For over 20 years, the law has entrusted an independent commission with determining the types of devices, the rates and conditions for paying private copy levies due by the manufacturers and importers of blank recording devices. This is how they determine the remuneration to which authors, performers and producers are entitled, in compensation for the reproduction of their works for private use.
This is an independent joint commission, half of whose members represent rights holders (authors, performers and producers), the other half consumers, manufacturers and importers of recording devices. It is chaired by a representative of the State appointed by the latter, on proposal of the Minister of Culture. Its decisions are published in the JORF (Official bulletin) and are included in an annual report submitted to Parliament.
This commission has always found a consensual way of adapting the rates for private copy levies to changes brought about by technological transformations and new forms of cultural consumption, making certain in particular that these levies do not become an economic obstacle for manufacturers’ marketing policies.
The amount of the levy varies with the type of device and their recording capacity (Art L 311-4 CPI).
Application of private copy levies to digital media
Adopted in the context of the development of copy on analogue devices (audio and VHS cassettes), the law of 1985 laid down the principles for determining private copy levies that are highly relevant and applicable, including for the digital environment.
Both the highest administrative jurisdictions (cf. opinions and decisions of the Conseil d’État on submissions of various cases by equipment manufacturers) and French and European legislation (Directive of May 2001 adapted through the DADVSI law of 1st August 2006) have confirmed that such levies are legitimate and appropriate, as are the methodology and expertise of the Commission’s work on private copy entrusted with setting the different tariffs.
- For more information on media according to category defined by law
Conversely, certain devices are not concerned by private copy levies:
DAT, DCC
Cassettes for video cameras
And different types of analogue cassette tapes (Article 3 of the Decision of 30 June 1986):
Cassettes for dictaphones
— C10 and C15 cassettes
— Tapes 6.25 mm wide (audio) and over 12.7 mm wide (audiovisual)
— Infinite-loop cassettes for answer phones
