
The undersigned European organisations of authors, performers and producers have taken note of the recommendations presented by Mr Antonio Vitorino, which mark the conclusion of the mediation process on private copying levies initiated by the European Commission.
We strongly disagree with the main orientations recommended by Mr Vitorino. In the event that the European Commission were to accept these recommendations, the result would: i) have a negative effect on consumers; ii) damage the interests of rightholders (and thus damage the development of European culture); and iii) increase the complexity of licensing agreements. The parties that would benefit are only importers and manufacturers of recording media/devices, which are mainly non EU companies.
Our main concern is that licensing is seen as a way of eradicating private copying levies, which is contrary to the model applied today in most EU countries where both systems are complementary. By adopting such a position, Mr Vitorino goes back in time to when the very principle of the private copying exception in the digital era was challenged by those who called for the implementation of technical protection measures instead. This was not the solution ultimately chosen in Europe under the 2001 Copyright Directive.
By stating that copies made by end-users for private purposes from a licensed service do not cause any harm (therefore not requiring the corresponding remuneration from private copying levies), Mr Vitorino basically suggests eliminating private copying levies, notably for so called “new business models in the digital environment”.
This appears to represent a gross misconception of the private copying system. Licensed services receive authorisation for the exploitation of works based on the specificities of each business model, while the remuneration for private copying is organised through the levy-based system to guarantee that users are able to make private copies, whatever the service’s business model.
With this recommendation, Mr Vitorino proposes to get rid of the exception when services are licensed, under the assumption that rightholders should include the price of private copies in the authorisation.
Such a proposal would:
Several other proposals recommended by Mr Vitorino concerning the functioning of existing levy systems would also have significant negative consequences.
The undersigned organisations regret that Mr Vitorino didn’t consider the rightholders’ proposals to improve the levy-based system nor he did pay attention to the main drawbacks of his recommendations on authors, performers and producers, to the detriment of European creation and cultural diversity. We call on the European commission and the Member States to reconsider these aspects of Mr Vitorino’s proposals and to envisage a more balanced approach.
AEPO-ARTIS - Association of European Performers’ Organisations
Xavier Blanc, Secretary General
EUROCOPYA - European Federation of Joint Management Societies of Producers for Private Audiovisual Copying
Idzard van der Puyl, Secretary General
GESAC - European Grouping of Societies of Authors and Composers
Véronique Desbrosses, General Manager
SAA - Society of Audiovisual Authors
Cécile Despringre, Executive Director