4 players

3%

Mobile phone

0.70%

Multimedia recorder or player capable of recording with internal hard disc, via a USB port or otherwise

3%

Radio-cassette with recording capacity3%

Set-top box with capable of creating or storing a copy of the work to other separate technical device or
media

3%

Smart TV with a built-in hard disc or capable of recording via a USB port or otherwise

3%

Tablet0.60%

Video camera

1%

International Survey on Private Copying
Law & Practice 2016

Technical Devices

Private copying
levy% of import/sales
price, excluding
VAT

143

Video game console

3%

Voice recorder

3%

Other type of technical audio recording device

3%

Other type of technical audio-visual recording device3%

All rates are listed in Annex No. 2 to the Copyright Act No. 185/2015 Coll.

Revenue
Exchange rate LCU/2

1.000

1.000

1.000

1.000

2012 (e)2013 (e)2014 (e)2015 (e)Audio revenues (media)

76,061.00

36,394.05

81,502.40

13,438.94

Video revenues (media)

120,557.00

155,878.23

210,619.01

204,436.81

Total ‘devices’

236,470.00

217,626.58

408,581.00

1,224,317.67

TOTAL REVENUE:

433,088.00

409,898.86

700,702.41

1,442,193,42

Devices revenues

International Survey on Private Copying
Law & Practice 2016

Additional Comments: We have only three accounting categories – audio (media), video (media) and devices.

144

26. Slovenia
Contact information
Country

Slovenia

Currency

Euro

Name of organization

IPF

Web sitewww.ipf.si

Contact Person 1

Viljem Marjan Hribar

Contact Person 2

Miha Šinkovec

E-mail 1

viljem.hribar@ipf.si

E-mail 2

miha.sinkovec@ipf.si

AddressŠmartinska cesta 152/VI

Postcode

1000

City

LjubljanaPhone+38615272930

Fax+38615272931

Legislation and fundamental facts
Copyright law“Copyright and Related Rights Act” & “Decree on the amounts of compensation for reproduction
for private or other internal use”

“Article 50: Private and other internal reproduction: (1) Subject to Article 37, the reproduction of apublished work shall be free, if made in no more than three copies and provided that the conditionsof paragraphs 2 or 3 are fulfilled. (2) A natural person shall be free to reproduce works: (a) on
paper or any similar medium through a photographic technique or other process having similareffects; and (b) on any other medium if this is done for private use, if the copies are not available
to the public, and if the reproduction is not intended for direct or indirect economic advantage. (3)Publicly accessible archives and libraries, museums and educational or scientific establishments
shall be free to reproduce, on any medium, works from their own copies for internal use, provided
that this is not done for direct or indirect economic advantage.”“Article 123: The right to remuneration: The performer shall have the right to remuneration for the
reproduction for private or other internal use, pursuant to Article 37 (2) of this Act.”“Article 123: The right to remuneration: The producer of phonograms shall have the right toremuneration for the reproduction for private or other internal use, pursuant to Article 37 (2) of thisAct.”
Remuneration system

Levies.

Liable for payment

Importer or retailer (first sale).

International Survey on Private Copying
Law & Practice 2016

“Article 37: Right to remuneration: (1) The author has a right to equitable remuneration for audio
or video recording, and for photocopying of his work, done for private or other internal use, under
Article 50 of this Act. (2) Remuneration on audio or video recordings, pursuant to the preceding
paragraph shall be paid: (a) upon first sale or importation of new appliances for audio or video
recording; and (b) upon first sale or importation of new blank audio or video recording media.”145

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

The licenses for collective management are issued by the SlovenianIntellectual Property Office. However, no license has been issued for blanktape levies since the end of 2009. There is an ongoing dispute between CMOs,
rightholders and IPO as a result of this delay. Prior to that IPF had a temporary
license, issued for 2008 and 2009.
4 out of 5 CMOs covering more than 80% of rightholders for private copying
have sent a joined application for a collecting license to the Slovenian
intellectual property office (SIPO). After one month, the remaining CMO(SAZAS) has applied for the same license via one of their satellites (Zapis).
SIPO did not want to take any decisions regarding both applications. As aresult, the situation in Slovenia is at a standstill.

Rate setting
How are levies/remuneration determined?

Unilaterally by the government

Which criteria are used for determining thelevies/remuneration?

Copying behavior

Are there any consumers or buyers exempt
from paying the levies?

Three types of copies are exempt from remuneration provided they are: (a)made by an individual for private usage; or (b) made by a library, museum, oran educational organization from its own copy and not intended for material
benefit.

Are there any products exempt from levies?
Are refurbished products exempt?

No.

International Survey on Private Copying
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Collection process

146

How frequently is payment due?

Depending on an agreement. In 2008 and 2009, it was agreed to issue invoices
on a quarterly basis.

Who is considered an importer?

The person importing into Slovenia from any foreign market.

Distribution process
Which rightholders

Authors, performers, producers

How are the distribution schemes
determined?

By law

Distribution keys

40:30:30 authors, performers and producers respectively.

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

NoApplicable national rates
I. Equipment
1.

Euros

Analog reproduction of audio and/or visual worksa.

Audio recording device:
0.5008Cassette recorder or similarb.

Video recording device:
3.7556

Video recorder or similar
2.

Digital reproduction of audio and/or video or written works:a.

Device designed exclusively for such reproduction
6.2594

CD writer, DVD writer, MiniDisc writer or similarb.

Device not exclusively designed for such reproduction
0.8346

Computer CD unit, computer DVD unit or similar
II. Individual data media
1.

2.

Analog media (audio cassette, video cassette, tape or similar):a.

up to 180 minutes

0.096

b.

over 180 minutes

0.192

Digital mediaa.

(i)Media designed exclusively for the reproduction of audio and/or visual works
0.1335

Audio CD, video DVD, MiniDisc or similar for every started 90 minutes(ii) 	Device with built-in memory, designed exclusively for the reproduction of audio
and/or visual worksb.

devices with up to 2 GB memory

4.1729devices over 2 GB memory

8.3459Media, not exclusively designed for reproduction of audio and/or visual works
Data CD, data DVD, computer hard disc, memory card, mobile phone or similar for
every started 1 GB capacity

0.0334 with a cap at 16.6917

Revenue2012 (2)2013 (2)2014 (2)2015 (2)

0

0

0

0

International Survey on Private Copying
Law & Practice 2016

Revenue147

27. Sweden
Contact information
Country

SwedenCurrency

SEK

Population

9,300,000

Name of organization

Copyswede

Web sitewww.copyswede.se

Contact Person 1

Liselott Silwer

Contact Person 2

Egil Ekbom

E-mail 1

liselott.silwer@copyswede.se

E-mail 2

egil.ekbom@copyswede.seAddress

Alströmergatan 12. 7 tr

Postcode

112 47City

StockholmPhone+46 (0)8 545 667 00

Fax+46 (0)8 667 88 11International Survey on Private Copying
Law & Practice 2016

Legislation and fundamental facts

148

Copyright law

According to Article 12 of the Copyright Act (1960:729), anybody is entitledto make one or a few copies of published works for private purposes. The
provision does not confer a right to make copies from an illegal source. The
provisions of the private copying remuneration are regulated in Section 26(k)(m) of the Copyright Right Act.

Remuneration system

Levy system

Liable for payment

Importers and manufacturers are liable for the reporting and payment.
Retailers have an option to register at Copyswede and thus take over the
responsibilities from the importers and manufacturers.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

Copyswede is responsible for the collection and distribution of the
remuneration.
According to Article 26 m of the Copyright Act, an organization representing
a substantial number of Swedish authors and holders of neighboring rights
in the field concerned is entitled to collect the remuneration. Copyswede istasked by its member organizations and co-operative partners to collect the
remuneration. (The member organizations representing Swedish authors andperformers, as well as Copyswede have partnership agreements with TV andradio corporations and with organizations of film and phonogram producers).

