Thuiskopie: significant changes not expected

Persbericht GESAC (Europese collectief beheerorganisaties):  GESAC welcomes the ECJ’s confirmation in the SGAE/Padawan [thuiskopie] decision that private  copying levy systems achieve a fair balance between the interests of authors and those of users of copyright protected content

(…) As regards professional uses, the ECJ recalls the principle according to which ‘private copying levy’ cannot be applied to copies made by companies for professional purposes on digital reproduction equipments, devices and/or media acquired by them. The Court does not specify how Member States should implement this principle. In fact, the Court says that it is up to Member States to determine the form, detailed arrangements for financing and collection, and the level of compensation.

National private copying levy systems in the EU already provide for solutions to achieve such implementation. In the Nordic region for example, this is done through a mechanism of exemptions and refunds for professional users. In other countries, this requirement is complied with by reducing the level of the tariff, in order to take into account that some of the levied products are going to be used by companies or public administrations for purposes other than private copying. Therefore, since national private copying levy systems already provide for solutions to take these professional uses into account, it is not expected that significant changes (if any) will be introduced in this respect.

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