Newly Released Private Copying Global Study shows Potential for Better Remuneration of Rightsholders

Intellectual Property IPR Regulation and Policy EuroFIA News

CISAC, BIEM and Dutch Society Stichting de Thuiskopie launched a new study 23 November 2020 on private copying systems globally. The study offers analysis of private copying systems around the world along with a guidance section on how to implement effective levy systems. Private copying levies are a vital source of income for creators and rightsholders across the world. They have an even greater potential if adequate legislation, proper application of the law and effective collection mechanisms are implemented. The study also illustrates in particular the potential economic benefits if levies are effectively implemented to cover digital devices. In 2018, global collections of private copying levies for all rights holders totalled EUR 1,046 million. This includes EUR 367 million for authors, representing 3.8% of global authors’ collections.

The common study is intended as an information tool for governments and policy makers, a reference for negotiations on fees and a source of data. It contains all the information that stakeholders need on private copying, from the legal framework to the practical implementation of private copying. Using multiple data sources, the study examines the copyright laws of 194 countries in 5 continents.

New elements include:

•Broader analysis: the new study covers both authors’ rights and neighbouring rights (for example, the figures of collections include both authors’ and neighbouring rights shares). Countries hitherto not included were also added.

•More data: detailed information on tariffs/levy and devices (media/equipment) subject to the levy, as well as private copying collections from 2015 to 2018

•More contextual analysis: the study outlines the model private copying system, from the legal background to its practical implementation:

·        Tariff levy setting
·        Liability
·        Exemptions
·        Collection process and distribution schemes
·        Social and cultural deductions

•New economic analysis: the study includes a comprehensive economic analysis of private copying revenue trends in the last 4 years, with levy income estimates based on levies paid by 2 hypothetical households in different territories

•The economic analysis also includes an estimation of revenue potential per device for 7 targeted countries with potential future regulatory amendments (Bulgaria, Canada, Denmark, Japan, Korea, Mexico, Nigeria)

•European Case Law: the study contains an annex with the relevant European Court of Justice decisions on private copying.

The study is readily available in English on each of the homepages of the three participating study partners. You may wish to use this direct download link from Stichting Thuiskopie.

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