Administrative costs for collecting private
copying remunerations

The cost of collecting private copying remunerations was 10.2 % in 2015.

Administrative costs for distribution ofprivate copying remuneration

The cost of distributing private copying remunerations was 4.6% in 2014.

Distribution process

Copyswede is responsible for the distribution to rightholders, both directly toindividual rightholders or through organizations of rightholders.

Rate setting
How are levies/remuneration determined?

The levies are fixed in the law. In practice, the rates are set throughnegotiations and in compensation claims directed to the importers.

Which criteria are used for determining thelevies/remuneration?

The law contains certain criteria for reducing the levies (in practice, this havebeen achieved through negotiations with the industry). One cited example
is if the authors have received some other form of compensation for private
copying or if the products are intended for purposes other than private use.

Are there any consumers or buyers exempt
from paying the levies?

The law provides an explicit exception regarding sales for professional use
and sales to organizations for functionally disabled persons.

Are there any products exempt from levies?
Are refurbished products exempt?

Yes, recycled products are exempted.

Are there any developments, negotiations on No.
new rates (e.g., for cloud storage)?

Collection process
How frequently is payment due?

Once a month

How do you monitor or intervene in themarketCopyswede performs regular market control and has the right to audit
importers and retailers. The right to audit is regulated in agreements with theimporters.

Are exports exempted?

Yes.

Who is considered an importer?

According to Article 26(k). “When a businessman, in the course of his
professional activities, manufactures or imports into this country”.

Who distributes the collected remuneration
to rightholders?

Collected remunerations are distributed by Copyswede, STIM, SAMI/IFPI, film
producers and broadcasting organizations on a yearly basis.

Frequency of distribution

Once every year

Which rightholders?

Authors, performers and producers.

International Survey on Private Copying
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Distribution process

149

How are the distribution schemes
determined?

The revenue for each product is divided between audio and video copying.
Accordingly, Copyswede commissions market research companies to carryout annual copying surveys. Revenue is distributed based on the resultsof the copying surveys. Following a distribution proposal from Copyswede,
negotiations take place between Copyswede and the organizations ofrightholders. Both parties then set the distribution schemes.

Distribution keys

Distribution scheme for audio:
5.33% – Union of Broadcasting Organizations (UBOS)
33.3 % – STIM
33.3 % – SAMI
33.3% – IFPIDistribution scheme for video:
5.33% – Union of Broadcasting Organizations (UBOS).
In 2008, an agreement with representatives from the US copyright holders
was signed, allocating 20% of the total share of the collected private copying
levy relating to video copying, net of the share accrued to UBOS.
33% – Video and film producers
67% – IFPI and Copyswede’s Member Organizations

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

No.

Legal developments and court cases

International Survey on Private Copying
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Legal developments

150

Over the years, Copyswede has signed many agreements with various
industry representatives and regulated the remuneration for different
products through agreements. In recent years, stakeholders within theindustry have questioned the suitability of the remuneration for certain
product types, such as mobile phones, tablets and computers.
Copyswede has claimed remuneration for mobile phones, computers, tablets,internal hard drives and gaming consoles. Some importers have admitted theliability to pay but others have refused and several legal proceedings havebeen initiated.

Court cases

Copyswede has sued two importers of mobile phones and has gained support
in both the first (2014) and second instance for its claims (2015). An appeal has
been filed against the judgments before the Supreme Court (2015).
In July 2014, Copyswede sued a company for its imports of computers andtablets. A court decision is expected in the autumn of 2015.
In December 2014 Copyswede sued two importers of external hard drive
discs. The companies in question refused to pay the remuneration on the
products despite their participation in the so-called UMA proceedings(mentioned under 2013), during which an Arbitration Board reviewed the law
and found that this product was covered by the compensation system (aswere USB sticks).

Applicable national rates
Blank Media

Rate (SEK)Capacity

C-cassette

0.025

Per minute

MiniDisc

0.020

Per minute

CD-R audio

0.020

Per minuteE-cassette (VHS)0.025

Per minute

Optical Storage Media
CD-R all up to 900 MB

0.60

Per unit

CD-RW all up to 900 MB

0.95

Per unit

DVD-R / + R 4.7 GB

2.65

Per unit

DVD-RW / + RW 4.7 GB

4.25

Per unit

DVD-RAM 4.7 GB 4.25 SEK

4.25

Per unit

DVD-R / + R double layer 8.5 GB

4.80

Per unit

Flash Media (2012)
USB sticks< 2GB-80 GB

1GB> 80 GB

80

Unit< 2GB-80 GB

1GB> 80 GB

80

Unit

Devices
External hard drives (2012)

Internal hard drives (2013)< 2GB-80 GB

1GB> 80 GB

80

Unit< 2GB-80 GB

1GB> 80 GB

80

Unit< 2GB-80 GB

1GB> 80 GB

80

Unit

350

GB

PC (2013)

Mobile phones (2013)
Consumer Electronics
MP3 players and all devices with built-in hard drives, including set-top boxes, DVD players, TVs and other media players:
0 - 320 GB

1

GB>320 GB

320

unit

International Survey on Private Copying
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Tablets (2013)151

Revenue
Exchange rate LCU/2

8.705

8.649

9.102

9.355

2012 (SEK)2013 (SEK)2014 (SEK)2015 (SEK)

Audio cassette

296,611224,277

120,891

96,997

Audio CD

158,378

80,391

65,59047,208MiniDisc

12,377

982

134

176

Media/devices

Video cassette

436,931356,736

368,886

287,748

CD-R/RW

4,075,307

2,965,720

1,803,685

1,126,088

MP3 players

4,605,231

1,869,421

727,083

265,402

Hard disc video Recorders

41,516,275

39,579,605

65,262,270

45,450,170

DVD-R/RW

15,157,985

10,439,617

6,194,140

3,688,321

USB memory

9,390,604

20,266,920

17,036,992

16,861,504

External hard drives

9,863,160

28,484,240

24,309,232

18,118,784

Computers

6,894,054

15,178,680

6,652,348

Tablets

1,272,124

3,521,428

434,464

Internal hard drives

1,476,352

3,168,124

2,990,598

Game consoles

102,320

50,22423,040

Mobile phones

36,852

69,993

174,622

114,049,611

137,877,352

96,217,470International Survey on Private Copying
Law & Practice 2016

Total collected

152

85,512,859

28. Switzerland
Contact information
Country

Switzerland

Currency

CHF

Name of organization

SUISA

Web sitewww.suisa.ch

Contact Person 1

Frank Dietiker

Contact Person 2

Anke Link

E-mail 1

frank.dietiker@suisa.ch

E-mail 2

anke.link@suisa.ch

Address

Bellariastrasse 82

Postcode

8038

City

ZürichPhone+41 44 485 66 66

Fax+41 44 481 67 44

Legislation and fundamental facts
Swiss copyright code of 1992, last revised 2008.

Remuneration system

leviesLiable for payment

Importers and manufacturers are liable for payment.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

SUISA is appointed by rights holders.

Administrative costs for collecting private
copying remunerations

274,268 Swiss francs in 2015

Administrative costs for distribution ofprivate copying remuneration

983 453 Swiss francs in 2015

Distribution process

The collecting society is also responsible for distribution to rightholders.
SUISA distributes directly to its own members the share for music copyrights.
The rest is distributed through organizations of other rightholders.

International Survey on Private Copying
Law & Practice 2016

Copyright law

153Rate setting
How are levies/
remuneration
determined?

Levies and remuneration are determined through negotiations between collecting societies andassociations of blank carrier importers or producers. If there is no settlement, the Arbitration
Commission appointed by the Ministry of Justice decides.

Which criteria are used
for determining thelevies/remuneration?

