What is the legal exception for private copy?

The Copyright Act of 30 June 1994 introduced an exception for private copy.

This exception to the exclusive right of the rights holder authorises private persons to reproduce works on an analogue or digital support (such as a CD, DVD, hard drive, USB stick, video or audio cassettes) insofar as the reproduction takes place in a family setting and is strictly for private use.

In order to compensate for this legal exception, an equitable remuneration was introduced on devices and supports that make the reproduction of these works possible. The amount of remuneration on the devices and supports is established by Royal Decree.

The copyright collection society Auvibel collects and distributes this remuneration. Auvibel represents the copyright management companies who in turn represent the rights holders.

In 2012 a law expanded the exception for private copy to include all protected works (so not only sound and audiovisual works, but also textual and visual works). A Royal Decree of 18 October 2013 has entered into force this law which has extended the scope of the exception to tablets.

For more information on the private copy please consult Auvibel.