Antonio Vitorino presents his recommendations on private copying and reprography levies in Europe
Just a bit over a year ago, Internal Market and Services Commissioner Michel Barnier, appointed Antonio Vitorino (former Commissioner for Justice and Internal Affairs) with the duty of adopting recommendations on a European regulation of private copying and reprography levies. Before adopting the recommendations, Mr. Vitorino invited stakeholders to send written observations. This “plea” was very well accepted and consumers, right holders and collecting societies expressed their concerns regarding this matter.
Antonio Vitorino´s recommendations include proposals to foster increased reliance on licenses and contractual arrangements (so that right holders get a fair compensation for their creative effort and investments) as well as measures aimed at harmonising the levy systems within the Single Market. This second proposal seems to be the most troublesome, given the differences existing between Member State´s levy systems, in particular with regard to levied products, such as blank CD´s, MP3 players, and so on.
The recommendations also make reference to the need of clarifying that copies made by end- users for private purposes in the context of a service that has been licensed do not cause any harm to the right holders, therefore, no additional remuneration should be given in the form of levies.
The second part of the recommendations focuses on how to improve the functioning of the levy systems in order to reconcile them with the free movement of goods and services in the Internal Market. This second part touches upon issues such as the need of having a proper definition of “harm”, making levies visible for the final consumer or the collection of levies in corss- border transactions in the Member State in which the final customer resides.
Regarding the recommendations made by Antonio Vitorino, the Internal Market and Services Commissioner stated the following:
“His recommendations will constitute an essential contribution towards progress in this difficult matter… Our objective is to achieve a well- functioning Digital Single Market and to enable new business models to thrive and meet changing consumer expectations and preferences. I will make sure that Antonio Vitorino´s recommendations are taken into account in any further steps to be taken regarding private copying and reprography levies…”
Michel Barnier sounds very optimistic after the filing of the recommendations, but it is to be seen how they will be implemented in an Internal Market that needs and in- depth remodeling of both, its way of thinking regarding the harmless character of private copying and the levy system. This recommendations come shortly after a report made by PROMUSICAE in which the devastating effect of internet piracy are shown.
Related Posts:
- The CJEU Considers that the Spanish Fair Compensation for Private Copying System is Incompatible with Directive 2001/29.
- Beth Galí sues the State of Qatar for copying her design of the LATINA street lights
- ECJ Decisión “Football Dataco”: determination of the place where reutilisation of a database takes place
- Spain Approves the Royal Decree that Governs Certain Aspects of Orphan Works