What is the “digital levy”?
It is a financial compensation that, following the approval of Decree-Law 12/2017, of July 3, will benefit authors, publishers, and creators through sales by manufacturers and distributors of devices, equipment, or systems capable of making copies of protected works.
Therefore, PcComponentes will have to charge, where applicable, compensation for the sale of non-typographic products or devices, sold on www.pccomponentes.com, which, intended exclusively for private use, non-professional or business-related, reproduce works owned by third parties.
When did the regulation come into effect?
The regulation came into effect on August 1, 2017. You can see the publication in the BOE at this link.
As of July 1, 2023, a new update to this regulation will come into effect. You can find all the information here.
What is private copying?
The so-called “private copy” is a legal limitation on the author's exclusive right to authorize or prohibit the reproduction of their works. Directive 2001/29/EC and the Intellectual Property Law (art. 31.2) regulate this limitation and allow individuals to make copies of works they have legally accessed, for personal use, without the authorization of the rights holder. As compensation for this limitation, the law provides for fair compensation (article 25) intended to mitigate the economic damage caused to rights holders by private copying.
Who will not have to pay it or can request a refund?
The law provides for an exemption and refund system for these compensations, which is regulated in the new art. 25, points 7 and 8 of the Intellectual Property Law, modified by the aforementioned Royal Decree-Law 12/2017. It regulates the method and requirements for justifying the right to reimbursement for individuals and legal entities exempted by law and/or those who, although not exempt, have demonstrated that the purchased product is intended for exclusively professional use or for export or intra-community delivery.
In this regard, companies, professionals, freelancers, and public bodies exempt in the indicated sense must obligatorily provide PcComponentes with the certificates established by the Royal Decree-Law to prove they fall under the exemption conditions for the levy, so it can be legally applied.
Who will benefit from the “digital levy”?
Authors, artists, performers, publishers, and producers of books and other publications, phonograms, videograms, and other sound, visual, or audiovisual media.