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European creative industry groups issue declaration on private copying remuneration
By CMU Editorial | Published on Thursday 27 September 2012
Pan-European indie labels trade body IMPALA and the International Federation Of Musicians are among a number of creative industry trade bodies to sign a declaration calling on political leaders in Europe to ensure ‘private copying remuneration’ remains part of the copyright system in European countries where a private copy right exists.
As previously reported, in most European countries copyright law allows users of content to make private copies for personal use without permission from the copyright owner – so if a music fan buys a CD, they can legitimately rip it to their PC, transfer the files to their smartphone, and burn a back-up CDR for the car. Or, as is becoming more relevant in this domain of late, upload copies of their digital music files to a digital locker like those operated by Google, Amazon and Apple, and re-access their files via any net-connected device.
The private-copy right principle emerged in the mid-20th century when home recording devices became widely available. In most countries where the right was introduced, copyright owners were compensated by some kind of ‘remuneration’ system, which usually involved a levy being applied to blank recording media like cassettes and CDRs, which would be somehow passed back to the creative communities whose work was being copied.
Of course those systems have become redundant as sales of cassettes and CDRs have slumped. The challenge has been to decide what new devices to apply levies to, and around the world different countries where remuneration exists have tackled this in different ways. The obvious thing is to add the levy to MP3 players, though the technology companies which make such devices have tried to resist such a move where they can. And their arguments possibly get stronger as MP3 players become redundant, replaced by smartphones, because phone makers will say that a sizable number of consumers will never use their mobiles to make copies of music.
All of which is why European Commissioner Michel Barnier has appointed a mediator to discuss the matter with all stakeholders in Europe, and propose some long-term solutions. Which is why IMPALA, FIM et al have issued a statement on the matter now, fearing that the big technology companies will use Barnier’s review to try and get the levies axed completely.
Their statement said: “Rightsholders have always been and remain willing to discuss ways of making the system work better for everyone. This compensation for hundreds of thousands of creators across Europe has not hampered device sales in countries where it is applied. Our members do not understand the heavy lobbying of electronics manufacturers to abolish this remuneration system, which, although perhaps not entirely perfect (and we, the undersigned, are open to discussions on how to improve it), clearly achieves its objectives. Consumers are able to copy legally onto and between their different devices and creators are remunerated for such uses”.
“The undersigned organisations, representing authors, performers and producers of musical, audiovisual, literary and visual arts works, declare the following… Rightsholders have a right to authorise all reproduction of their works but have accepted reasonable exceptions to this right in the interest of the public and practicality provided they received remuneration for such acts. Rightsholders deserve to be fairly and proportionally remunerated for their work and all uses thereof. Private copying generates an essential part of rightsholders’ remuneration. Remuneration payable on the copying media and devices is the best way of linking the act of making private copies to the payment of remuneration to rightsholders. The current remuneration system, as applied in most European countries, is not intrusive and preserves the privacy of consumers”.
Of course, as also previously reported, in the UK there is no private copy right, so no such remuneration system exists, even though millions of consumers have made private copies of music for years. Though the European review is still relevant here. Two government reviews in the last decade have said a private copy right should be introduced in the UK, but without remuneration. In theory the government is meant to be looking into putting that recommendation into action, and the music industry is getting ready to lobby for a levy (or something similar).
Arguably the strongest argument for the UK copyright system providing remuneration to rights owners for private copying is the requirement to be harmonised with the rest of Europe, so those in the British industry who plan to lobby for a levy system if and when private copying is allowed here need the concept of remuneration to remain at a European level.
