PRIVATE COPYING REMUNERATION IN SWEDEN A beneficial system, but not (yet) a satisfying solution for remunerating right holders for the substantial private use of still images in modern everyday life. 10 November 2016

Private copying remuneration (pcr) Right to special remuneration Articles 26 k-m Swedish Copyright Act Aims to compensate rights holders for the private copying limitation of copyright. Fair compensation according to the Infosoc directive. Paid by businesses who import or manufacture devices which are especially suitable för the making of copies of works for private purposes. The remuneration is collected by Copyswede and distributed individually to right holders.

Private copying remuneration (pcr) Subject to PCR are devices or material support on which sounds or moving images may be recorded, and which are especially suitable for the making of copies of works for private purposes.

Successful lawsuits Recent court cases confirm that smartphones shall be included as PCR devices. Especially suitable gets generous interpretation by Supreme Court. Highly fitted for private copying Assumed to be used for private copying to a not inconsiderable extent Retail price User friendliness Storage capacity Etc.

Private copying remuneration (pcr) Liable for payment of PCR are businesses who import or manufacture these devices. Not private indivuduals. The PCR is not a tax! However the industry has taken great efforts to describe it as such.

Which copied works are covered by pcr? All kinds of works are covered by PCR provided that they have been broadcast by radio or TV, or have been published on material support by means of which they can be reproduced. (Home entertainment such as CD, DVD, Blu-Ray etc) These works are assumed to be copied by the public.

Remuneration levels 0.0025 SEK per megabyte storage capacity (for devices where digital recordings can be made repeatedly) The legal levels may be – and are – reduced through negotiatons between Copyswede and the electronics industry.

distribution 89 million SEK distributed in 2015 Only circa 1 % distributed for still images

Advantages with pcr Smart and efficient Fair Legal Template remuneration professionally collected and distributed. Beneficial for consumers as they are allowed to copy freely without any reporting duties. Fair The PCR is aimed at businesses who benefit on the private copying Unrepresented authors are entitled to PCR on the same terms as represented. Legal Sweden is obliged by international treaties to uphold a system of fair remuneration to right holders.

Still images and pcr Visual right holders receive only a minimal share of the remuneration. PCR only covers devices on which sounds or moving images may be recorded. Scanners, photocopiers, printers and digital cameras are excluded. Only works that have been broadcast or published on discs are subject to PCR. Result: Works published web-exclusively are not subject to PCR. Only a limited amount of visual art is televised

Is there a need for a pcr revision? Internet is obviously a vast source of private copying of still images, but is not covered by PCR. Tens of thousands of snapshots with camera phones are taken every week in galleries, museums and art houses It can be argued that with today’s information technology the current PCR does not meet Infosoc requirements of fair compensation

Looking at the horizon… Investigate the advent of a PCR-like remuneration system in certain areas instead of licensing concerning the image user’s private, non-professional sphere that are impossible or unreasonably hard to license and monitor that are image heavy that are of minor economic importance for the right holder Private non commercial web sites and blogs Social media Identify commercial enteties who build its businesses or otherwise benefit from the image use Current group of enteties liable for PCR payment Social media (Facebook, Instagram, Flickr etc.) ISPs