Few people know that, since 1985, when they purchase blank devices or equipment that serves for copying music and images (such as cassettes, blank CDs or DVDs, portable digital players, USB drives, digital home recording devices, etc), a small part of the purchase price (the private copy levy) goes to remunerating the authors, publishers, performers and producers of the works these devices serve to copy.

Even fewer are aware that 1/4 of the sums collected in this way are used to support many cultural events all over our territory. In 2006, the contribution of private copy to cultural initiatives and aid for creation in France was nearly 40 million euros.

Private copy, a pact between creators and the public

For over 20 years, private copy has ensured an unquestionable balance between the public natural aspiration to have access to works and the necessary preservation of royalties and remuneration for creators. This flexible system is based on negotiation and a consensus between representatives of the public, rights holders and industrialists. Over the years, its ability to adapt to the technological upheaval of the digital revolution has been amply demonstrated.

Beyond its importance in remunerating creators (who receive 75% of the sums collected directly), it can be said that private copy establishes a genuine pact between creators and the public by having the latter contribute to the creative process.

By paying the levy, the public participates directly to the funding of a large number of cultural events in a great diversity of genres and repertoires. Thus, private copy helps fund festivals, both large and small, as well as theatre, concerts, street entertainment and puppet shows, art exhibitions, opera, rap, visual arts, multimedia creators, short films, creative documentaries, coverage of current events, the writing of films as well as the arts of the circus - over 4,000 artistic projects each year... to suit all, all ages, all over France!

What is the possibility to make private copies?

The law guarantees the rights holders of a work (authors, performers and producers) exclusive control over its exploitation.

This implies that any reproduction or performance of a work or service is subject to prior agreement from its rights holders.

The law provides, however, certain exceptions not requiring prior authorization, in particular the exception for “private copy”.

The commonly used term “private copy” applies, legally (Art. L 122-5 2° CPI) “copies or reproductions strictly reserved for the copier’s own private use and not intended for collective use” (see also Art. L 211-3 2° CPI for neighbouring rights). Case law defines the notion of private use as personal, non-commercial use, which excludes any collective use of the copy (in an enterprise, for example).

This principle was reasserted with the adaptation into French law (law nº2006-961 of 1 August 2006 or DADVSI law) of the European Directive of 2001 relative to authors’ rights in the digital age. In this occasion, specific elements were added regarding application of the exception for private copy, in particular: