[x-pubpol] Kluwer Copyright Blog Poll: Is the private copying system a virtuous system?

[Joly MacFie]

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Blog Poll: Is the private copying system a virtuous
system?<http://feedproxy.google.com/~r/KluwerCopyrightBlogFull/~3/a-ZIWeTe_Nk/?utm_source=feedburner&utm_medium=email>

Posted: 03 Mar 2014 01:35 AM PST
 *by Kluwercopyrightblog *

[image: blog-poll--levies-2]<http://kluwercopyrightblog.com/files/2014/03/blog-poll-levies-2.gif>*Last
week the European Parliament adopted a resolution
<http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7-TA-2014-0179&language=EN&ring=A7-2014-0114>
on private copying levies.* The initiative for the motion came from Ms
Francoise Castex MEP (Socialists and Democrats).

The European Parliament believes that *"the private copying system is a
virtuous system that balances the right to copying for private use with
fair remuneration to rightholders, and that it is a system worth
preserving."* The motion emphasizes that in times of budget austerity,
private copying levies constitute a vital source of revenue for the
cultural sector, and particularly for the performance arts, and *"that the
major disparities between national systems for the collection of levies,
especially as regards the types of product subject to the levy and the
rates of levy, can distort competition".*

The motion therefore calls on the Commission to *"look for common ground as
regards which products should be subject to the levy and to harmonise the
negotiating arrangement for the rates applicable to private copying, with a
view to enforcing a system that is transparent, equitable and uniform for
consumers and creators"*.

*In short:* private copying levies benefit all parties concerned, according
to the European Parliament. But do they really? And how should a European
private copying system be organized? We would like to hear your reaction to
statements that are partially based on this motion.

You will find 8 statements below and in the right column of this site. If
you want, you can attach your name to your survey answers. Or, if you want
the result to be anonymous, just leave out your name and email address. If
you have additional comments, you can either mail them to us or leave them
in the comment section under this blogpost. The poll will remain open until
[....]. The results of the poll will be discussed in a special post. Previous
blogs about this topic can be found
here<http://kluwercopyrightblog.com/?s=private+copying>
.

Please respond to the 8 statements below.
 *Please respond to the following statements:* "The divergent national ways
of imposing and administering private copying and reprography levies have
been a source of friction with the Internal Market principles of the free
movement of goods and services for quite some time."
(repor<http://kluwercopyrightblog.com/2013/02/04/eu-private-copying-recommendations-fall-in-january/>t
Antonió Vitorino) *Statement 1:*  Only a harmonised private copying system
is compatible with the objectives of the internal market.
Fully Agree Agree Neutral Disagree Fully Disagree
The motion considers that levies should be paid by manufacturers and
importers and not transferred to retailers. This is contrary to what
mediator Vitorino had suggested following the Padawan
decision<http://kluwercopyrightblog.com/2013/09/17/private-copying-levy-the-aftershocks-of-padawan/>of
the ECJ, which required that the level of the private copying levy be
revised to reflect the distinction between private and professional users
of media. * Statement 2:* Transferring the liability for paying levies from
the manufacturer's or importer's level to the retailer's level is necessary
to exclude digital reproduction equipment, devices and media that are
clearly reserved for uses other than private copying.
Fully Agree Agree Neutral Disagree Fully Disagree
*Statement 3:* Transferring the liability for paying levies from the
manufacturer's or importer's level to the retailer's level would result in
an excessive administrative burden for small and medium-sized distribution
companies and collective rights management organisations.
Fully Agree Agree Neutral Disagree Fully Disagree
The motion stresses the need to make clear to consumers the role of the
private copying system with regard to remuneration of artists and cultural
dissemination and urges Member States and rightholders to replace their
anti-piracy campaigns with 'positive' campaigns highlighting the benefits
of private copying levies? * Statement 4:* Anti-piracy campaigns should be
replaced with 'positive' campaigns highlighting the benefits of private
copying levies.
Fully Agree Agree Neutral Disagree Fully Disagree
Physical data carriers are used less frequently and the 'primary use' of
media or equipment (computers, smartphones) is very often much broader than
providing storage for copied material. *Statement 5:* The system of private
copying levies should be made more flexible, to include virtual storage
systems, such as cloud computing, as well.
Fully Agree Agree Neutral Disagree Fully Disagree
*Statement 6:* The system of private copying levies has become obsolete and
should be replaced by a general copyright tax.
Fully Agree Agree Neutral Disagree Fully Disagree
*Statement 7:* The system of private copying levies has become obsolete and
should be replaced by a licensing system.
Fully Agree Agree Neutral Disagree Fully Disagree
*Statement 8:* The system of private copying levies is the worst form of
fair remuneration, except for all those other forms that have been tried
from time to time. (Similar to Winston Churchills famous dictum on
democracy).
Fully Agree Agree Neutral Disagree Fully Disagree

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* Leave a comment on Blog Poll: Is the private copying system a virtuous
system?
<http://kluwercopyrightblog.com/2014/03/03/blog-poll-is-the-private-copying-system-a-virtuous-system-2/#respond>
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