Answer given by Mr Oettinger on behalf of the Commission
26.10.2015
Under Directive 2001/29/EC Member States are allowed to introduce the private copying and reprography exceptions to the right of right holders to authorise or prohibit the reproduction of their works on the condition that rightholders receive fair compensation.
The Court of Justice of the European Union (CJEU) has ruled that it is open to Member States to establish a ‘private copying levy’ on products (e.g. equipment, devices and media) typically used for private copying, for the purposes of financing fair compensation[1]. Member States enjoy a margin of discretion in determining the form, detailed arrangements for financing and collection and the level of that fair compensation which must be calculated.
Divergencies in these systems have been the source of obstacles to the Digital Single Market. In recent years the CJEU has however provided guidance on a number of issues.
The Commission follows with attention the developments in national legislation, the jurisprudence of the CJEU as well as the latest technological developments and changes in market behaviour, where new ways of distribution and consumption of online content, notably via streaming, rely on contractual arrangements and thereby diminish the role of levy schemes.
All these developments need to be carefully considered, including in the context of the ongoing copyright review, before deciding whether an intervention at EU level is needed with regard to private copy levies.
- [1] Case C-467/08 Padawan, Case C-462/09 Opus, Case C-521/11 Amazon.