Fair compensation for private copying as stated in article 5. 2 b) of the EU Directive 2001/29/EC provides journalists and press photographers with a just financial return for the secondary use that is made of their work (audiovisual, print, photographs) be it saved on an ipod, a computer hard disk, a USB key or a CD Rom.
In this respect, the EFJ believes that the wording "fair compensation” referred to in Article 5.2 b) means “equitable remuneration” because recital 35 of this directive rules that the rightholder must receive a payment
We believe that the system of levies to compensate for private copying functions well. Levies enable the reproduction of journalistic works and wide use and access for all consumers, including creators, to copyright protected works. Levies therefore play a crucial role in maintaining the circulation of information, especially in new media.
Moreover, the distribution of copyright levies functions well. Collecting societies ensure that the amount collected are duly distributed to all right holders at low costs and journalists, photographers and their representatives take part in the decision making process over fees’ distribution. The equal participation of all rightholders in collecting societies’ decisions ensures that these organizations function democratically.
Download EFJ's response here