THE PRIVATE COPY REMUNERATIONS SYSTEM
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
The study aims to provide an actual overview of private copying compensation systems (also known as private copying levies or remunerations). These remuneration systems are an important element of copyright and related rights infrastructure. Private copy remunerations systems vary substantially across the world because of a multitude of circumstances. 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 study 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 for monitoring 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-border considerations. The recent renewed interest of the European Commission and the European Parliament in investigating the viability of measures that would further the approximation and possibly the harmonization of (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.
Authors and Affiliations
Ana-Maria MARINESCU
Keywords
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