FAQ

The private copying levy is not a tax. It is the only non-tax system for financing culture: the sums do not pass through government coffers and are paid directly to the cultural sector. Private copying levy is a contribution to digital creativity.

25 of the 27 EU member states have adopted a private copying remuneration system, as have many other countries around the world (Algeria, Burkina Faso, Canada, Ecuador, Iceland, Japan, Norway, Paraguay, Peru, Russia, Switzerland, Turkey, USA, etc.).

The exception for private copying was established by the law of March 11, 1957 on literary and artistic property. In 1985, with the rise of technological devices allowing the recording of works, the law known as the "Lang Law" established a system of financial compensation for the benefit of copyright and related rights holders. Private copying levy have since been amended by several laws aimed at improving their functioning and adapting them to technological developments. Since the law of December 20, 2011, sources of illegal copies are no longer taken into account, equipment used for professional purposes is exempt from private copying levy, and consumers must be informed, through a labelling system, of the amount of the levy at the time of purchase of the recording device or medium. The law on the freedom of creation, architecture and heritage of July 7, 2016 brought new improvements, such as the creation of a digital database accessible to the public, listing all aid and training actions financed by private copying remuneration and the establishment of an accreditation by the Ministry of Culture for Copie France, the collection agency for private copying remuneration.

Since 2000, the Private Copying Commission has been using a method for setting the rates per medium or device that is both solid and reasonable. Usage studies carried out by market research institutes make it possible to determine precisely:

• the volume of copied works
• the valuation of the damage per copy made on the basis of objective elements
• consideration of contextual elements

This method consists of determining the average volume of works copied from legal sources on each type of media (smartphone, tablet, USB key, etc.) over a six-month period. This duration is extrapolated out to a horizon of 2 years - a reasonable duration since the duration of use of the supports is estimated to be at least 3 years. The reference values for private copying of works (sound, audiovisual, written, visual arts) are then applied to the volumes resulting from the usage studies to determine an average remuneration per medium.
Even if, as the Conseil d'Etat noted in 2014, the selling price of the recording medium is not one of the elements determined by law to set the remuneration, the Private Copying Commission has nevertheless always ensured that the weight of the remuneration in the selling price of the medium is reasonable and cannot have a significant effect on the market for the media concerned.

Private copying levy is paid by all importers or manufacturers of electronic storage devices (external hard drives, USB sticks, smartphones, tablets, etc.). The importers or manufacturers pass on this amount in the selling price to consumers. Their contribution to the remuneration of creation benefits ALL the cultural professions, books, music, audiovisual, cinema, dance, theatre and visual arts.

Guadeloupe, Martinique, Guyana, Reunion and Mayotte: The remuneration is applied as in any other department of Metropolitan France.

In French Polynesia, Wallis and Futuna, Saint-Pierre-et-Miquelon, Saint Barthelemy, Saint Martin and the French Southern and Antarctic Territories, the levy is applied, and Copie France collects it for these territories.

In New Caledonia, the levy does not apply.
For importers whose head office is located in the DOM, please send your declarations to the relevant delegations:

• Réunion:
  • Tel: 02 62 94 82 20
  • Email: dl.lareunion@sacem.fr
  • Fax: 02 62 94 82 21
  • Post: SACEM / COPIE FRANCE - 216 Bd Jean Jaurès – Immeuble le Quartz - 97490 SAINTE CLOTILDE – F

• Guadeloupe:
  • Tel: 05 90 41 94 50
  • Email: dl.guadeloupe@sacem.fr
  • Fax: 05 90 41 94 51
  • Post: SACEM / COPIE FRANCE Immeuble Les Tropiques - Voie Verte - Z.I de Jarry 97122 BAIE-MAHAULT – F

• Martinique & Guyane:
  • Tel: 05 96 72 61 61
  • Email: dl.martinique@sacem.fr
  • Fax: 05 96 72 58 31

Post:  SACEM / COPIE FRANCE Centre d'affaires - AGORA 2 - ZAC Etang Z'Abricot -  BP 428 - 97200 FORT-DE-France - F

Article L.311-8 of the ICP implementing the law of December 20, 2011 on private copying levy established the principle according to which "remuneration for private copying is not due for recording media acquired, in particular for professional purposes, for which the conditions of use do not allow the presumption of use of these materials for private copying purposes".
This exemption can be obtained in two different ways:

• by establishing an exemption agreement with Copie France
• or by requesting reimbursement from Copie France

The law specifies that it is the final purchaser of the recording device who can benefit from this exemption.
To date, 2,791 exemption agreements have been concluded since 2011, including 30 new agreements in 2020. This amount of agreements corresponds to the number of requests received by Copie France. In total, it is estimated that €11.4 million worth of exemptions were granted in 2020 under these agreements. In addition, 9,679 reimbursement applications have been processed since 2011. In 2020, Copie France reimbursed an average of €906 per person requesting reimbursement. The majority of media used for professional purposes declared in the requests for agreements or reimbursement are data CDs, data DVDs and USB keys. The medical sector accounts for a quarter of the claims.

Although the conditions for obtaining a refund are slightly different from those for obtaining an exemption agreement, Copie France examines both types of requests according to two criteria:

• the use made of the device or media
• the "end-user" status of the applicant

Copie France does not make exemption or reimbursement conditional on the simple acquisition by a legal entity, but rather on the fact that, regardless of the legal status of the purchaser, the said medium is not used for private copying purposes, and that the applicant is indeed the end user of the medium. For example, a legal entity may make recording media available to its employees without prohibiting them from making private copies, give them to its customers as a gift for promotional purposes so that they can make copies for their own private use, or, for example, a works council or an association may allow its members to use the said media or devices for the same purposes.
Nothing can be arbitrary in the conclusion of a waiver or a refund. Copie France cannot refuse a refund or the conclusion of an exemption agreement outside the conditions provided for by law. The latter expressly states that "In the event that one of the organisations refuses to enter into an agreement, the latter must specify the reasons for this refusal". In this context, Copie France always expressly notifies the reasons for which it refuses in certain cases to conclude an agreement (or to proceed with a reimbursement), which are generally of two kinds:

• The reimbursement claimant does not appear to be the end user of the media or device
• The conditions of use of a medium do not justify a use that excludes private copying

Copie France is willing to provide applicants for reimbursement with any additional explanations and to examine the reasons that they could put forward to contest such a refusal. To date, no serious challenge to the reasons put forward by Copie France has been expressed by an applicant.

In 2021, private copying fees amounted to €279 million. The levy has become a pillar of financing cultural life in France.

75% of private copying sums are paid to creators and producers whose works are copied. It contributes to the revenues of more than 200,000 people working in the cultural sector, up to 5 to 10% of their income.

25% of the money finances nearly 12,000 cultural actions of general interest across all French territories. More than 50% of the festivals in France, numerous theatres, exhibitions, book fairs, literary meetings, album creations, author training, writing grants, residencies, more than 500 artistic and cultural education projects, particularly in schools, are financed each year thanks to this money.

The complete list of grants and the amounts allocated is available on the site aidescreation.org