Levies for Reprography in Austria: Renewal of a very complex system

Copyright Levies for reprographic devices like copiers, scanners and printers in Austria already being very high, have been increased further on. As every year, the tariffs are adjusted right now, valid as of 1 July 2014.  The highest tariff in Austria is at the moment nearly 1.300 € per device for a Laser Multifunctional Printer and/or Laser Copier. This tariff is about 15-times more the levy in Germany for the same device; many other direct product comparisons are even more distinctly, with up to 50-times more the levy for Scanners. So far, the yearly adjustment also continuously included an error: For some products the discounted tariff was even higher than the non-discounted tariff. After six years of follow-up by 1cc GmbH, this error has finally been eliminated. Unfortunately, that was solved by a simple rule: In such a case, the next tariff higher is to be applied now.

In addition, the Austrian levy system for reprographic devices is obsolete because of its complexity: There are for any kind of reprographic devices more than 80 separate tariffs, depending on the product specifications, the contract situation of the company, the tariff caps according to the product prices, the exact date of sales, etc. The appropriate tariffing for every single device depended on up to ten characteristics! This evokes already in the everyday reporting frequent discussions with the authorities, and  goes along with tax rates, deadlines and special applications, like exports, to be considered. It may be seen as the peak of complexity that the validity periods of the tariffs depends on the contractual situation of the company with collecting society Literar Mechana: the yearly indexation of tariffs take place for contracting parties from July to July, for all other companies according to the calendar year.

Thus, it requires a lot of knowledge and well organized processes to classify the products correctly and to report the sales figures in Austria, i.e. on the one hand the correct categorization of the products and equipment, and the correct application of tariffs on the other hand. These evaluations might be very elaborate, especially when detailed obligations, including tariffs, contracts, forms and further information are not instantly available. Upon request, 1cc GmbH will show you in detail the full complexity of the Austrian system.

Copyright Levies: Public Consultation on EU Copyright Rules

Again, after 2006 and 2008, the European Commission has launched a public consultation to revise EU copyright rules. The objective of this consultation is to gather input from all stakeholders on these rules. A review seems to be urgently needed, because both administration and industry have a common interest to benefit from a consolidated view about specific legal provisions and from some tightly focused amendments.

Besides the legitimate interest of companies for compliance, also several widely noticed reports show a certain need for action: among them are those of Pierre Lescure, a French media manager mandated by the Ministry of Culture to evaluate the possible future of levy systems, the recommendations of former EU commissioner António Vitorino or of Françoise Castex, member of the European parliament with the Socialist party, as well as contributions of French Minister Aurélie Filippetti..

1cc will thoroughly analyze the summary results of the public consultation, considering all stakeholder replies after publication. After a recent deadline extension for the sending of inputs until 5 March this will previously be in the course of March 2014.

New: Copyright Levies for PC in Germany

After years of negotiations and disputes, there are now Copyright Levies for PC in Germany. The rates are between 3,20 Euro and up to 13,20 Euro per unit, depending on the devices’ features, the use and the contractual situation of the vendor. Right now it may be most important to know, that these levies apply with retroactive effect as of 1 January 2011. In order to realize a 20% discount on the rates for the precedent years 2011-2013, each vendor is only allowed to sign the general agreement for the industry until 31 March 2014. For the future sales, so future reporting and billing periods, it is of course possible to contract at any time.

Furthermore, the binding agreement regarding copyright levies for PCs in Germany takes into account the ECJ Padawan/SGAE–judgement of 21 October 2010. This means that the professional use of PC is  considered by significantly reduced rates and by ensuring the refund for vendors in the supply chain and for professional end users. The verification of professional use in the supply chain, however, will previously be a key task in the future.

The new tariffs shall apply until at least 2016 with the following rates:

Thus, the long dispute between industry and the German collecting society ZPÜ (Zentralstelle für private Überspielungsrechte) has made one step forward. At the same time it has to be underlined that this applies only to the period as of 2011, according to the revised (new) German Copyright Law. Claims, verdicts and proposals prior to 2007 as well as in the so-called transition period from 2008 until 2010 are not directly affected by this new agreement. For the period before 2011, there are still negotiations whether or not PCs are taxable at all, there are different industry positions (with separate agreements), diverse tariff proposals, discounts and arbitral verdicts.

1cc is always ready to support you with all necessary information and services.