on Reprographic devices to compensate authors and publishers Olav Stokkmo Chief Executive IFRRO 6 April 2011 Polska Kziaska conference Krakow Exclusive Rights and their Limitations ID: 152149
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Slide1
Levies on Reprographic devices to compensate authors and publishers
Olav Stokkmo, Chief Executive, IFRRO
6 April 2011
Polska
Kziaska
conference, KrakowSlide2
Exclusive Rights and their LimitationsLink between legislation and leviesBerne Convention – Article 9.1
Exclusive right to reproduce/authorise reproductionBC – Article 9.2
Exceptions/Limitations to exclusive rightsCertain special casesNot in conflict with the normal exploitation of the work
Not unreasonably prejudice the legitimate interest of RH
TRIPs; WCT; WPPTSlide3
LegislationEnabling control – supporting access Voluntary licence
US, Brazil, Columbia, Nigeria, South Africa HK, Ireland (Education: Obligation to take up a licence)
Voluntary License with legislative supportExtended Collective Licence - Nordic countries + Voluntary
France (Compulsory collective management) + Voluntary
Latvia, Zimbabwe (Legal presumption)
Legal licence
Australia, Singapore; Netherlands, Switzerland (+ Voluntary) LeviesSpain, Greece (+ Voluntary)Belgium, Germany, Poland (also beyond private copy)Slide4
Exclusive Rights and Limitations EC Directive; Link legislation and leviesExclusive Rights
ReproductionMaking available/communication to the publicDistribution
Exception/limitation to the Exclusive rightReprography (Directive 2001/29, Art 5.2.a):
Subject to
fair compensation
Private copy (Directive 2001/29, Art 5.2.b)
Subject to
fair compensationSlide5
EuropeLevies in relation to text and imagesEquipment levy
Spain, Greece, Luxembourg (not yet implemented)Bulgaria, Romania, Slovakia
Burkina Faso, Ghana, Mauritius, Nigeria
Equipment & Operator levy
Austria, Belgium, Czech Republic
,
Germany, Hungary, Poland, Portugal, Slovenia;
Bosnia, Croatia, Serbia; CameroonEcuador, Paraguay, Dominican Republic Slide6
Levy SystemsIn relation to text and image based worksEquipment levyEquipment used for copying permitted under exception
Photocopier; fax; multifunctional; scanners; printers DVD burner; CD burner; PC
Paper; DVD-R; CD-R, hard disk, diskettes, USB, etc. Specified in law; interpreted (basis is law); negotiated
Operator levy
Users, providers of facilities used for copying © works:
Copy shops
Educational institutions
LibrariesBusinesses Slide7
Legislation and the levy - ExamplesExceptions in relation to reprographySpain
Individual allowed to copy for Private use No collective or for profit use; No multiple copying;
Reproduction subject to payment of levy: Equipment levy
Germany
Law
authorises reproduction
Single copies for
Private useCopies of single works for Own scientific or archival useCopies of out-of-print worksCopies of small parts of works other than text books for teaching Copies may be in analogue or digital formats Reproduction subject to payment of levy
Equipment and Operator levySlide8
Legislation and the levy - ExamplesExceptions in relation to reprographyBelgium
Law authorises reproductionFor Private incl. internal use; pedagogical purposes; scientific research
By photocopying or similar technique of Short fragments
of works; entire articles; entire visual works
Equipment and Operator levy
Hungary
Individual allowed to copy for private purposes
May copy for others: Educational and cultural institutions; retail, copy shops and others charging for copiesEquipment and Operator levySlide9
Thank you for your attention
www.ifrro.org
Olav.Stokkmo@ifrro.org