Swiss law states that “Compensation shall normally amount to a maximum of 10 per cent of
the proceeds from or cost of utilization for author’s rights and a maximum of 3 percent forneighboring rights”. Regarding private copying, we usually negotiate the levy on the basis of thecosts of utilization (basically the price consumers have to pay for the device in consideration of
the extent to which the device is used for private copying) and take into account:
−−
−−
−−

the copying behavior;already licensed copies (i.e. purchased from a licensed download shop like iTunes); andthe share of works that are not (or are no longer) copyright-protected.

As decreasing device prices lead to decreasing levies - although private copying increases we started to bring up consumer savings as a basis for calculation of the levy. We argue that
consumer savings are “proceeds” according to Swiss law.
We define “consumer savings” as the amount of money a consumer is able to save because of
the possibility of private copying. Of course, not every copied work would have been purchased.
Nonetheless, to determine an average saving we posed the following questions to a panel ofconsumers (exemplified with musical works):
Do you have any musical works on your device that you received free of charge, e.g., from filesharing services, recording from radio or TV, etc.?
−−
−−
−−
−−

If yes, how many?
Are there any musical works you received free of charge as promotion?
If yes, how many?
How many of the works you received free of charge would you have purchased if you hadn't
had the possibility to receive them free of charge?

How many of the works you received as promotion would you have purchased if you hadn't had
the possibility to receive them as promotion?

International Survey on Private Copying
Law & Practice 2016

We then multiply the result by the most common price for this kind of works, and this forms thebasis for calculating the levy.

154

We still have not yet agreed on any calculation procedure with our negotiating partner. However,
the outcome of our current consumer panel shows that consumer savings decreased andwon't lead to appropriate levies. Hence, we did not bring up this argument during this year’s
negotiations.
Are there any consumers
or buyers exempt frompaying the levies?

Depending on the type of media, professional use is taken into account and gives rise to a lower
levy. If media is ascertained to have been used for commercial copying, for instance when
the Swiss Broadcasting Corporation imports blank DVDs to make copies of their broadcasts,
then there is a possibility to get a refund of the levy. During negotiations on the rate for tablets,
a survey commissioned by Swiss associations of importers and producers proved that evenprofessional users do make private copies.

Are there any products
exempt from levies? Are
refurbished products
exempt?

When we first negotiated the rate for blank audio and video tapes, we exempted tapes thatare obviously not meant for private copying but for professional use. However, having rates formore advanced technical media in place today, exemptions only apply to hard discs in personal
computers. However, if a blank carrier is definitely not eligible for private copying, they are notlevied.
There are no provisions in our rates on refurbished products.

Are there any
We are currently negotiating to apply levies on mobile phones and so-called smart watches.
developments,
There are no provisions on cloud storage at the moment. Swiss Copyright Law is currently undernegotiations on new rates
revision and we are waiting for the outcome.
(e.g., for cloud storage)?

Collection process
How frequently is payment due?

Payment is due 30 days after invoice date.

How do you monitor or intervene in themarket?

At SUISA’s request, producers and importers are required to grant SUISA
access to their warehouses and records for verification purposes. SUISA
may request a corresponding confirmation from the producer’s or importer’s
auditors. Verification may be entrusted to an independent third party; if theverifications show that the producer’s or importer’s declarations were false or
incomplete, the latter shall bear the verification costs; otherwise those costs
will be borne by the party who requested the third-party verification.

Are exports exempted?

Exports are exempted and exporters can claim a refund if exports can beproved.

Who is considered an importer?

The importer is any company importing blank media into the territory of
Switzerland, regardless of whether it uses the media itself or offers it toretailers or directly to private customers.
As for cross-border situations, a foreign provider is also regarded as animporter if the handling of a purchase for Swiss customers is equal to apurchase from a domestic provider.

Distribution process
Who distributes the collected remuneration
to rightholders?

SUISA distributes directly to its own members the share for music copyrights.
The rest is distributed through organizations of other rightholders.

Frequency of distribution

Distribution to other collecting societies is quarterly; distribution to SUISA’s
rightholders is yearly.

Which rightholders?

Rightholders (categories) who receive private copying remunerations are:
−−
−−
−−
−−
−−

holders of music copyrights;
holders of copyrights for literature and visual works;
holders of copyrights for dramatic and audio-visual works;
holders of copyrights for audio-visual works; andholders of neighboring rights.

According to Article 60 of Swiss Copyright Law, the split between copyrights
and neighboring rights is 3:1. The distribution of the copyright shares is amatter for rightholders. The societies negotiate a distribution scheme per rate
based on studies on consumers use of media; i.e., what kind of repertoire isstored and to what extent.

Distribution keys

“At the moment, we have four rates for blank media. However, one is only a
combination of three former separated rates (audio/video cassettes, blank CD
and blank DVD). In addition, we have separate rates for:
−−
−−
−−

MP3-players, digital video recorders and the like (Common tariff 4d);
mobiles (Common tariff 4e); andtablet PC (Common tariff 4f).”

As of 2017, the three latter rates will be combined into one but still withseparate levies per category of products.
As the rates for MP3 players, digital video recorders, mobiles and tablet PCs
are the most significant, we only describe the schemes for these three rates.
Distribution scheme for common tariff 4d for audio:
58.7% – SUISA (music copyrights)
4.37% – Pro Litteris (copyrights for literature and visual arts)
2.15% – SSA (copyrights for dramatic and audio-visual works)
9.78% – SUISSIMAGE (copyrights for audio-visual works)
25% – Swissperform (neighboring rights)

International Survey on Private Copying
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How are the distribution schemes
determined?

155

Distribution keys (continued)

Distribution scheme for common tariff 4d for video:
9.49% – SUISA
5.325% – Pro Litteris
2.66% – SSA
57.525% – SUISSIMAGE
25% – Swissperform
Distribution scheme for common tariff 4e:
The is a fixed rate for copyrights and another fixed rate for neighboring rights.
The relation between these two rates is determined by our studies on copying
behavior and is approximately 75 % for copyrights and 25 % for neighboringrights). The rate for copyrights is distributed as follows:
80.5% – SUISA
11% – Pro Litteris
3.5% – SSA
5% – SUISSIMAGE
Distribution scheme for common rate 4f:
There is a fixed rate for copyrights and another fixed rate for neighboringrights. The relation between these two rates is determined by our studies
on copying behavior and is approximately 75 % for copyrights and 25 % forneighboring rights). The rate for copyrights is distributed as follows:
60% – SUISA
20% – Pro Litteris
4.5% – SSA
15.5% – SUISSIMAGE

International Survey on Private Copying
Law & Practice 2016

Social and cultural funds for collective purposes

156

Is there a social and/or cultural deduction?

There is no such deduction before distribution of shares to the respective
societies. But each society makes a deduction of its own. SUISA deducts 10%
for social and cultural purposes.

Which body is responsible for allocationof funds to artists, cultural productions orsocial schemes?

The deductions are determined by rights owners.

What is the amount dedicated to the social
and/or cultural fund in 2013?

The total amount dedicated to social and/or cultural funds of all five Swiss
CMOs in 2015 was 1,191,700 Swiss francs, representing 8.95 % of the collectedamount.

How can social and cultural funds be used?

Allocation to artists, cultural productions: SUISA Foundation for Music.
Allocation for social purposes: SUISA’s pension fund for authors andpublishers.

Legal developments and court cases
Legal developments

Levies for private copying are highly disputed at the moment, as seems to be
the case all over Europe.
In 2013, the Swiss Ministry of Justice set up a working group to investigate
the possibilities of optimizing the collection of copyright remuneration.
Members of this working group are representatives of artists, Producers,
associations of copyright users, consumers and administration.
As an outcome of the working group set up by Swiss Ministry of Justice, theSwiss Federal Council submitted the first draft of a revised Copyright Law forconsideration at the end of last year.
The main requests of SUISA and its Swiss sister societies are as follows:
−−

−−

−−

Current legal copies made from online shops like iTunes are not to belevied. However, under the new law, if iTunes, for instance, allows
download on several devices, all these copies should be allowed only if
the rightholders give permission.
The draft new copyright law does not contain any provisions on cloudcomputing. Swiss CMOs suggest the application of private copying levies
to cloud services and that service providers who grant access to online
storage should be given the same treatment as importers of storage
media.
What is known as ephemeral copies on consumers’ devices when using
streaming services are also private copies and should therefore also be
levied.

