Breaking News: France's Private Copying Remuneration Law is Constitutional

rance's Conseil constitutionnel (Constitutional Court) has just ruled that the Act of 20 December 2011 relating to private copying remuneration is constitutional.

Following a ruling by the Conseil d'Etat of 17 June 2011 (that itself was based on the CJEU's Padawan ruling of 21 October 2010) that faulted the existing regime for not adequately providing for a system of reimbursement for purchasers of blank media intended for professional use, the French legislator passed the Act of 20 December 2011 to (i) retroactively maintain the rates previously set by the relevant body that had been quashed by the 17 June 2011 decision and (ii) expressly provide for an exemption for blank media purchased for professional purposes.

A body representing major CE companies (who pay the private copying levy) sought (via a QPC or question prioritaire de constitutionalité) to have the Act declared unconstitutional (invoking its retroactive nature).

By today's ruling, the Conseil constitutionnel rejected the action and confirmed the Act's constitutionality.

Today's Ruling