The Use and Abuse of Copyright Levy Systems

Copyright levy systems have long been used in Europe when exclusive rights may not achieve the purpose of adequately remunerating authors for the use of their works, in particular in situations in which exclusive rights are not desirable as a political matter or may be difficult to enforce as a practical matter, for example with regard to private copying. More recently, however, at least in some jurisdictions, copyright levy systems have been enacted or are being proposed for non-copyright purposes, for example as a substitute for taxing Internet companies. This presentation will first give a brief overview of the evolution and transformation of copyright levy systems in Europe and will then focus on and critically assess the merits of recent developments in this field, including the currently proposed Swiss legislative alternative to the European Union's press publisher right.