EU: Dutch artists compensate for the abolition kopieheffing

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The European Commission responds to questions of a Labour-europarlementari lwa r that the Netherlands only the thuiskopieheffing should abolish, as state secretary Teeven wants to, if there is a guarantee that artists will be compensated.

European commissioner of Internal Market Michel Barnier confirms “that the proposed Dutch abolition of the compensation for private copying may be contrary to Directive 2001/29/EC if not in an alternative system is provided to ensure that the rights holders a fair compensation received.” Barnier responds to this request of Emine Bozkurt, mep of the PvdA. They wanted to know whether the plans of state secretary Teeven of Security and Justice, in accordance with the European rules. The European division of the party is against the by Teeven proposed abolition of the thuiskopieheffing.

Barnier noted that there is still no change and that the debate about the downloadverbod and the abolition of the levy is still in full swing: “the Commission is therefore not in a position to make a thorough analysis of this law, for the performance of an opinion regarding the compatibility with EU law and, in particular, with council Directive 2001/29/EC.”

However, he warns Teeven that “the Commission will not hesitate to raise this issue with the Dutch authorities, to cards, if there is, according to her, any doubt about the compatibility of the new rules with EU law.” Teeven is already on the European rules pointed out. He suggested, among others, that beneficiaries thuiskopievergoedingen in product prices need to process, but at the same time, he wants the legal offer stimulate.

In the meantime complain to the artists on behalf of their rights organization Norma, that they have since 2012 no reimbursement. This would come because of the freezing of the thuiskopiestelsel since 2008. In the Netherlands there is only a tax on traditional blank media carriers such as recordable discs, and the government does not want this to be expanded with new image and sound carriers such as mp3 players and hard-disk recorders.

Norma, the State has sued with the claim that the freezing unlawfully taken. In the first instance, the court ruled in favor of the government. Next Monday is the appeal place.