International Survey on Private Copying : Law and Practice 2016

Methodology and Scope Research methodThe 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 of protected works.The survey contains revenue data up to 2015 and information about levy systems and tariffs 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 and one 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 are compared with information that was submitted in response to earlier surveys in order to identify and address possible inconsistencies.Data on exchange rates, population and income per capita of participating countries was retrieved from World Bank databases. 2 Participating countriesThis 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 and Romania.Information about the levy system and revenues for these countries have been taken from the previous 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 International Survey on Private CopyingLaw & Practice 2016 6 Legal developments in the European UnionThe 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 and led by former Commissioner Antnio Vitorino.Mr. Vitorino delivered a report on this issue in February 2013, including several recommendations 8 , although it has not led to any legislation; to date, the aim is to make EU copyright law and practice fit for the digital age.The debate on levy systems has continued through stakeholder 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 and effective 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" was published.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. Relevant Jurisprudence from the European Court of JusticeThe 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 of this report.Table 1: Case law from the Court of Justice of the European Union on private copying levies Case No.

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