French Intellectual Property Code

Private copy levies are, under the conditions defined below, assessed according to the flat-rate method provided for in the second paragraph of article L. 131-4.

The remuneration provided for in Article L. 311-3 is paid by the manufacturer, importer or person making intra-Community acquisitions, within the meaning of 3° of I of Article 256 bis of the General Tax Code, of recording media usable for the reproduction of works for private use, when these media are put into circulation in France. This remuneration is also paid by the publisher of a radio or television service…

The amount of the remuneration provided for in Article L. 311-3 specific to each medium is brought to the attention of the purchaser when the recording media mentioned in Article L. 311-4 are put up for sale. An explanatory note on this remuneration and its purposes, which can be integrated into the medium in a dematerialised form, is also provided. This notice mentions the possibility of concluding exemption agreements or…

The types of media, the rates of remuneration and the methods of payment thereof shall be determined by a commission chaired by a representative of the State and composed, in addition, as to half, of persons appointed by the organisations representing the beneficiaries of the right to remuneration, as to one quarter, of persons appointed by the organisations representing the manufacturers or importers of the media mentioned in the first…

I.-The remuneration provided for in Article L. 311-1 is collected on behalf of rightsholders by one or more collective management organisations mentioned in Title II of this Book, approved for this purpose by the Minister responsible for culture. Authorisation is granted for five years in consideration of: 1° The professional qualifications of the organisation’s directors; 2° The means that the organisation proposes to implement to ensure the collection of rights;…

Remuneration for private copying of phonograms benefits authors within the meaning of this code in equal parts, performers in equal parts and producers in equal parts. Remuneration for private copying of videograms benefits authors within the meaning of this code, performers and producers in equal shares. Private copying remuneration for works referred to in the second paragraph of Article L 311-1 benefits authors and publishers equally.

I.-Private copy levies are not due when the recording medium is acquired for their own use or production by: 1° Audiovisual communication companies; 2° Producers of phonograms or videograms and persons who ensure, on behalf of producers of phonograms or videograms, the reproduction thereof; 2° bis Publishers of works published on digital media; 3° Legal persons or bodies, the list of which is drawn up by the minister responsible for…