Consultations ended on March 31. The draft may be amended andsubsequently discussed in parliament.

Applicable national rates
Audio

Rate valid in 2016 (CHF)

Capacity

0.33

60 minutes

CD-R/RW data

0.05

60 minutes/525MB

DVD-R/+R

0.31

4.7 GB

DVD-RW/+RW/RAM

0.88

4.7 GBDVD R Blu-ray/HD

0.33

25 GB

0.93

25 GB

0.46

60 minutes

DVD RW Blu-ray/HD
Video
VHS

Consumer Electronics

Flash media and HD in audio devices and all portabledevices other than mobiles and tablet PCs, e.g. MP3players

Flash media and HD in audio-visual devices other thanmobiles, tablet PCs and personal computers, e.g. digital
video recorderFlash media and HD in tablets

0.63-per GB ≤ 4 GB

0.572

-per GB ≤ 8 GB

0.332

-per GB ≤ 16 GB

0.2552-per GB ≤ 32 GB

0.1992-per GB > 32 GB

0.085-per GB ≤250 GB

0.050-per GB ≤ 1 TB

0.030

-per GB > 1 TB

0.15

-per GB ≤16 GB

0.12-per GB ≤32 GB

0.10-per GB > 32 GB

International Survey on Private Copying
Law & Practice 2016

Audio cassette

157

0.12
0.10
0.08

Mobile phones

0.07
0.06
0.06

-per GB ≤4 GB-per GB ≤8 GB- per GB ≤16 GB- per GB ≤32 GB- per GB ≤64 GB- per GB > 64 GB max. 2%of catalogue

Revenue
Exchange rate LCU/2

1.205

1.231

1.215

1.067

2012 (CHF)

2013 (CHF)2014 (CHF)2015 (CHF)

Cassette, MiniDisc etc.

67,42051,70442,052

38,983

VHS

195,285

81,287

67,17247,333

943,925

800,890

487,144

485,741

3,113,932

1,895,594

1,273,230

1,246,965

Blank Media

Optical Storage media
CD-R/RW data
DVD-R/+R
DVD-RW/+RW/RAM
DVD R Blu-ray/HD
DVD RW Blu-ray/HDInternational Survey on Private Copying
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Consumer Electronics

158

Flash media and HD in audio devices
and all portable devices other thanmobile, tablets and PCs

2,658,008

2,102,109

1,156,808

938,612Flash media and HD in audio-visual
devices other than mobiles, tablet PCs
and personal computers. e.g. digital
video recorder

1,146,514

1,671,118

1,316,715

1,264,510

701,1813,630,737

4,065,480

5,964,669

5,225,758

13,938,525

13,313,383

Flash media and HD in tablets
Mobile phones
Total

8,124,905

7,303,882

2 9 . Tu r k e yContact information
Country

TurkeyCurrency

Turkish liraName of organization

Phonogram Producers Collecting Society (IFPI national group Turkey)

Web sitewww.mu-yap.org

Contact Person 1

Asli Devrim Ugurlu

Contact Person 2

Ahmet Asena

E-mail 1

disiliskiler@mu-yap.org

E-mail 2

genelsekreterlik@mu-yap.org

Address

Turnacibasi Cad.Kuloglu

Postcode

Mahallesi No10. Beyoglu

City

Istanbul

Phone+90 212 292 46 13

Fax+90 212 292 46 17

Legislation and fundamental facts
Copyright law

Turkish Copyright Law, Article 38 and Article 44.

However, there is an obligation on importers and manufacturers to pay acertain amount from the blank media and devices to the account of the
Ministry of Culture and Tourism (MOCT).
Remuneration system

LeviesLiable for payment

Legal liability moment for importers: before the custom declaration of devices
and blank media and based on CIF amount. For manufacturers: within 15 days
after distribution of the devices and media to the local market, with an amountbased upon the manufacturing prices.

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Private copying is allowed under Article 38, but levies are not regulated in the
law.

159

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:None. Remunerations are collected by the Minister of Culture and Tourism(MOCT), which has the legal monopoly.

Rate setting
How are levies/remuneration
determined?

The amount of payments for blank media/devices is determined by the government.

Which criteria are used for determining
the levies/remuneration?

The rate is determined by a government decision based on the General Rate
Statistic Position Number.

Collection process
How frequently is payment due?

Importers and manufacturers have to report their imports, manufacturing
quantities and prices to the Ministry of Culture and Tourism according to thedecision of government.

Distribution process
Who distributes the collected remuneration
to rightholders?

No distribution scheme.

Distribution keys

Rightholders do not receive any fair compensation from these payments
and all the revenue from blank media and devices is used by the Ministry of
Culture and Tourism.

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

The Ministry of Culture and Tourism is fully authorized to use these amounts
for cultural purposes.

Legal developments and court cases
Legal developments

Private copying is regulated by the Turkish Copyright Law but fair compensation is notincluded. Levies are not explicitly regulated. There is an obligation on manufacturers andimporters to pay an amount (not exceeding 3% of the manufacturing price or import costs) for
blank media and devices. However, these are not levies in the Copyright Law.
Articles 38 and 44 have to be amended according to Copyright Directive 2001/29 andinternational agreements. The articles are provided below:

International Survey on Private Copying
Law & Practice 2016

Article 38 (Amendment: July 7, 1995 - 4110/14; February 21, 2001 - 4630/19): It is permitted
to reproduce all intellectual and artistic works for personal use without pursuing profit.
However, such reproduction may not prejudice the legitimate interests of rightholders
without good reason or conflict with the normal exploitation of the work.

160

Article 44 (second and other related paragraphs). (Amendment: February 21, 2001 - 4630/23):
Natural and legal persons who manufacture or import for commercial purposes any kind ofrecording media such as blank video cassettes, audio cassettes, computer discs, CDs, DVDs
and all kinds of technical equipment used for the reproduction of intellectual and artistic
works shall collect and deposit into a special account to be opened with a national bank in
the name of the Ministry of Culture and Tourism, every month, not later than the middle of thefollowing month, an amount to be determined by the Council of Ministers, not exceeding 3%of the manufacturing or importation costs. (Addition: July 14, 2004 - 5217/17): A quarter of theamount collected in the special account shall be transferred to the account of the Ministry of
Culture Central Accounting Office and shall be recorded as revenue in the budget.
(Amendment: February 21, 2001 – 4630/23; July 14, 2004 - 5217/17): The amounts remaining inthis account shall be used to strengthen the intellectual property system and execute culturaland artistic activities. The rules and procedures governing the distribution and use of thesefunds shall be laid down by a by-law to be issued by the Ministry of Culture and Tourism. The
allowance, which is necessary for activities relating to protection of the cultural heritage
within and outside the country, shall be included in the budget of the Ministry.
(Amendment: March 3, 2004 - 5101/15): Rules and procedures regarding the application ofthis article and the fees to be collected shall be laid down by a by-law to be issued by the
Ministry of Culture.

30. Ukraine
Contact information
Country

UkraineCurrency

hryvnya

Name of organization

Ukrainian Music AllianceWeb sitewww.uma.in.ua

Contact Person 1

Pavlo Kalenychenko, director

E-mail 1

pavlo@uma.in.ua

E-mail 2

uma@uma.in.ua

Address

Off. 614, 1-5, Artema Str.

Postcode

4053

City

Kyiv

Phone

+38 (044) 272 05 64

Fax+38 (044) 272 05 64

Legislation and fundamental facts
Law of Ukraine on Copyright and Related Rights (also governmental resolution
and the orders of Ministries). It is stipulated in Article 25(2) and Article 42(2) ofthe Law.

