RD378 - ETNO Response to Mediation Process Concerning Private Copying and Reprography Levies

ETNO welcomes the opportunity to contribute to the debate launched on how to tackle the existence of disparate levy systems throughout Europe and the need to adapt the functioning and scope of the levies in the today’s fast evolving digital environment.

Any modification in the regulatory framework should be aimed at fostering, and not hampering, the development of innovative services and facilitating their use by the users.

Executive Summary:

• Any modification in the regulatory framework should be aimed at fostering, and not hampering, the development of innovative services and facilitating their use by the users.
• Since the disparities in levies are due to the existence of both legal provisions and decisions of national courts which differently interpret the applicable laws, a harmonization effort by the European Commission would be opportune, for example through an interpretative Communication, with guiding principles.
• Remuneration should be, as far as possible, directly related to the private usage of protected works made by relevant users and not targeting all users. Double compensation is to be avoided.
• ETNO would welcome an increased consideration for more transparent technical protection measures, which are able to empower users to decide on what basis they access content, and allow rights holders to benefit from corresponding fair compensation.