Council of Europe

Iris Plus 2011-4: Who Pays for Private Copying? Council of Europe

The private copying debate is not new since the emergence of analogue copying devices, private copying has become a major issue for the content industry. However, the rules on compensation in the form of levies on copying devices and media, which have been developed since the 1960s, are no longer effective in the digital age. This IRIS plus presents the many different facets of the current debate on private copying levies and discusses the present legal situation in Europe after the ground-breaking, so-called Padawan judgment. It clearly demonstrates how difficult it is to balance the different interests and demands on levy systems. Practicability, conformity with the EU Directive, diverging opinions within the content industry, the curbing of pirate copying, the legalization of a widespread practice, the fairness of the levies and issues linked to the distribution of levy income are crucial to the development of new levy systems.