Remuneration system

There is a levy system

Liable for payment

Importers and manufacturers are liable for payment.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:

The Ukrainian Music Alliance is appointed by law and by decision of the
Ministry of Science and Education.

Distribution process

The alliance is responsible for collection and distribution, and it distributes torightholders and other collecting societies.

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Copyright law

161

Rate setting
How are levies/remuneration determined?

Levies are determined by law; a strict list of levies is established by theGovernment Resolution on Equipment.

Are there any products exempt from levies?

Exports; equipment imported by natural persons for private purposes only; andprofessional equipment are exempted.

Collection process
How frequently is payment due?

Payment is due after import (manufacturing).

How do you monitor or intervene in themarket?

The market used to be controlled by the Ukraine Music Alliance receiving
information from SIPSU (State Service of Intellectual Property of Ukraine),
which in turn received this information from the Custom Service of Ukraine.
SIPSU has currently stopped providing us with this necessary information
for no reason.

Are exports exempted?

Exports are exempted.

Distribution process
Who distributes the collected remuneration
to rightholders?

The Ukrainian Music Alliance distributes yearly to authors, performers,
producers as well as their successors. The Ukrainian Music Alliancedetermines the distribution schemes; the remuneration is distributed
according to rates of internet search systems for phonograms (musicalworks) and films

Frequency of distribution

Annually or twice a year (it depends on the total collected)

Which rightholders?

Authors, performers, producers as well as their successors.

How are the distribution schemes
determined?

The Ukrainian Music Alliance determines the distribution schemes.

Distribution keys

Remuneration is distributed according to rates of Internet search systems forphonograms (musical works) and films

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Legal developments and court cases

162

Legal developments

There is a draft of Law that in fact excludes any private copy levies. Now thisdraft is in the Ukrainian Parliament.

Are there liable parties who deny
responsibility or payment for certain media/
devices?

Yes.

Court cases

We have more than 20 cases against importers who refuse to pay levies.

Applicable national rates
The amount of deductions, paid by manufacturers and importers of equipment and levies applied locally toworks and performances recorded in phonograms and (or) videograms. Rates as of July 3, 2014.
Name of equipment and levies

Rate of deductions,percentage

1. MP3 player with one function (MP3 player, MP3 player with radio feature, MP3 player with thedisplay, FM-tuner with playback functions as well as video and image files)

1

2. Music player having a tape recorder and CD-ROM drive with recording function

0.25

3. Music player having a tape recorder and DVD-ROM drive with recording function

0.35

4. Music player having CD / DVD-ROM drive with recording function for flash card

0.06

5. Music player having a hard drive / flash card

0.06

6. Radio having a tape recorder and recording function

0.32

7. Radio having MD-drive with recording function

0.32

8. Radio having a CD-ROM drive with recording function

0.18

9. Radio having a CD-ROM drive with recording function for flash card

0.02

10. CD player with recording function

0.31

11. DVD player with recording function

0.75

12. Hard disc “Standard”

0.3

13. Recorder for computer with CD-ROM drive

0.75

14. Recorder for computer with DVD-ROM drive, HD DVD-ROM drive or Blu-ray

1

15. Tape recorder with recording function

1.5

16. Multimedia-rich MP3 player

0.38

17. Car music player having CD-ROM drive with recording function

0.36

18. Car music player having CD-ROM drive with recording function on other media

0.1

19. VCR with recording function

1.5

20. Player for DVD-ROM drive with recording function on other media via USB

0.09

21. Player for DVD-ROM drive with recording function and HDD

1

22. Player for DVD-discs and VHS cassette with recording function

1

23. Player for HD DVD-ROM drive with recording function

0.4

24. Player for HD DVD-ROM drive with recording function and HDD

0.62

25. TV with VCR or hard drive or player with DVD-ROM drive having a recording function which iseither built in or on a flash card

0.17

26. Notebook with optical drive for CD / DVD-RW-drive

0.2

27. Cell phones (mobile phone), tablet

0.15

28. Memories/ hard drives

0.75

29. Discs for laser reading systems

0.75

30. Audio cassettes

1

31. Video cassettes

1

32. Memory cards ( “smart card”)

0.75

33. Flash cards

0.75

Note: Amount of deductions applied to equipment and media (excluding VAT):
For importers – percentage of the value specified in the foreign trade agreement (contract);
For manufacturers – percentage of the sales price.

Exchange rate LCU/2Media/Devices
Revenues

10.267

10.61315.77024.2272012 (HRN)

2013 (HRN)

2014 (HRN)2015 (HRN)

636,208

405,779

189,665

3,035,560

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Revenue163

31. United States
Contact information
Country

United States

Currency

US Dollars

Name of organization

Alliance of Artists and Recording Companies (“AARC”)

Web sitewww.aarcroyalties.com

Contact Person 1

Linda R. Bocchi. Esq. Executive Director

Contact Person 2

Mike Stern. Director of Royalties and FinanceE-mail 1

lbocchi@aarcroyalties.com

E-mail 2

mstern@aarcroyalties.com

Address

700 N. Fairfax Street. Suite 601

Postcode

22314

City

Alexandria, Virginia

Phone+1 703.535.8101

Fax+1 703.535.8105

Legislation and fundamental facts
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Copyright law

Audio Home Recording Act of 1992. Pub. L. No. 102-563. 106 Stat. 4237 (Oct. 28.
1992). Codified at 17 U.S.C. Article1001 et seq.
AHRA requires the payment of fees upon distribution of certain digital audio
recording devices and digital audio recording media and the inclusion of aserial copy management system (SCMS) in all digital audio recording devices
and digital audio interface devices imported, manufactured or distributedin the United States. Such a system allows unlimited first generation digital
copying of sound recordings, but prevents the making of digital copies fromcopies.

Remuneration system

AHRA also requires importers/distributors or manufacturers/distributors ofcertain digital audio recording devices and digital audio recording media tomake royalty payments for each of these devices or media they distribute.
Definition of private copy according to AHRA is copying by consumers oflegally obtained sound recordings for personal use.

Liable for payment

Under the AHRA, royalties must be distributed based on sales in the US during
the year for which the royalties are collected – the royalty year. Royalties
must be paid by importers/distributors or manufacturers/distributors of certain
digital audio recording devices, digital audio recording media and digitalaudio interface devices manufactured or imported and distributed in the
United States.

164

Importers/distributors or manufacturers/distributors of certain digital audio
recording devices, digital audio recording media and digital audio interface
devices, manufactured or imported and distributed in the United States.

Collecting society: Collection and distribution
Collecting society or CMO is appointed by:Alliance of Artists & Recording Companies is a non-profit, tax-exempt privateorganization. Featured artists and producers contractually sign up with AARC.

Administrative costs for collecting private
copying remunerations

Under AARC bylaws, the AARC is allowed to deduct its actual costs of
distribution, as approved by the AARC Board, from all the royalties it
distributes that year.

Administrative costs for distribution ofprivate copying remuneration

Based on actual costs of distribution for a particular year, as approved by the
AARC Board, and not on an artificial percentage.

Distribution process

Conducted by collection society.

Rate setting
How are levies/remuneration determined?

AHRA establishes the rate. Devices: 2% of the distribution price with amaximum of $8 per device and $12 in the case of a physically integrated unit
containing more than 1 device and $1 minimum. Media: 3% for media.

Which criteria are used for determining thelevies/remuneration?

If a device or medium falls within the definitions in AHRA, royalties must be
paid.

Are there any consumers or buyers exempt
from paying the levies?

Professional devices are exempt. Refunds are therefore not applicable.

Are there any products exempt from levies?
Are refurbished products exempt?

