e24702_SN004
Translated from French
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Article 104. Recipients. – Such remuneration shall be owed to authors, performers and
producers of phonograms and videograms.
Article 105. Private Copying Commission. – 1. A commission called the Private
Copying Commission is hereby established with responsibility for determining the basis
of remuneration for private copying and the amount of and payment procedure for such
remuneration.
2. The membership of the Commission shall be determined by means of regulations.
Article 105 (a). Basis. – Remuneration shall be based on the use of blank analog or
digital recording media, whether removable or not, and on recording equipment. The list
of such media and equipment shall be determined by the Commission referred to in
Article 105.
Article 106. Payment amount and procedure. – 1. The amount of remuneration and
the procedure for the payment thereof shall be determined by the Commission referred to
in Article 105.
2. The amount of remuneration shall take account of the degree of use of the
technological protection measures referred to in Article 125 and of their impact on
practices under the exception for private copying.
Article 107. Debtors. – 1. Remuneration for private copying shall be paid by the
manufacturer or the importer of blank recording media and recording equipment.
2. Such remuneration shall be refunded where the recording medium or equipment is
acquired for their own use or production by:
(a) broadcasting organizations;
(b) phonogram or videogram producers;
(c) legal persons or organizations, the list of which shall be determined by the Minister
of Culture, that use recording media or equipment for the purpose of assisting persons
with sight or hearing disabilities.
Article 108. Collection. - Remuneration for private copying shall be collected on behalf
of the entitled persons by one or more approved collective management societies.
Article 109. Distribution. – 1. Remuneration for private copying shall be distributed
among the entitled persons by the societies referred to in Article 108, depending on what
private reproductions of each work, performance, phonogram or videogram have been
made.
2. After deduction of the percentage referred to in Article 122, the remuneration shall be
distributed equally among each of the three categories of authors, performers and
producers.
Title II. – Collective management