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Thursday, 18 February 2016

French National Assembly Considering Bill to Modify Private Copy Levy Regime


Last week, we looked at some of the legislative developments currently wending their way through the French Senate.

France's other legislative body, the National Assembly, is also considering copyright-relevant legislation, namely a bill to modify the regime applicable to the private copy levy.  The main proposed changes are as follows:

- to rename the levy from "remuneration for private copy" to "compensation for private copy"; this change in terminology is intended to hew more closely to the levy's function as stated by the CJEU;

- the make up of the commission that sets the rate of the levy is currently 50% representatives of the rightsholders, 25% representatives of manufacturers of the various media to which the levy applies and 25% representatives of consumers; the bill proposes to changes this to one-third for each category;

- under existing law, 25% of the amounts collected under the levy by the Collective Management Organziations are to be used in connection with certain statutorily defined purposes including aid for artists and authors and live shows; the bill adds to this list the purpose of reinforcing legal online offerings;

- the bill proposes to streamline the process whereby professionals can obtain reimbursement of the levy.


The text of the bill is available (in French) here

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