Private copying, a vital resource for culture
Among the resources essential to the diversity of French creation is an efficient and virtuous system: remuneration for private copying. On June 10, 2021, MEPs adopted a fair and balanced compromise on refurbished devices.
June 10, 2021
Draft law on the digital environmental footprint: a fair and balanced decision
The creative sector welcomes the compromise adopted by the deputies, on remuneration for private copying and refurbished devices, as part of the bill aimed at reducing the environmental footprint of digital technology in France.
Refurbished phones and tablets are affected by private copying from their origin. This in no way constitutes a new obligation: manufacturers, sellers and telecom operators have been paying private copying remuneration for years for their sales of new and refurbished telephones.
By rejecting an outright exemption, the legislator gives immediate effect to the reduction of 40% of the private copying scale applicable to refurbished telephones and of 35% for refurbished tablets, in accordance with the decision of the independent commission in charge of this subject. This adapted scale was voted, on June 1st, on the basis of a usage study carried out by the GFK Institute. Its economic impact will be nearly 11 million euros in loss for culture, which thus supports the reconditioned appliance sector.
More than 8,500 artists, authors, creators, screenwriters, photographers, visual artists, filmmakers and organizers of cultural events called for support for remuneration for private copying and not to oppose culture and ecology.
The application of a differential tariff appears to be the most balanced, the most responsible and the most equitable solution to preserve the vitality of the cultural and creative industries, while encouraging the "second-hand" economy. This decision is fully in line with European case law.
The deputies' vote also provides that two reports will soon be ordered on the subject of private copying. We will contribute to the smooth running of this work.
The National Assembly has today confirmed, correctly, that the cultural world cannot be the adjustment variable of an economy battered by low-cost foreign competition. We share the point of view that the economic model of French reconditioners and social and solidarity enterprises must be, more than ever, protected and supported by strong State measures.
Remuneration for private copying is first and foremost the consideration of a freedom: the freedom given to any natural person to copy artistic and cultural works for their own use. It represents between 5 and 10% of the income of 200,000 artists and creators and a source of funding for more than 10,000 festivals, theaters and cultural projects in all the territories of our country.
Since the onset of the health crisis, private copying remuneration has played an important social role by financing numerous emergency aids and relief funds, which have supported more than 11,000 artists and creators in economic distress.
We thank the Government and the deputies for their support. We will remain attentive to respecting the fair balance voted on today when parliamentary work continues.