Private copying (Art. 5.2(b) InfoSoc)

This (optional) exception or limitation allows natural persons only to reproduce - on any medium - works and other protected subject matter (other than databases and software) solely for private and non-commercial use. The exception is conditioned by a mandatory requirement for payment of fair compensation to rightsholders. Fair compensation must account for the application or non-application of technological protection measures.

The EU Court of Justice has pronounced ‘fair compensation’ an autonomous concept of EU law in Padawan (Case C‑467/08).

This exception has been implemented in the following Member States:

In Croatia in Article 183 of the Copyright and Related Rights Act
In The Netherlands in Artikel 16b, 16c, 16d, 16e, 16f, 16g and 16ga Auteurswet
In Romania in Article 36, para 1 of the Law No 8/1996 on copyright and related rights
In Germany in Section 53 of the Act on Copyright and Related Rights (UrhG)
In Poland in Article 23 of the Copyright and Related Rights Act
In Austria in Section 42, para 4 of the Federal Law on Copyright in Literary and Artistic Works and Related Rights
In Slovakia in Section 42 of the Copyright Act
In Spain in Article 31.2 of Law 23/2006
In Greece in Article 18, para 1 of Law 2121/1993, Intellectual Property, Related Rights and Cultural Issues
In Latvia in Section 34 of the Copyright Act
In Bulgaria in Article 25, para 1, p.2 of the Copyright and Neighbouring Rights Law (Член 25, ал.1, т.2 от Закона за авторското право и сродните му права)
In France in Article L122-5, 2° of the Intellectual Property Code
In Estonia in §18 and §26 of the Copyright Act
In Czech Republic in Section 30 of the Copyright Act
In Finland in §12 of the Copyright Act
In Sweden in Article 12 of the Act (1960:729) on copyright in literary and artistic works
In Belgium in Article XI.190, 9° of the Code of Economic Law (CEL)
In Portugal in Article 75(2)(a), second part, Código do Direito de Autor e dos Direitos Conexos
In Hungary in Section 35 of the Copyright Act
In Slovenia in Article 50(2)2. of the Copyright and Related Rights Act
In Luxembourg in Article 10, 4° de la Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données
In Ireland in Sections 50 and 101 of the Copyright and Related Rights Act
In Denmark in § 12 of the Copyright Act
In Italy in Article 71-sexies of the Law for the Protection of Copyright and Neighbouring Rights
In Lithuania in Article 20 of the Law No VIII- 1185 on Copyright and Related Rights
In Malta in Article 9(1)c of Chapter 415 of the Laws of Malta