June 10, 2021
Proposed law on the environmental footprint of digital technology: a fair and balanced decision
THE CREATIVE COMMUNITY WELCOMES THE COMPROMISE ADOPTED BY THE DEPUTIES ON PRIVATE COPYING REMUNERATION AND REFURBISHED DEVICES, AS PART OF THE BILL TO REDUCE THE ENVIRONMENTAL FOOTPRINT OF DIGITAL TECHNOLOGY IN FRANCE...
Refurbished phones and tablets have been covered by private copying levy since their origin. This is not a new obligation: manufacturers, vendors and telecom operators have been paying private copying levy for years for their sales of new and refurbished phones.
By ruling out a pure and simple exemption, the legislature is giving immediate effect to the 40% reduction in the private copying rate applicable to reconditioned phones and 35% for reconditioned tablets, in accordance with the decision of the independent commission in charge of this subject, which met on June 1. This adjusted scale was voted on the basis of a study of uses conducted by the GFK Institute. Its economic impact will be a loss of nearly €11 million for culture, which supports the refurbished devices sector.
More than 8,500 artists, authors, creators, scriptwriters, photographers, visual artists, filmmakers and organizers of cultural events had called on stakeholders to support private copying and not to put culture and ecology at odds with each other. The application of a differentiated tariff seems to be the most balanced, responsible and equitable solution to preserve the vitality of the cultural and creative industries, while encouraging the "second hand" economy. This decision is fully in line with European jurisprudence.
The deputies’ vote also provides for the commissioning of two reports on private copying. We will help carry out these projects.
The National Assembly has confirmed today, with good reason, that the cultural world cannot become an adjustment variable for an economy badly affected by low-cost foreign competition. We share the point of view that the economic model of French reconditioners and social and solidarity enterprises must be, more than ever, protected and supported by strong measures from the government.
Private copying remuneration is first and foremost a symbol of freedom: the freedom given to any individual to copy artistic and cultural works for their own use. It represents between 5 and 10 percent of income for 200,000 artists and creators and a source of funding for more than 10,000 festivals, theatres and cultural projects in all of our territories. Since the beginning of the health crisis, private copying levy have played an important social role by financing numerous emergency aid and relief funds, which have supported more than 11,000 artists and creators in economic distress.
We thank the Government and the Members of Parliament for their support. We will continue to pay attention to the respect of the fair balance voted today at parliament.