Thursday, 15 January 2009

France: the remuneration for private copying extended to mobile phones

Decision of the Committee of Article L. 311-5 IPC, 17 December 2008

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 (see

In a Decision dated 17 December 2008 (Official Journal, 21 December 2008, p. 19670), the Committee of Article L. 311-5 IPC extended the list of recording mediums already subject to remuneration to include mobile phones that are able to play music and show videos. Up to 128 Mo, the remuneration is 0,09 euro; between 5 Go and 8 Go, the remuneration is 5,60 euro; and 8 euro between 10 and 20 Go.

The Commission also decided to lower the rates of certain recording mediums such as audio CDR, CDR-RW, video DVD-R and DVD-RW, memory cards, USB keys and external hard disks, DVD Ram, DVD-R and DVD RW.