France: the remuneration for private copying extended to memory cards, USB keys and external hard disks

Decision of the Committee of Article L. 311-5 IPC, 9 July 2007

In France, the authors and performers of works fixed on phonograms or videograms, and the producers of such phonograms or videograms, are entitled to remuneration for private copying, in application of Article L. 311-1 of the Intellectual Property Code (“IPC”).

Article L. 311-4 IPC provides that this remuneration shall be paid by the manufacturer, the importer or the person making an intra-Community acquisition of recording mediums that may be used for reproduction of works for private use, at the time these mediums enter into circulation in France. The amount of the remuneration depends on the type of medium and the recording time it provides.

Pursuant to Article L. 311-5 IPC, the type of medium, the rates of remuneration and the conditions of payment of such remuneration are determined by a Committee chaired by a representative of the State and composed, in half, of persons designated by organisations representing the beneficiaries of the right of remuneration, in quarter, of persons designated by the organisations representing the manufacturers or importers of the mediums in question, and in quarter, of persons designated by the organisations representing the consumers.

In a Decision dated 9 July 2007 (Official Journal, 9 September 2007, p. 14860), the Committee of Article L. 311-5 IPC extended the list of recording mediums already subject to remuneration (amongst which Minidisc, audio CDR and CDR-RW, video DVD-R and DVD-RW…) to include memory cards, USB keys and external hard disks. The Commission also reduced the remuneration applicable to blank DVDs (DVD Ram, DVD-R and DVD RW) from 23,40 Euros to 21,70 Euros for 100 Go.

BRAD SPITZ
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