Spanish government starts adjusting their private copying levy system

Last summer, it became clear that the Spanish private copying levy system had to be adjusted, as the ECJ ruled the levy system was disproportionate. The ECJ ruled the levy system didn’t take into account the intended use of the device that is subject to the extra charge. The fee did not meet the criteria of the EU Directive 2011/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society either. Now, Spain started adjusting their private copying levy system.

The Spanish government adopted a new regulation on private copying last month, which entered into force on January 1, 2012. Details about the new system are unclear. However, it is clear that instead of manufacturers or importers who pay the compensation, the Spanish government will pay the levies. The rate of the levies will be based on the estimated damages caused by the private copying. It is interesting to see whether the Spanish private copying levy system will be further adjusted and if the new system will meet the ruling of the ECJ.

The discussion on adjusting the private copying levy system also started in the Netherlands. Last month, the Dutch government discussed if the levies should be altered. However, a conclusive point of view on the question hasn’t come from the Parliament just yet.

Read more about the Spanish levy system on FutureofCopyright.com:

• ECJ confirms legality of private copying levies, but their application raises practical concerns

Reference: International Federation of Reproduction Rights Organization

By: Karen Groen