The importers/distributors or manufacturers/distributors of devices and media
that fall within the definition of a Digital Audio Recording Device (“DARD”),
Digital Audio Recording Medium (“DARM”) and Digital Audio Interface
Devices (“DAIDs”) must pay the levies upon distribution.

Collection process
Payments are required on a quarterly basis.

How do you monitor or intervene in themarket?

AARC conducts enforcement activities to ensure payments are made by theimporters/distributors or manufacturers/distributors of DARDs, DARMs and
DAIDs.

Are exports exempted?

Yes, because the DARDs, DARMs and/or DAIDs must be distributed in the
United States

Who is considered an importer?

AHRA covers the manufacturer or importer, whichever party distributes the
DARDs, DARMs and/or DAIDs in the United States for ultimate transfer toconsumers in the US. There is no definition for importer.

Distribution process
Who distributes the collected remuneration
to rightholders?

Alliance of Artists and Recording Companies distributes annually to Featured
Recording Artists and Sound Recording Copyright Owners (Producers).
Distribution methods are determined by the AHRA.

Frequency of distribution

AARC distributes annually contingent on having received the royalties fromthe federal government.

Which rightholders

AARC represents Featured Artists and Sound Recording Copyright Owners(Producers). AARC distributes directly to rightholders and through collectives
based on bilateral agreements.

How are the distribution schemes
determined?

Under the Audio Home Recording Act of 1992, the royalties must be
distributed based on sales of music during the year for which the royalties
were collected.

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How frequently is payment due?

165

Distribution keys

Distribution scheme for audio:
−−
−−
−−
−−

Sound Recordings Fund (SRF) – 2/3 of total DART fund
AHRA requires the allocation of 96% to Sound Recording CopyrightOwners and Featured Recording Artists, as follows:Sound Recording Copyright Owners’ Sub-fund – 60%
Featured Recording Artists’ Sub-fund – 40%

The AFM & SAG-AFTRA Intellectual Property Fund
−−
−−
−−
−−

Non-Featured Artists – 4% of SRF
Musical Works Fund (MWF) – 1/3 of total DART fundWriters’ Sub-fund – 50% of MWF
Publishers’ Sub-fund – 50% of MWF

Distribution scheme for video:
No private copy law for video.

Social and cultural funds for collective purposes
Is there a social and/or cultural deduction?

There is no deduction for collective (social and/or cultural) purposes.

Applicable national rates
Blank Media

Rate

Capacity

3% of the transfer price for media
Devices, Hardware, PC, HDD

Per unit

Rate

Capacity

2% of the transfer price for devices*

Per unit*Maximum 8 USD per device or 12 USD per multi-integrated device and minimum 1 USD per device.

Revenue
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Exchange rate LCU/€

166

Media/Devices
Total Revenues

1.285

1.328

1.327

1.109

2012 (USD)

2013 (USD)

2014 (USD)

2015 (USD)

1,700,000

775,000

390,000

150,000

Annex: Relevant Case Law from the Court of Justice of theEuropean Union
In Europe, the private copying exceptions as laid down in the national laws of EU Member States are basedon Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on
the harmonization of certain aspects of copyright and related rights in the information society:23
Article 5 Exceptions and limitations[...]
2. Member States may provide for exceptions or limitations to the reproduction right provided for in
Article 2 in the following cases:[...](b) in respect of reproductions on any medium made by a natural person for private use and for ends thatare neither directly nor indirectly commercial, on condition that the rightholders receive fair compensation
which takes account of the application or non-application of technological measures referred to in Article
6 to the work or subject-matter concerned;
National judges may refer preliminary questions to the Court of Justice of the European Union (CJEU) withregard to the interpretation of the Directive. The CJEU has delivered several judgments on private copying
exception in the last couple of years. The answers that the CJEU has given to the preliminary questions inthese cases are listed below. The full texts of the judgments are available at http://eur-lex.europa.eu.

C-467/08, October 21, 2010 – Padawan/SGAE
Indiscriminate application of the private copying levy
1. The concept of “fair compensation”, within the meaning of Article 5(2)(b) of Directive 2001/29/EC of
the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspectsof copyright and related rights in the information society, is an autonomous concept of European Union
law which must be interpreted uniformly in all the Member States that have introduced a private copying
exception, irrespective of the power conferred on the Member States to determine, within the limits
imposed by European Union law in particular by that directive, the form, detailed arrangements forfinancing and collection, and the level of that fair compensation.

3. Article 5(2)(b) of Directive 2001/29 must be interpreted as meaning that a link is necessary between
the application of the levy intended to finance fair compensation with respect to digital reproduction
equipment, devices and media and the deemed use of them for the purposes of private copying.
Consequently, the indiscriminate application of the private copying levy, in particular with respect todigital reproduction equipment, devices and media not made available to private users and clearlyreserved for uses other than private copying, is incompatible with Directive 2001/29.

C-462/09, June 16, 2011 – Stichting de Thuiskopie/Opus GmbH
Cross-border transactions
1. Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonizationof certain aspects of copyright and related rights in the information society, in particular Article 5(2)(b)and (5) thereof, must be interpreted as meaning that the final user who carries out, on a private basis, the23

http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32001L0029&from=EN.

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2. Article 5(2)(b) of Directive 2001/29 must be interpreted as meaning that the ‘fair balance’ between the
persons concerned means that fair compensation must be calculated on the basis of the criterion of
the harm caused to authors of protected works by the introduction of the private copying exception.
It is consistent with the requirements of that “fair balance” to provide that persons who have digital
reproduction equipment, devices and media and who on that basis, in law or in fact, make that equipment
available to private users or provide them with copying services are the persons liable to finance the faircompensation, inasmuch as they are able to pass on to private users the actual burden of financing it.

167

reproduction of a protected work must, in principle, be regarded as the person responsible for paying thefair compensation provided for in Article 5(2)(b). However, it is open to the Member States to establish
a private copying levy chargeable to the persons who make reproduction equipment, devices and media
available to that final user, since they are able to pass on the amount of that levy in the price paid by the
final user for that service.
2. Directive 2001/29, in particular Article 5(2)(b) and (5) thereof, must be interpreted as meaning that
it is for the Member State which has introduced a system of private copying levies chargeable to the
manufacturer or importer of media for reproduction of protected works, and on the territory of which
the harm caused to authors by the use for private purposes of their work by purchasers who reside there
occurs, to ensure that those authors actually receive the fair compensation intended to compensate
them for that harm. In that regard, the mere fact that the commercial seller of reproduction equipment,
devices and media is established in a Member State other than that in which the purchasers reside has no
bearing on that obligation to achieve a certain result. It is for the national court, where it is impossible toensure recovery of the fair compensation from the purchasers, to interpret national law in order to allow
recovery of that compensation from the person responsible for payment who is acting on a commercial
basis.

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C-277/10, February 9, 2012 – Luksan/Van der Let
Author is entitled directly and originally to the right of fair compensation

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1. Articles 1 and 2 of Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain
rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cableretransmission, and Articles 2 and 3 of Directive 2001/29/EC of the European Parliament and of theCouncil of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in
the information society in conjunction with Articles 2 and 3 of Directive 2006/115/EC of the European
Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights
related to copyright in the field of intellectual property and with Article 2 of Directive 2006/116/EC of theEuropean Parliament and of the Council of 12 December 2006 on the term of protection of copyrightand certain related rights, must be interpreted as meaning that rights to exploit a cinematographic work
such as those at issue in the main proceedings (reproduction right, satellite broadcasting right and anyother right of communication to the public through the making available to the public) vest by operationof law, directly and originally, in the principal director. Consequently, those provisions must be interpreted
as precluding national legislation which allocates those exploitation rights by operation of law exclusively
to the producer of the work in question.
2. European Union law must be interpreted as allowing the Member States the option of laying downa presumption of transfer, in favor of the producer of a cinematographic work, of rights to exploit
the cinematographic work such as those at issue in the main proceedings (satellite broadcasting right,
reproduction right and any other right of communication to the public through the making available tothe public), provided that such a presumption is not an irrefutable one precluding the principal directorof that work from agreeing otherwise.
3. European Union law must be interpreted as meaning that, in his capacity as author of a cinematographic
work, the principal director thereof must be entitled, by operation of law, directly and originally, to theright to the fair compensation provided for in Article 5(2)(b) of Directive 2001/29 under the ‘private
copying’ exception.
4. European Union law must be interpreted as not allowing the Member States the option of laying downa presumption of transfer, in favor of the producer of a cinematographic work, of the right to faircompensation vesting in the principal director of that work, whether that presumption is couched inirrefutable terms or may be departed from.

