Mr António Vitorino, appointed by the Commissioner Barnier, has launched the process which aims to identify the best manner to achieve coherence, effectiveness and legitimacy in the implementation and application of the principles and legal framework underpinning private copying and reprography levies.

The mediation process on private copying and reprography levies has been launched by Mr António Vitorino, who was appointed for such task by the European Commissioner for the Single Market, Michel Barnier. In the framework of this appointment, Mr Vitorino was asked to identify the best manner to achieve coherence, effectiveness and legitimacy in the implementation and application of the principles and legal framework underpinning private copying and reprography levies for the good functioning of the Single Market.

According to Mr Vitorino, their objectives are, firstly, to identify possible ways to tackle the issue of disparate levy systems negatively affecting the functioning of the Single Market. Also, to assess the functioning and the scope of the private copying and the reprography exceptions in today's fast evolving digital environment. As an example, the Court of Justice recently ruled that dentists who broadcasts phonograms in his private dental practice are not breaking the EU law.

Member States may provide exceptions for rightholders that have an exclusive right to authorise or prohibit the reproduction of their works (e.g. books, music, films) and other protected subject matter (e.g. phonograms, broadcasts). The private copying and reprography (copying by means of a photographic technique) exceptions are two of them. Rightholders must receive fair compensation when their protected content is copied by virtue of these exceptions. Member States often provide for fair compensation by imposing levies on goods that are typically used to produce copies (such as blank CDs, recording equipment, MP3 players, computers, printers, scanners, etc.). However important differences exist between Member States' levy systems. These differences therefore affect the smooth functioning of the Single Market.