Private Copying and Levies for Information- and Communication-Technologies and Storage Media in Europe

Abstract

The different European Copyright Laws all provide for certain exceptions and limitations of copyright in which the right holder cannot prohibit certain uses of their work. Copyright levies are to compensate the right holders for the limitations of copyright.

There are great differences between the levy systems in the European Union varying from no levies (and consequently very narrow exceptions and limitations of copyright) in England to a broad range of different levies on both analogue and digital copying media and equipment in Germany.

Levies are being paid by the manufacturers or distributors of copying media and equipment, they are typically being collected by national collecting societies and distributed in accordance with fixed distribution schemes to right holders and authors.

The EU Directive has failed to harmonize levy systems in the European Union. The EU Directive gives, however, certain guidelines as to the amount of a fair levy payment. Furthermore, the EU Directive gives preference to technological protection measures over levy systems. Therefore, to the extent digital media and equipment are concerned, the application of technological protection measures may lead to a phasing out of levy systems.