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Apple faces iPod lawsuit for French copyright levies

OUT-LAW News, 12/03/2004

Apple Computer has not been paying royalties due to French music copyright holders on sales of its popular iPod music player, according to trade group the Société des Auteurs, Compositeurs et Editeurs de Musique (Sacem).

The association is threatening to take Apple to court if the fees are not paid – and to date, Apple has refused.

French music copyright holders benefit from legislation that levies fees on the sales of equipment and hardware that can be used to copy music – such as blank tapes, CDs and Apple's iPod.

The law, which has been in force since 2002, ensures that the money raised is then distributed to rights holders who are hit by music piracy – the musicians and composers.

Such levies do not exist in the UK. The difference is that French copyright law allows copying for private use – so it is lawful to copy your own copyright-protected CD to a cassette to play in your car. Levies on the sale of blank cassettes reflect this use to which many people put them. In the UK, copyright law does not permit private copying of CDs to cassette – but nor is there a levy on sales of blank media.

Sacem said that unless Apple pays up, it "will have no other option than to go immediately to court to make sure that the rights of artists, composers and producers are respected," according to Associated Press.

 

 

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