Draft copyright reforms propose private copying levy - International Law Office

The Ministry of Culture has published draft amendments to the Law on Copyright and Related Rights. The most significant and widely discussed proposal would introduce a private copying levy for personal reproduction and reprographic devices.

The ministry proposes to impose the levy on personal reproduction devices, including CD and DVD-burning devices, memory cards, home theatre equipment, MP3 players, hard disks and universal serial bus sticks. The levy would be paid by parties that manufacture such devices or import them for distribution. However, devices imported exclusively for personal use would be exempt, as would all computers and related devices (except for hard disks). The draft law proposes a levy of up to 6% of the item's sale price, with the possibility of a refund if the devices are exported or used for professional purposes or for the benefit of disabled people.

The levy would also apply to reprographic devices (eg, photocopiers), but photographic equipment would be exempt. The proposed levy for reprographic devices would be up to 3% of the sale price, with the possibility of a refund if a device were exported or used for the benefit of disabled people.

At present, only blank media and reprographic reproduction services are taxed in this way.

The draft was published for consultation in late July 2009 and may still be subject to amendment. Once approved by the government, it will be submitted to Parliament.

For further information on this topic please contact Edita Ivanauskienė at Lideika, Petrauskas Valiunas ir partneriai LAWIN by telephone (+370 5 268 1888), fax (+370 5 212 5591) or email (edita.ivanauskiene@lawin.lt).