Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92001E3348

**WRITTEN QUESTION E-3348/01 by Astrid Thors (ELDR) to the Commission. Copyright in the information society.** 
  
*Official Journal 172 E , 18/07/2002 P. 0042 - 0043*

  

WRITTEN QUESTION E-3348/01

by Astrid Thors (ELDR) to the Commission

(3 December 2001)

Subject: Copyright in the information society

The directive on copyright in the information society is in the process of being introduced. In this connection, it is being argued that copyright protection levies should be introduced on products, such as PCs and video players, that can be used to store music, for example. Is the Commission aware of such plans? If so, how many Member States are considering them, and are they compatible with the objectives of the e-Europe action plan?

Answer given by Mr Bolkestein on behalf of the Commission

(26 March 2002)

Directive 2001/29/EC of the Parliament and of the Council of 22 May 2001, on copyright and related rights in the information society(1) is required to be implemented by Member States by 22 December 2002.

The Directive allows Member States to provide an exception to the right of reproduction for private use, on condition that the rightholders receive fair compensation. The Directive gives Member States certain flexibility in determining the form, detailed arrangements and level of fair compensation. Account should also be taken of the particular circumstances of each case. Fair compensation is a new concept introduced by the Directive. It is not identical with equitable remuneration schemes (the levies). The Directive does not explicitly address such levy schemes. However, all Member States, with the exception of Ireland, Luxembourg and the United Kingdom currently have already in place remuneration schemes for private copying applying to blank recording media, equipment or both. Many of them are considering whether to rationalise or extend theses schemes in relation to the media or equipment to which they currently apply.

The Directive recognises that digital private copying (as opposed to analogue) is likely to be more widespread and have a greater economic impact. When applying the private copying exception, the Directive requires Member States to take account of the application or non-application of technical measures. The Directive introduces a comprehensive legal framework for the protection of technological measures which provides an incentive towards the use of such measures.

In the run up to implementation, the Commission has organised a series of informal meetings with the purpose of assisting Member States in transposing the Directive consistent with its aims. Thereafter, the Commission will examine the impact of the Directive on the functioning of the internal market on a variety of issues including private copying and the use of technological measures both in the context of the Contact Committee established by the Directive and also in accordance with the review procedure laid down by the Directive.

(1) OJ L 167, 22.6.2001.

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