C-457/11-C-460/11, June 27, 2013 – VG Wort/Kyocera
Technological measures, consequences of an authorization to reproduce
1. With regard to the period from 22 June 2001, the date on which Directive 2001/29/EC of the European
Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright andrelated rights in the information society entered into force, to 22 December 2002, the date by which that
directive was to have been transposed into national law, acts of using protected works or other subjectmatter are not affected by that directive.
2. In the context of an exception or limitation provided for by Article 5(2) or (3) of Directive 2001/29, an
act by which a rightholder may have authorized the reproduction of his protected work or other subjectmatter has no bearing on the fair compensation owed, whether it is provided for on a compulsory or an
optional basis under the relevant provision of that directive.
3. The possibility of applying technological measures under Article 6 of Directive 2001/29 cannot render
inapplicable the condition relating to fair compensation provided for by Article 5(2)(b) of that directive.
4. The concept of ‘reproductions effected by the use of any kind of photographic technique or by someother process having similar effects’ within the meaning of Article 5(2)(a) of Directive 2001/29 must be
interpreted as including reproductions effected using a printer and a personal computer, where the twoare linked together. In this case, it is open to the Member States to put in place a system in which thefair compensation is paid by the persons in possession of a device contributing, in a non-autonomous
manner, to the single process of reproduction of the protected work or other subject-matter on thegiven medium, in so far as those persons have the possibility of passing on the cost of the levy to theircustomers, provided that the overall amount of the fair compensation owed as recompense for the harmsuffered by the author at the end of that single process must not be substantially different from theamount fixed for a reproduction obtained by means of a single device.

C-521/11, July 11, 2013 – Amazon/Austro-Mechana
Indiscriminate application combined with a reimbursement scheme, payment of the revenue in part to social
or cultural institutions, double payment in cross-border transactions

2. Article 5(2)(b) of Directive 2001/29 must be interpreted as meaning that, in the context of a systemof financing of fair compensation under that provision by means of a private copying levy to be borneby persons who first place recording media suitable for reproduction on the market in the territoryof the Member State concerned for commercial purposes and for consideration, that provision does
not preclude the establishment by that Member State of a rebuttable presumption of private use ofsuch media where they are marketed to natural persons, where the practical difficulties of determining
whether the purpose of the use of the media in question is private justify the establishment of such a
presumption and provided that the presumption established does not result in the imposition of theprivate copying levy in cases where the final use of those media clearly does not fall within the casereferred to in that provision.
3. Article 5(2)(b) of Directive 2001/29 must be interpreted as meaning that the right to fair compensation
under that provision or the private copying levy intended to finance that compensation cannot be
excluded by reason of the fact that half of the funds received by way of such compensation or levy ispaid, not directly to those entitled to such compensation, but to social and cultural institutions set up forthe benefit of those entitled, provided that those social and cultural establishments actually benefit thoseentitled and the detailed arrangements for the operation of such establishments are not discriminatory,
which it is for the national court to verify.

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1. Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001
on the harmonization of certain aspects of copyright and related rights in the information society must
be interpreted as meaning that it does not preclude legislation of a Member State which indiscriminately
applies a private copying levy on the first placing on the market in its territory, for commercial purposes
and for consideration, of recording media suitable for reproduction, while at the same time providing
for a right to reimbursement of the levies paid in the event that the final use of those media does notmeet the criteria set out in that provision, where, having regard to the particular circumstances of eachnational system and the limits imposed by that directive, which it is for the national court to verify,
practical difficulties justify such a system of financing fair compensation and the right to reimbursement
is effective and does not make repayment of the levies paid excessively difficult.

1694. Article 5(2)(b) of Directive 2001/29 must be interpreted as meaning that the obligation undertaken by aMember State to pay, on the placing on the market, for commercial purposes and for consideration, ofrecording media suitable for reproduction, a private copying levy intended to finance the fair compensation
under that provision may not be excluded by reason of the fact that a comparable levy has already been
paid in another Member State.

C-435/12, April 10, 2014 – ACI Adam/Stichting de Thuiskopie
Lawful nature of the origin of the copy
1. EU law, in particular Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of theCouncil of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in
the information society, read in conjunction with paragraph 5 of that article, must be interpreted as
precluding national legislation, such as that at issue in the main proceedings, which does not distinguishthe situation in which the source from which a reproduction for private use is made is lawful from thatin which that source is unlawful.
2. Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcementof intellectual property rights must be interpreted as not applying to proceedings, such as those in themain proceedings, in which those liable for payment of the fair compensation bring an action before thereferring court for a ruling against the body responsible for collecting that remuneration and distributing
it to copyright holders, which defends that action.

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C-463/12, March 5, 2015 – Copydan Båndkopi/Nokia Danmark
Equal treatment, reimbursement scheme, consequences of an authorization to reproduce

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1. Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on
the harmonization of certain aspects of copyright and related rights in the information society does notpreclude national legislation which provides that fair compensation is to be paid, in accordance with the
exception to the reproduction right for copies made for private use, in respect of multifunctional media
such as mobile telephone memory cards, irrespective of whether the main function of such media is tomake such copies, provided that one of the functions of the media, be it merely an ancillary function,
enables the operator to use them for that purpose. However, the question whether the function is amain or an ancillary one and the relative importance of the medium’s capacity to make copies are liable
to affect the amount of fair compensation payable. In so far as the prejudice to the rightholder may be
regarded as minimal, the making available of such a function need not give rise to an obligation to pay
fair compensation.
2. Article 5(2)(b) of Directive 2001/29 does not preclude national legislation which makes the supply of
media that may be used for copying for private use, such as mobile telephone memory cards, subject
to the levy intended to finance fair compensation payable in accordance with the exception to thereproduction right for copies for private use, but does not make the supply of components whose main
purpose is to store copies for private use, such as the internal memories of MP3 players, subject tothat levy, provided that those different categories of media and components are not comparable or thedifferent treatment they receive is justified, which is a matter for the national court to determine.
3. Article 5(2)(b) of Directive 2001/29 must be interpreted as not precluding national legislation which
requires payment of the levy intended to finance fair compensation, in accordance with the exception to
the reproduction right for copies for private use, by producers and importers who sell mobile telephonememory cards to business customers and are aware that those cards will be sold on by those customers
but do not know whether the final purchasers of the cards will be individuals or business customers,on condition that: the introduction of such a system is justified by practical difficulties; the persons
responsible for payment are exempt from the levy if they can establish that they have supplied the mobile
telephone memory cards to persons other than natural persons for purposes clearly unrelated to copying
for private use, it being understood that the exemption cannot be restricted to the supply of businesscustomers registered with the organization responsible for administering the levy; the system provides fora right to reimbursement of that levy which is effective and does not make it excessively difficult to repaythe levy and only the final purchaser of such a memory card may obtain reimbursement by submitting anappropriate application to that organization.
4. Article 5(2)(b) of Directive 2001/29, read in the light of recital 35 in the preamble to that directive, must
be interpreted as permitting the Member States to provide, in certain cases covered by the exception
to the reproduction right for copies for private use, for an exemption from the requirement under thatexception to pay fair compensation, provided that the prejudice caused to rightholders in such cases isminimal. It is within the discretion of the Member States to set the threshold for such prejudice, it being
understood that that threshold must, inter alia, be applied in a manner consistent with the principle ofequal treatment.
5. Directive 2001/29 is to be interpreted as meaning that, where a Member State has decided, pursuant to
Article 5(2) of that directive, to exclude, from the material scope of that provision, any right for rightholders
to authorize reproduction of their works for private use, any authorization given by a rightholder for theuse of files containing his works can have no bearing on the fair compensation payable in accordancewith the exception to the reproduction right for reproductions made in accordance with Article 5(2)(b) ofthat directive with the aid of such files and cannot, of itself, give rise to an obligation on the part of theuser of the files concerned to pay remuneration of any kind to the rightholder.
6. The implementation of technological measures under Article 6 of Directive 2001/29 for devices used
to reproduce protected works, such as DVDs, CDs, MP3 players and computers, can have no effect on
the requirement to pay fair compensation in accordance with the exception to the reproduction right inrespect of reproductions made for private use by means of such devices. However, the implementation ofsuch measures may have an effect on the actual level of such compensation.
7. Directive 2001/29 precludes national legislation which provides for fair compensation, in accordance withthe exception to the reproduction right, in respect of reproductions made using unlawful sources, namelyfrom protected works which are made available to the public without the rightholder’s consent.
8. Directive 2001/29 does not preclude national legislation which provides for fair compensation, in
accordance with the exception to the reproduction right, in respect of reproductions of protected works
made by a natural person by or with the aid of a device which belongs to a third party.

