French Parliament agrees to keep refurbished devices within the private copying regime but at lower rates

By Emmanuel Legrand

The French Parliament has passed an amendment introduced by the government that will fix the issue of the private copying regime applied to refurbished media such as smartphones or tablets. The amendment was discussed as part of the proposed law aimed at reducing the environmental footprint of digital technology in France.

  An earlier amendment from members of the Parliament threatened to simply suppress private copying remuneration on refurbished devices. The compromise amendment, presented by Minister of Culture Roselyne Bachelot, still makes reconditioned devices eligible for the remuneration but with different rates than for new devices.

  The commission for the remuneration from private copying agreed on June 6 to a discounted rate of 40% on smartphones and 35% on refurbished tablets. According to the amendment – which was adopted by 58 votes for, 8 against and 6 abstentions – these rates will now be in place until the end of 2022.

A report on the economic impact of private copying

  The National Assembly also adopted another amendment, introduced by Éric Bothorel, who called for the drafting of two reports on private copying. The first one, to be released before December 31, 2021, will focus on "the remuneration for private copying as well as the functioning and governance of the commission on private copying." The second, to be published before December 31, 2022, will analyse the “economic impacts of compensation, in particular on new and reconditioned products.”

  Copie France, the organisation that collects and distributes the proceeds from private copying, said the creative world "welcomes the compromise adopted by the members of Parliament on the remuneration for private copying relating to refurbished devices."

  It added: "By rejecting an outright exemption, the legislator gives immediate effect to the reduction of 40% of the private copying rates applicable to refurbished telephones and of 35% for refurbished tablets."

A fair balance

  Copie France thanked the Government and the members of Parliament "for their support" and pledge to "remain attentive to respecting the fair balance voted on today when parliamentary work continues."

  Jean-Noel Tronc, CEO of French music rights society SACEM, wrote on Twitter that the June 10 vote was "a responsible decision to preserve the cultural & creative dynamism of our country while encouraging the growth of the refurbished appliance market."