Editing Private copying levy (section)

===United States===

====Audio home recording in general====
{{usc|17|1008}}, as legislated by the [[Audio Home Recording Act]] of 1992, says that non-commercial copying by consumers of digital and analog musical recordings is not copyright infringement. Non-commercial includes such things as resale not in the course of business, perhaps of normal use working copies which are no longer wanted. It is unlikely to include resale of copies in bulk; [[Napster]] tried to use the Section 1008 defense but was rejected because it was a business.

From House Report No. 102-873(I), September 17, 1992: "In the case of home taping, the [Section 1008] exemption protects all noncommercial copying by consumers of digital and analog musical recordings" .

From House Report No. 102-780(I), August 4, 1992: "In short, the reported legislation [Section 1008] would clearly establish that consumers cannot be sued for making analog or digital audio copies for private noncommercial use".

The United States music industry{{Citation needed|date=April 2008}} administers the [[Audio Home Recording Act]] and foreign hometaping royalties for artists on US sound recordings as well as US record labels. These royalties were previously administered by the Alliance of Artists and Recording Companies (AARC) for Featured Artists and Copyright Owners until it ceased operations in 2021 and is now administered by [[SoundExchange]],<ref>{{Cite news|url= https://www.soundexchange.com/news/soundexchange-announces-expansion-into-private-copy-royalty-collection-and-distribution/|title=SoundExchange Announces Expansion into Private Copy Royalty Collection and Distribution}}</ref> [[ASCAP]]/[[Broadcast Music Incorporated|BMI]]/[[SESAC]] for writers, [[Harry Fox Agency]] for publishers, and The AFM/SAG-AFTRA Intellectual Property Rights Distribution Fund (Joint venture of [[American Federation of Musicians|AFM]] and [[SAG-AFTRA]] ) for non-featured artists. All societies also collect foreign remuneration for their respective funds.

====Blank music CDs and recorders====
{{usc|17|1008}} bars copyright infringement action and {{usc|17|1003}} provides for a royalty of 2% of the initial transfer price for devices and 3% for media.<ref>{{Cite web|url=http://www.copyright.gov/forms/formdart-q.pdf|title=Quartery Statement of Account}}</ref> The royalty rate in {{usc|17|1004}} was established by the [[Fairness in Music Licensing Act]] of 1998. This only applies to CDs which are labeled and sold for music use; they do not apply to blank computer CDs, even though they can be (and often are) used to record or "burn" music from the computer to CD. The royalty also applies to stand-alone consumer-grade CD recorders, but not to professional CD recorders or CD burners used with computers. Most recently, portable satellite radio recording devices contribute to this royalty fund.

Thanks to a precedent established in a 1998 lawsuit involving the [[Rio PMP300]] player, most [[MP3 player]]s are deemed "computer peripherals" and are not subject to a royalty of this type in the U.S.

Currently, private copy royalties are generated in the US by the sale of "blank CDs and personal audio devices, media centers, satellite radio devices, and car audio systems that have recording capabilities."<ref>{{Cite web |url=http://wp.aarcroyalties.com/what-is-aarc/ |title=What is AARC? |access-date=2014-04-17 |archive-url=https://web.archive.org/web/20140416182340/http://wp.aarcroyalties.com/what-is-aarc/ |archive-date=2014-04-16 |url-status=dead }}</ref>