Single chapter

The remuneration provided for in Article L. 311-3 is paid by the manufacturer, importer or person making intra-Community acquisitions, within the meaning of 3° of I of Article 256 bis of the General Tax Code, of recording media usable for the reproduction of works for private use, when these media are put into circulation in France.

This remuneration is also paid by the publisher of a radio or television service or its distributor, within the meaning of the loi n° 86-1067 du 30 septembre 1986 relative à la liberté de communication, which provides to a natural person, via remote access, the reproduction for private use of works from a programme broadcast linearly by that publisher or its distributor, provided that this reproduction is requested by that natural person before the broadcast of the programme or during it for the remaining part.

The amount of the remuneration depends on the type of medium and the recording duration or capacity that it allows or, in the case mentioned in the second paragraph of this article, on the number of users of the storage service offered by the publisher or distributor of the radio or television service and the storage capacities made available by that publisher or distributor.

This amount also depends on the use of each type of medium and, in the case mentioned in the same second paragraph, the storage capacities made available by a publisher or distributor of a radio or television service. This usage is assessed on the basis of surveys. However, when objective elements make it possible to establish that a medium or storage capacity made available by a publisher or distributor of a radio or television service may be used for the reproduction of works for private use and must, therefore, give rise to the payment of remuneration, the amount of this remuneration may be determined by applying only the criteria mentioned in the third paragraph, for a period that may not exceed one year from the date of this liability.

The amount of remuneration takes into account the degree of use of technological measures defined in article L. 331-5 and their impact on uses covered by the private copy exception. It may not provide remuneration for acts of private copying that have already given rise to financial compensation.

For second-hand recording media and those integrated into a second-hand device within the meaning of Article L. 321-1 of the French Commercial Code which are put into circulation after having undergone tests relating to their functionalities and establishing that they comply with legal safety obligations and the use to which the consumer may legitimately expect to put them and, where applicable, after having undergone one or more interventions in order to restore their initial functionalities, in particular their recording capacities, the remuneration due must be specific and differentiated from that established for new recording media of the same nature. The remuneration is not due for second-hand recording media or recording media integrated into a second-hand device whose reconditioning has been carried out by a private-law legal entity meeting the conditions set out in Article 1 of Law no. 2014-856 of 31 July 2014 on the social and solidarity economy. To establish the amount of the remuneration, the commission defined in Article L. 311-5 of this code takes into account differences in the recording capacity of the media, usage as well as the duration of use of the devices.

The amount of remuneration set for the media mentioned in the penultimate paragraph of this article may not be changed before 31 December 2022.