mer., 28 janv. 2015 10:24:00 +0000

Less legal documents to provide for a new request for reimbursement of payment for a private copy in the event of an unchanged situation.

The Order of 20 December 2011 relating to the file requesting reimbursement of payment for a private copy was amended by the Order of 19 December 2014 effective 28 December 2014, applying III of Article L.311-8.

The amendments at the administrative level are the following:  

  • The requirement for inclusion of the current articles of association in the file for request of reimbursement are no longer referenced in 2° but rather in 3°;
  • A last paragraph is added to Article 1 stating that "all new reimbursement requests submitted after a filing referenced in the first paragraph including the documentary evidence referenced in 1°, 2° and 6° and, only if the new components so justify, those referenced in 3° through 5° ».

Therefore, the components required for the first request for reimbursement of payment for a private copy do not change in the version of the Order effective as of 28 December 2014.

For all new requests subsequently made, it is no longer necessary to attach the documents referenced in 3° (notably, By-laws and the Kbis extract) and in 5°.

However, if the new components relating to the documents referenced in 3° and 5° exist at the time of the new request, the file must include the latest versions of the documents.


Lack of harmonisation at the European level

For the European Union Court of Justice (CJUE), the private copy remains an independent community concept. However, if the Member States should decide to establish « an exception for the private copy », it must be applied in compliance with their legal traditions in a manner for respecting Directive 2001/29 of the European Parliament and of the Counsel of 22 May 2001 on the harmonisation of certain aspects of copyright law and of related rights in the information society and therefore, assuring proper functioning of the internal market.

The Minister of Culture and Communication, Ms. Fleur Pellerin, recently reaffirmed her refusal for harmonisation at the European level on the issue of the private copy