Analysis of Recommendations by Antonio Vitorino results from mediation on private copying and remuneration for reprographic Cover Image
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Analiza Recomandărilor lui Antonio Vitorino rezultate din medierea privind copia privată şi remuneraţiile în reprografie
Analysis of Recommendations by Antonio Vitorino results from mediation on private copying and remuneration for reprographic

Author(s): Ana-Maria Marinescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: recommendations; private copy; remunerations; schemes; reprography; reproduction right; 3 steps test; limitations and exceptions; Directive 29/2001/EC.

Summary/Abstract: The core elements of the recommendations are to clarify that copies that are made by end users for private purposes in the context of a service that has been licensed by rightholders do not cause any harm that would require additional remuneration in the form of private copying levies, also that levies should be collected in cross-border transactions in the Member State in which the final customer resides, and the fact the liability for paying levies should be shifted from the manufacturer's or importer's level to the retailer's level while simplifying the levy tariff system and obliging manufacturers and importers to inform collecting societies about their transactions concerning goods subject to a levy, or alternatively, clear and predictable ex ante exemption schemes should be established. In the field of reprography, the core elements of the recommendation, are set on the fact that more emphasis should be placed on operator levies than on hardware based levies. Regarding the final customers, the levies should be made visible for them, and as regards the negociation procedures, there is a need to provide a procedural framework that would reduce complexity, guarantee objectiveness and ensure the observance of strict time-limits.

  • Issue Year: 2013
  • Issue No: 03
  • Page Range: 34-50
  • Page Count: 17
  • Language: Romanian
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