Friday 06 April 2007
The tax on the CDS and DVDs blank improper?
La rémunération pour copie privée est-elle abusive?
 
The remuneration for private copying is abuse?

Exclusive ICL.fr - The corporations to collect the tax for private copying may be in violation of the European law.

The European Commission could be seizure of the file.

Olivier à - 05/04/2007 - Week

Why a French who buys a DVD virgin pays a "tax" of 1,10 euros while a German does not pay for the same DVD that less than 20 cents of euro? The answer is called "remuneration for private copying". This name barbaric do you said perhaps nothing, however, you probably already paid several times.

This "tax" strikes all media blank may contain of cultural works sold in France: CD and writable DVD drives, for example, but also iPod and other MP3 players, and even soon the key USB and hard drives external. For over twenty years, it is supposed compensate the "successors in title" (artists, producers, interpreters...) for the copy of their works on a support other than that acquired at the base. For example, a CD to a iPod or a DVD to a DVD virgin.

Consumers and distributors aggrieved

But the consumer is not the only victim of this system: this situation is causing disastrous economic effects for distributors. In 2005, it is so sold according to estimates almost 22 million of DVD blank in France, they against almost $175 million in Germany.

At the request of a cabinet of lawyers, behind which Devine these interests hostile to the remuneration, Professor George Decocq, vice-dean of the Faculty of Law of Paris 12, considered on the subject. The term a "Memorandum" of a 20 pages that has obtained in exclusivity ICL.en, the sentence this specialist of Community law is without appeal. It concludes to a "abuse of dominant position" contrary to the European law of competition.

"Index of abusive and exploitative"

Such a price difference is to Georges Decocq a "index of abuse of a dominant position" by the actors that affect this remuneration in France. It is the SORECOP for audio media and COPY France for the audiovisual media. These firms consolidate the societies of authors, performers and producers whose best known are the art, the CDIC, and the ADAMI. According to the report, they are in a monopoly situation, because only to the fees.

When we criticize them for the level of the "tax", the associations rebuts that "it is the state which sets the price via an independent commission, we do not do that the collect". An argument which may not be sufficient to the European Court of Justice.

A Commission opaque

That is all the interest of the report of Georges Decocq who is looking into the operation of the Commission "copied private" which the minutes remain secret. This commission is supposed to represent a "balance of interests ": the "successors in title", which collect the tax, et half the seats; importers, manufacturers and consumers, who are suffering, the other half. A representative of the State of the Chair.

The problem is that the actors do not have the same interest to defend themselves. The manufacturers are mobilizing not addition measure because little their important that a CD is sold in France or Germany. The consumer associations (UFC- That Choose, CLCV) - who find themselves so often in the minority - have already slammed the door to several times and practice regularly the policy of the empty chair. "The creditors, it is to say, those who perceive the rights therefore decide for everyone at great expense of the consumer", comment on Georges Decocq for ICL.fr.

Not to mention that the French distributors, who do not sit in the Commission, are the major forgotten that system. They bear the brunt this French exception, especially since the advent of e-commerce that allows consumers to buy in a few clicks their CDs and DVDs blank elsewhere in Europe.

Brussels will decide

"COPY France and the SORECOP benefit each a monopoly which is dominant position ... and the excessive price they perceive is set by an agreement" concludes Georges Decocq for his comments. If the European Commission considered the matter and follows his logic, the system of the remuneration for private copying in France will be to review.

Find here a summary of the report on the private copying.

 
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You have the floor
"Curious to take to Nicolas France when we know that it is the PS who initiated this tax." - Jim, Paris
"I must say that when I bought my DVD and CD virgin I always ..." - Tzphx, Lucé
"I am computer scientist and I need to safeguard my valuable data most often ..." - Euzenot-furiga, Cannes
"All taxes are unreasonable. Especially in France." - Michel, Asnieres on seine
"Hum, Thierry of Nîmes, if you have been choppé to 91 !!! instead of 90, it is the speed restraint, ..." - Denis, Dunkerque
"The term "unreasonable" tax is too low. In fact, it is a racket, that a MAFIA of private interests, ..." - Mr. T. , Saint Etienne
"Oh that you are bad, all, in your reactions-- That is right "the cultural exception ..." - The Dog, PARIS
"I am musician, professional, I register of the music regularly, we have beautiful sign ..." - Bibi, Paris
"Hello ICL and all these readers you react all that now, we are all ..." - Thierry, Region Nimes
Standing still who buys its CD/DVD blank in France? With the Internet, you can buy dvd blank in ..." - Thomas, the Harbor
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