Reference Points for and Obligors of Levies in the Online-World: Should ISPs Be Obliged to Pay the Levies for Cloud Services and Private Copying?

Abstract

Private copying as limitation of copyright is well acknowledged in many countries, and some of them (especially European countries) have institutionalized a levy system that makes it possible for rights holders to obtain a certain amount of money as compensation. Then, should Internet service providers (ISPs) also be obliged to pay the levies for the reason that they make it possible for end-users to do private copying in the Cloud? To answer this question, we must know whether and to what extent reproduction taking place in the Cloud are to be regarded as private copying. Some exploratory discussion has already occurred in specialized commissions in France and Japan. But we must take note that the levy itself is now faced with challenges that make us reconsider thoroughly the rationale of the system.