Paying 86 million a year for something you don't do?
But apparently Copyswede does. The organization that charges compensation for the theoretical possibility that someone makes copies of legally purchased films and music.
As the law stands today, they have the mandate to decide unilaterally, without justification, to charge for new products. The only way to challenge their claims is through civil litigation. Something very few companies can afford.
At a time when all trends point towards media consumption via streaming services, where there is no need for copies, Copyswede chooses to start demanding compensation for:
- Mobile phones
- Computers
- Tablets
- Game consoles
On the sole grounds that they have built-in memory and that it is theoretically possible to store copies. Is there an impartial basis for these new requirements? No, there is not. For example, can a mobile phone reasonably be considered "specially adapted" (which is the legal requirement for charging) for copying movies and music? No, it isn't. In its annual reports, Copyswede talks nicely about compensation being balanced and self-evident. But how balanced is it to demand fees for something that is already a marginal phenomenon today, with the implicit threat of a lawsuit? And tomorrow...?
Copyswede operates with a huge information advantage over the companies it charges. They are experts in copyright law, have a monopoly on charging this fee and can choose exactly which company they want to take to court. This makes many companies reluctant to fight back. Fearing major financial consequences of a legal challenge, they instead agree to the demands, and Copyswede can then point out that there is an acceptance of the fees.
This behavior is not only unbalanced. It creates uncertainty in the market. It hits smaller companies harder than larger ones. Especially as competition in the consumer electronics and IT hardware markets is fierce. What margins does Copyswede expect these companies to take the compensation from? Or will they pass the cost on to consumers and price themselves out of the market? Copyswede has no answers to these questions. They look at the 86 million they collected last year for private copying from Swedish consumer electronics and IT companies. And now they are scrambling for more. Did I mention that there are also rumors about fees on cloud services?
Some who have had enough are the Stop Copyswede petition, initiated by two guys from Örebro, which in less than a week has received 24,000 (!) signatures from people who think that enough is enough. Many of us are starting to do it.