France: Decree No. 2013-1141 of December 10, 2013, regarding the Information for Purchasers of Recording Devices subject to Private Copying Remuneration

April 1, 2014

France: The Decree No. 2013-1141 of December 10, 2013, regarding the Information for Purchasers of Recording Devices subject to Private Copying Remuneration was issued by the Prime Minister on December 10, 2013, and entered into force on April 1, 2014. The Decree added four new articles (Articles R. 311-9 to R. 311-12) to the Intellectual Property Code ("the IPC"), which fix the rules for implementation of the terms of Article L.311-4-1 of the IPC relating to the obligation to inform the buyers of devices subject to copyright levies, created by Article 3 of Law No. 2011-1898 of December 20, 2011, on Private Copying Remuneration.

It provides that the amount of the copyright levy to each recording device, the explanatory manual on this remuneration and its goal as well as the URL address of the website on which a dematerialized version of the manual must be disclosed to the buyers (cf. Articles R. 311-9 and R. 311-11 of the IPC). It specifies the format of the required information if the device is sold in a store, in case of distance selling or selling through material conditions not allowing a physical display, or when a device is sold to a professional (cf. Article 311-10 of the IPC). It also details the administrative procedure in case of non-compliance with the information obligation (cf. R. 311-12 of the IPC).