Legal framework for private copying & Decisions of the Private Copying Commission
Legal framework for private copying
Private copying remuneration is governed by several texts:
GENERAL PRINCIPLES
- The Intellectual Property Code (IPC)
Articles L 122-5 and L 311-1 to L 311-8 of the IPC (as amended by the laws of December 20, 2011 and July 7, 2016) define the principles of collection and distribution of levy as well as the exemption from levy in certain cases. - Other provisions apply: articles L 324-17 (on cultural actions), L 326-2 (database of cultural action) and L 335-4 (penal provisions) of the IPC.
- The ministerial orders of December 20, 2011 and August 3, 2018 specifying the conditions for reimbursement of remuneration pursuant to Article L 311-8 III of the Intellectual Property Code.
- Regulatory provisions: articles R 311-1 to R 311-12.
VALUE ADDED TAX
PENALTIES
Article L 335-4 of the IPC establishes penal provisions applicable in this matter.
THE PRIVATE COPYING COMMISSION’S DECISIONS
The Decision of June 30, 1986 specifies in particular the methods of declaration and payment of the levy; plus the introduction of a levy applicable to removable analogue media (audio and video cassettes).
Decision No. 1 of January 4, 2001 introduces a levy applicable to removable digital media (CD data and audio - DVD data - Minidiscs, etc.) and revises the remuneration for analogue media.
Decision no. 2 of December 6, 2001 converts the rates established on January 4, 2001 into euros.
Decision No. 3 of July 4, 2002 sets the rates applicable to MP3 players and music players with integrated hard disk, as well as televisions, TV decoders and audiovisual recorders with integrated hard disks.
Decision No. 4 of June 10, 2003 includes the colleges of writing and visual arts and introduces a fee applicable to 3.5-inch computer diskettes ("MFD").
Decision n°5 of June 6, 2005 modifies the tariff applicable to recordable DVDs.
Decision n°6 of November 22, 2005 modifies the tariff applicable to all portable music players integrating either a hard disk, or a flash memory in the form of a musical or non-musical USB key, and to Hi-fi home audio devices with hard disks.
- modifies the tariff applicable to recordable DVDs
- extends the tariff for televisions, digital recorders and set-top boxes with an integrated hard drive or memory to large capacity devices (those larger than 80 GB)
- sets the rate applicable to portable media players and multimedia living room devices (portable media players and mixed audio/video devices).
- modifies the tariff applicable to recordable DVDs;
- fixes the rate applicable to non-dedicated memory cards, non-dedicated USB keys and external hard drives.
Decision n°9 or December 11 2007 sets the rate for external multimedia hard drives
Decision n°10 of February 27, 2008 fixes the rate applicable to telephones that play audio and multimedia.
Decision n°11 of December 17, 2008 modifies the 11 previous decisions.
Decision n°12 of September 20, 2010
- extends the remuneration applicable to external hard drives to external storage systems such as SSDs, NAS and home NDAS
- Interpretative Deliberation of January 12, 2011 of Decision No. 12 specifies that NAS storage systems are subject to levy
Decision n°13 of January 12, 2011 applicable to memories and hard disks dedicated to the recording and playback of audio works integrated into a GPS navigation system in a motor vehicle and/or a car radio, multimedia touch tablets, memory cards and USB keys, external hard disks, sales in “bundles”).
Decision n°14 of February 9, 2012 reinstates a levy on multimedia touch tablets.
Decision n°15 of December 14, 2012 updated the levy applicable to almost all media and device types.
Decision n°16 of June 19, 2017 2017 introduction of an provisional rate scale for NPVRs. (Network Personal Video Recorders)
Decision n°17 of July 3, 2018 replaces the provisional rate of Decision No. 16 for NPVRs.
Decision n°18 of September 5, 2018 modifies the rates applicable to TV decoders and multimedia boxes with integrated memory.
Decision n°19 of March 12, 2019 modifie les barèmes applicables aux décodeurs TV et Box multimédias à mémoire intégrée.
Decision n°20 of December 17, 2019 modifies the rates applicable to USB keys and memory cards.
Decision n°21 of November 16, 2020 modifies the rates applicable to multimedia phones with a capacity of less than 2 GB.
Decision n°22 of June 1, 2021 modifies the rates applicable to refurbished multimedia phones and touch tablets.
Decision n°23 of january26,2023 on remuneration scales refurbished phones and tablets. It is applicable as of 1 February 2023.