1. Levies on Reprographic devices to compensate authors and publishers Olav Stokkmo, Chief Executive, IFRRO 6 April 2011Polska Kziaska conference, Krakow

2. Exclusive Rights and their Limitations L ink between legislation and levies  Berne Convention – Article 9.1  Exclusive right to reproduce/authorise reproduction  BC – Article 9.2  Exceptions/Limitations to exclusive rights  Certain special cases  Not in conflict with the normal exploitation of the work  Not unreasonably prejudice the legitimate interest of RH  TRIPs; WCT; WPPT

3. Legislation Enabling control – supporting access Voluntary licence US, Brazil, Columbia, Nigeria, South Africa HK, Ireland (Education: Obligation to take up a licence) Voluntary License with legislative support Extended Collective Licence - Nordic countries + Voluntary France (Compulsory collective management) + Voluntary Latvia, Zimbabwe (Legal presumption) Legal licence Australia, Singapore; Netherlands, Switzerland (+ Voluntary) Levies Spain, Greece (+ Voluntary) Belgium, Germany, Poland (also beyond private copy)

4. Exclusive Rights and Limitations EC Directive; Link legislation and levies  Exclusive Rights  Reproduction  Making available/communication to the public  Distribution  Exception/limitation to the Exclusive right  Reprography (Directive 2001/29, Art 5.2.a):  Subject to fair compensation  Private copy (Directive 2001/29, Art 5.2.b)  Subject to fair compensation

5. Europe Levies in relation to text and images Equipment 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;  Cameroon  Ecuador, Paraguay, Dominican Republic

6. Levy Systems In relation to text and image based works  Equipment levy  Equipment 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  Libraries  Businesses

7. Legislation and the levy - Examples Exceptions i n relation to reprography  Spain  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 use  Copies of single works for Own scientific or archival use  Copies of out-of-print works  Copies 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 levy

8. Legislation and the levy - Examples Exceptions i n relation to reprography  Belgium  Law authorises reproduction  For 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 copies  Equipment and Operator levy

9. Thank you for your attention www.ifrro.orgOlav.Stokkmo@ifrro.org