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VITORINO REPORT ON COPYRIGHT LEVIES: WILL EUROPE GO FOR A DIGITAL SINGLE MARKET?
EP Hearing
Irena Bednarich, Chair, Copyright Working Group, DIGITALEUROPE
Brussels, September 17 2013
Confidential
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I. Today’s Creativity EcosystemII. Copyright Levies: what is the issue?III. Vitorino recommendations: what needs to be reformed to make fair compensation fit
with the digital age?
I. Today’s Creativity Ecosystem
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The European Commission’s flagship
initiative “A Digital Agenda for Europe”
put forward an analysis of the virtuous
cycle of the digital economy.
Confidential
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• A rough justice system from the analogue times• Lack of coherent methodology• Lack of efficient collection systems• Lack of efficient distribution systems
II. Copyright Levies: what is the problem?
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« Une large partie de ces perceptions ont été absorbés par un système cumulant jusqu'à 6 sociétés intermédiaires. » (France's 2010 report of the Cour des Comptes)
Confidential
European Commission Impact Assessment on CRM Directive:“This means that substantial amounts of money are kept by societies pending distribution. Thus, e.g. in 2010 major societies had accumulated € 3.6 billions worth of liabilities to rightholders […].”
Lack of efficient distribution systems
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DIGITALEUROPE CALLS UPON
THE EUROPEAN COMMISSION AND
THE EUROPEAN PARLIAMENTTO IMPLEMENT
THE VITORINO RECOMMENDATIONS
III. Vitorino recommendations: what needs to be reformed to make fair compensation fit with the digital age?
• Acknowledgement that levies are an internal market issue.
• Existing and new online services should be based on exclusive right (licensing) rather than on the exception (levies). Major developments in content consumption patterns should be taken into account.
• Licensed copies should not trigger a levy (no double dipping).
• Levies should be paid in the country where the final customer resides (country of destination principle).
• Non-application of levies on professional users: The liability for paying levies should be shifted from the manufacturer/importer to the
retailer's level while simplifying the levy tariff system. Alternatively, clear and predictable ex-ante exemption schemes should be established.
• In the field of reprography, more emphasis should be placed on operator levies than on hardware based levies.
• Defining 'harm' uniformly across the EU, as the value consumers attach to the additional copies in question (lost profit).
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CJEU putting an end to indiscriminate application of levies
Padawan ruling: - Business users should not be paying the levy.
Amazon case: - Requires a priori exonerations for commercial uses. If not possible, right to
reimbursement (effective and not excessively difficult).- Presumption of private use limited to natural persons. Rebuttable and cannot result
on payment for use outside the exception.
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Thank you
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Confidential