Fair compensation for digital private copy

Mariana Mourão Reis

Keywords

Private copy; fair compensation; copyright; authors; free use; right to reproduction; “levy”.

Abstract

This work is an overview of the Portuguese “private copy and fair compensation” legal system, in Copyright domain, which also refers to European Union context (especially the Directive 2001/29/CE.) Fair compensation is due to compensate right holders hopefully authors and artists, for the economic impact on their revenues that private copy of protected works may cause. This copy is the one produced by a singular person, not a company. There are two main possible schemes of compensation: individual or collective (“levy”). The “levy” scheme still is the traditional form. Throughout the years this compensation has been in the centre of discussion of whether it is effective and justified, and which form (individual or collective) should prevail. In times when Copyright is trying to adapt and protect authors and simultaneously the freedom of Information online a mechanism such as “fair compensation” provides at least a chance to reflect about a way of finding a fair balance between all the interests and rights at stake.