Judge: thuiskopieheffing is much too high

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Stichting De Thuiskopie uses wrongly a lot of high thuiskopieheffing for manufacturers and shops, vonnist the court of The Hague. Acer need after the decision yet, but the half of the heffingsbedrag to wear.

Acer need to Stichting Thuiskopie 50 percent pay in the Notices of secretary of state Teeven certain Thuiskopieheffing for import or manufacture of its products. That puts the court in the Hague. That measure seems to conflict with the requirement that the amount of the charge must be based on harm suffered by rights holders. In the measure of compensation also seems to be the damages of third parties which are not entitled to be taken into account.

From a judgment of the Thuiskopie/Norma and Irda of the High Council reveals that only claimants domiciled within states of the Treaty of Rome, are eligible for reimbursement through the thuiskopieheffing. The USA is not, but for example, Hollywood movies are taken into account in determining the amount of the damage. The thuiskopieheffing should be much lower because “it is likely that a not inconsiderable proportion of the estimated total thuiskopiegebruik’ wrongly included.

The judgment has, in principle, also affect the payments of other manufacturers and shops, writes Computerworld, though it is not clear whether they also qualify for a halving of the levy.