Who Pays for Private Copying?

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 legalisation 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.

Contents
I. Introduction

II. Private Copying Levies
1. Private Copying Exception at EU Level
2. Fair Compensation
3. The Padawan Case
3.1. The CJEU Judgment
3.2. Effects of the Padawan Judgment in Spain
3.3. Effects in other EU Member States?

III. A File-Sharing Levy: Panacea or Chimera?
1. Legal Analysis
2. Controversy

IV. The Way Forward

• Primary Source

European Audiovisual Observatory: IRIS Plus http://www.obs.coe.int/oea_publ/iris/iris_plus/index.html

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