1. Article 5(2)(a) and Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Councilof 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the informationsociety must be interpreted as meaning that, with regard to the phrase ‘fair compensation’ contained inthose provisions, it is necessary to draw a distinction according to whether the reproduction on paper ora similar medium effected by the use of any kind of photographic technique or by some other process
having similar effects is carried out by any user or by a natural person for private use and for ends thatare neither directly nor indirectly commercial.
2. Article 5(2)(a) and Article 5(2)(b) of Directive 2001/29 preclude national legislation, such as that at
issue in the main proceedings, which authorizes the Member State in question to allocate a part of
the fair compensation payable to rightholders to the publishers of works created by authors, thosepublishers being under no obligation to ensure that the authors benefit, even indirectly, from some of thecompensation of which they have been deprived.
3. Article 5(2)(a) and Article 5(2)(b) of Directive 2001/29 preclude, in principle, national legislation, suchas that at issue in the main proceedings, which introduces an undifferentiated system for recovering
fair compensation which also covers the copying of sheet music, and preclude such legislation which
introduces an undifferentiated system for recovering fair compensation which also covers counterfeit
reproductions made from unlawful sources.
4. Article 5(2)(a) and Article 5(2)(b) of Directive 2001/29 preclude national legislation, such as that at
issue in the main proceedings, which introduces a system that combines, in order to finance the faircompensation payable to rightholders, two forms of remuneration, namely, first, lump-sum remuneration

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C 572/13, November 12, 2015 – HP/Reprobel
Allocation of fair compensation to publishers, copying of sheet music

171

paid prior to the reproduction operation by the manufacturer, importer or intra-Community acquirer ofdevices enabling protected works to be copied, at the time when such devices are put into circulation
on national territory, and, second, proportional remuneration paid after that reproduction operation anddetermined solely by means of a unit price multiplied by the number of copies produced, which is payable
by the natural or legal persons who make those copies, in so far as:—	the lump-sum remuneration paid in advance is calculated solely by reference to the speed at which
the device concerned is capable of producing copies;—	the proportional remuneration recovered after the fact varies according to whether or not theperson liable for payment has cooperated in the recovery of that remuneration;—	
the combined system, taken as a whole, does not include mechanisms, in particular for
reimbursement, which allows the complementary application of the criterion of actual harmsuffered and the criterion of harm established as a lump sum in respect of different categories ofusers.

C-470/14, June 9, 2016 – EGEDA
Fair compensation financed by General State Budget
Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on
the harmonization of certain aspects of copyright and related rights in the information society must be
interpreted as precluding a scheme for fair compensation for private copying which, like the one at issue
in the main proceedings, is financed from the General State Budget in such a way that it is not possible toensure that the cost of that compensation is borne by the users of private copies.

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C-110/15, September 22, 2016 – Nokia Italia/SIAE
Ex ante exemption, reimbursement scheme

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EEU law, in particular, Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Councilof 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the informationsociety, must be interpreted as precluding national legislation, such as that at issue in the main proceedings,
that, on the one hand, subjects exemption from payment of the private copying levy for producers andimporters of devices and media intended for use clearly unrelated to private copying to the conclusion ofagreements between an entity which has a legal monopoly on the representation of the interests of authorsof works, and those liable to pay compensation, or their trade associations, and, on the other hand, provides
that the reimbursement of such a levy, where it has been unduly paid, may be requested only by the finaluser of those devices and media.

C-37/16, Minister Finansów/SAWP
1. Do authors, performers and other rightholders supply services, within the meaning of Articles 24(1) and25(a) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value-added
tax, to producers and importers of audio recorders and similar devices and blank media, on whomcollective management organizations levy on behalf of those authors, performers and other rightholders,
but in their own name, fees on those devices and media by virtue of their sale?
2. If the answer to Question 1 is in the affirmative, are collective management organizations, in levying a fee
on devices and media by virtue of their sale by producers and importers, acting as taxable persons, within

While the compilers of this report have taken every care to ensure the accuracy of the data contained in it, neither they nor the publishers
can accept any responsibility or liability for any mistakes or inaccuracies.

the meaning of Article 28 of Council Directive 2006/112/EC of 28 November 2006 on the common
system of value-added tax (OJ 2006 L 347, p. 1), who are required to document those activities by meansof an invoice for the purposes of Article 220(1)(1) of that directive, issued to producers and importers ofaudio recorders and similar devices and blank media, showing VAT as due by virtue of the fees, and, at thetime at which the fees levied on behalf of the authors, performers and other rightholders are distributed
to them, are the latter required to document receipt of the fees by means of an invoice indicating that
VAT issued to the collective management organization levying the fee?

C-265/16, VCAST Limited/R.T.I. SpA
1. Are national rules prohibiting a commercial undertaking from providing private individuals with socalled cloud computing services for the remote video recording of private copies of works protected bycopyright, by means of that commercial undertaking’s active involvement in the recording, without therightholder’s consent, compatible with EU law, in particular with Article 5(2)(b) of Directive 2001/29/EC of
the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects ofcopyright and related rights in the information society, (as well as Directive 2000/31/EC of the European
Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, inparticular electronic commerce, in the Internal Market and the founding Treaty)?
2. Are national rules which allow a commercial undertaking to provide private individuals with so-called
cloud computing services for the remote video recording of private copies of works protected by copyright,
even where the active involvement of that commercial undertaking in the recording is entailed, and even
without the rightholder’s consent, against a flat-rate compensation in favor of the rightholder, in essence
subjecting the services to a compulsory licensing system, compatible with EU law, in particular with
Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001
on the harmonization of certain aspects of copyright and related rights in the information society (as well
as Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal
aspects of information society services, in particular electronic commerce, in the Internal Market and thefounding Treaty)?

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WIPO Publication No. 1037E/17
978-92-805-2864-0
Acknowledgement and thanks for front cover illustrations
Top right image courtesy of Carlos Porto at FreeDigitalPhotos.net
Top centre image courtesy of Stuart Miles at FreeDigitalPhotos.net
Top right image courtesy of tungphoto at FreeDigitalPhotos.net
Lower left Image courtesy of stockimages at FreeDigitalPhotos.net
Lowewr centre image courtesy of xedos4 at FreeDigitalPhotos.net
Lower right image courtesy of watcharakun at FreeDigitalPhotos.net

International Survey on
Private Copying

For more information contact WIPO at www.wipo.int

World Intellectual Property Organization

Law & Practice 2016