The scolded and questioned model for private copying allowance is about to be redone. By private copying compensation is meant the compensation paid to culture creators when the electronics industry sells storage media that are considered “specifically intended for private copying”.
The compensation has been accused of being antiquated, leading to more expensive gadgets for consumers and is often referred to as “cassette tax” by detractors to show its mossiness. Which units are to be covered has also been debated.
Gadget development is going at a fast pace, streaming services dominate and it is not difficult to find arguments that they gigabyte-based tariffs on storage needed to be reviewed. The government announced as early as 2018 that it was prepared to do just that. Two years later, an inquiry was set up to develop a new model for the compensation, and today it finally came to pass report which should guide the decision-making process.
The inquiry proposes “partly new rules for how the delimitation of those who are entitled to compensation and liable for compensation should be made, and partly that a certain responsibility for determining the compensation should be transferred to the state.”
New authority is proposed
No compensation levels should be carved in stone either. Instead, the inquiry wants to create a new authority that every two years will specify which “devices” are to be covered by the obligation to pay compensation and what the compensation levels should actually be.
The report is welcomed by both the electronics industry and Copyswede, the organization that represents culture creators and pays compensation money. In each statement they say:
– Today’s message from the investigation is welcome. The system is old and has become both outdated and unfair. It is not reasonable for consumers to compensate the rights holders both through fees for streaming services and through their purchases of, for example, mobile phones. It is highly anticipated that a change of this is proposed, says Pernilla Enebrink, CEO of the Electronics industry.
Mattias Åkerlind, CEO of Copyswede:
– Many of our members testify to how digitalisation has created new opportunities but also made it more difficult to live on their art and protect their works. In that shift, PKE has become an increasingly important part of the system for copyright compensation. For some, PKE is a prerequisite for daring to invest in new cultural projects. We know that private copying is widespread and it is important that a future arrangement is stable and predictable in the long term.
The report proposes that the amendments enter into force on 1 July 2023, and that certain transitional rules will apply. The entire 258-page investigation can be found here.