Private Copy

A private copy is an exception to copyright law that allows the reproduction of a work without the prior authorization of the author, provided that this reproduction is strictly reserved for the private use of the copier and not intended for collective use. This exception is governed by Article L122-5 of the French Intellectual Property Code, which states:

“When a work has been disclosed, the author may not prohibit: […] 2° Copies or reproductions made from a lawful source and strictly reserved for the private use of the copier and not intended for collective use, except for copies of works of art intended for the same purposes as those for which the original work was created, and copies of software other than backup copies made under the conditions set forth in II of Article L. 122-6-1, as well as copies or reproductions of an electronic database.”

To compensate for the loss of income suffered by rights holders due to this exception, a private copying levy has been established. This compensation takes the form of a fee applied to blank recording media and devices that enable the reproduction of works. Articles L311-1 to L311-8 of the French Intellectual Property Code regulate this mechanism. Article L311-1 specifically states:

“Authors and performers may not prohibit copies or reproductions made from a lawful source and strictly reserved for the private use of the copier and not intended for collective use. Producers of phonograms and videograms may not prohibit these copies or reproductions. A remuneration for private copying is due to authors, performers, and producers.”

The distribution of this remuneration among different categories of rights holders is detailed in Article L311-7 of the same code. It benefits authors, performers, and producers of phonograms or videograms.

It is important to note that the private copying exception does not apply to software, except for backup copies made under the conditions specified in Article L122-6-1 of the French Intellectual Property Code. Moreover, this exception must not interfere with the normal exploitation of the work or cause unjustified harm to the legitimate interests of the author.

In summary, private copying is a copyright exception that allows individuals to reproduce works for their personal use, subject to certain conditions. This exception is balanced by specific remuneration intended for rights holders, ensuring a fair equilibrium between authors’ rights and public access to works.