Private digital reproduction
Private Copying Committee
Remuneration for private digital reproduction
This remuneration is specifically governed by the following provisions of the Intellectual Property Code:
- Remuneration for the private copying of works on any media other than record players or video-players is distributed between rights holders by societies for the collection and distribution of PLR in respect of the private reproduction to which each work has been subject (art. L.311-6);
- It applies equally to authors and publishers (art. L.311-7);
- 25% of the money arising from remuneration for private reproduction must be used to promote creativity, support greater access to live performances and artistic educational activities(art. L. 321-9).
For the written word
Under a protocol signed on 25 October 2005 between ADAGP, SACD, SAIF and SCAM concerning the management of the written word element of remuneration for private reproduction, SOFIA collects the corresponding sums from SORECOP and COPIE France. A working group with members from writers’ societies decides on the distribution of sums due to authors on the basis of usage surveys, with SOFIA doing the same for that part due to publishers.
Regular studies carried out by a specialised institute (in this case, Médiamétrie) involving a sample of more than 9000 people, determine the categories of works copied and, consequently, the number of beneficiaries as a function of the total number of rights holders reported by each society.
SORIMAGE is a holding company linking several collection societies in a single sector; this company was specially created in 2005 to collect and distribute remuneration in respect of the private copying of still images.
This company consists of two colleges: Authors and Publishers, within which can be found the collection societies representing rights holders for still images.
SOFIA is involved with both colleges in respect of that portion of rights due to publishers and for its members within the category of authors of “graphic novels” and “children’s illustrators”.
Distribution of sums within SORIMAGE is also undertaken on the basis of surveys carried out by Médiamétrie that measure in this case the amount of private copying as a function of the images contained in the various categories of work.
The Standing Committee of SOFIA submits to the Board of Management of SOFIA the results of this work and proposes distribution rules for this remuneration, both for that part due to publishers as well as for that due to those authors who are exclusively represented by SOFIA.
Article L.321-9 of the Intellectual Property Code (IPC) requires those organisations responsible for collecting and distributing rights payments to assign 25% of the sums collected in respect of private copying to activities in support of creativity and live performances and to providing training for writers. The remaining 75% is to be distributed equally between authors and publishers of books copied privately onto digital media. Such payments are intended to compensate for any loss of revenue resulting from private copying of works carried out by private individuals for their personal use. This aspect of cultural support is thus funded by these new authors’ rights adopted under the legislation dated 17 July 2001.
Societies representing authors and interpretive artists launched a publicity campaign in 2007 about remuneration for private copying, explaining to the public the origin of the funds to be used to implement their cultural support policy – see the Private copying internet site
How to submit a request for Support for Cultural Activity and Training
This support funding for creative projects or training is awarded in order of priority to members of SOFIA, to professional organisations or Associations representing the interests of writers whose proposals meet the conditions laid down in articles L.321-9 and R. 321-9 of the IPC.
According to this letter, the following meet the criteria for “support given to defence, promotional or publicity activity undertaken in the interest of creators and their works:
c – technical and professional publicity activity concerning creativity, its topicality, specialisations, and national and international marketing, such as publications, the issue of catalogues and professional journals, data bases and information issued by resource centres aimed at the artistic professions, and export advice”.
This letter also states that “the available funds, which article L.321-9 of the IPC states are to be employed in support of creativity, the development of live performance and training, are not to be used to fund any assistance or activities that, however commendable, are only indirectly associated with this aim. The following are therefore unlikely to be approved for funding in this context:
d – Support for trade unions or professional defence organisations;
Applications must include:
Applications with full supporting documents are to be submitted to: