The new law on copyright and related rights has entered into force and has been published in the Official Gazette. The document sets out, among other things, three defining moments in the process of collecting compensatory remuneration for private copying.

Thus, the new law has as an annex the list of objects for which the Compensatory Remuneration is paid, based on the tariff headings of the Combined Nomenclature of Goods. Previously, the law contained vague and uncertain wording regarding the items for which the Compensatory Remuneration is paid. Specifically, Article 26 of the former law listed a series of equipment and media, using the misleading phrase “etc.” at the end of the list. This phrase was open to extensive interpretation, but also open to challenge.

The new law also sets out the mechanism for informing collective management organisations about potential payers of compensation. Thus, the Customs Service informs AGEPI about the importers of the items on the list annexed to the law, and AGEPI in turn subsequently informs the Collective Management Organisations about these importers. Such a support and information mechanism was missing in the old law.

The third defining provision in the new law concerns the amount of the Consumer Remuneration. That is, a fixed amount of compensatory remuneration, equal to 0.3% for the equipment and material supports listed in the annex to the law, was indicated. Previously the law stated that this fee could exceed 3 per cent, as the old law used the phrase “at least”.

All these legislative changes have been discussed over 5 years on the Economic Council platform, with the participation of all parties involved in this process, which comes to establish a clear and mutually fair and beneficial mechanism in the collection and payment stages of the private copying remuneration.

The Secretariat of the Economic Council to the Prime Minister is supported by the European Bank for Reconstruction and Development, funded by the UK Government’s Good Governance Fund, and the International Finance Corporation’s Investment Climate Reform Project funded by the Government of Sweden’s International Development Agency.

The Secretariat of the Economic Council to the Prime Minister is supported by the European Bank for Reconstruction and Development, funded by the UK Government’s Good Governance Fund.