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:
| |
Contractual tariff
|
Non-contractual tariff
|
| Desktop-PC and Notebooks |
10.55 €
|
13.19 €
|
| Small PC (Netbooks) |
8.50 €
|
10.63 €
|
| Business-PC |
3.20 €
|
4.00 €
|
| Workstations |
3.20 €
|
4.00 €
|
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.
This year 1cc was present with its own booth at CES in Las Vegas, accompanied by its partner TechProtect GmbH. The booth was part of the German industry representation, the German Pavilion at Las Vegas Hotel. It was intensely frequented by U.S., Asian and international trade show visitors and by the exhibitors of the Show, looking for advice in environmental and copyright legislation when exporting their products to the European markets. As CES is the world’s leading convention for consumer electronics and home appliances, most exhibitors and visitors have to deal with the numerous challenges set by particular issues of private copying levies, take-back of waste electric and electronic equipment and/or substance bans. Accordingly, the main topics of conversation were the current WEEE- and RoHS recasts and the highly controversial matter of copyright levies on TVs, Tablets, Mobile Phones and Hard Disks in Europe; this topic is by no means unknown in the United States, only the levies are not as high as in European countries and the overall scope is comparatively narrow.
1cc is looking back on four successful days at CES and is looking forward to new interesting projects with American companies. For further information on our consulting and compliance services contact
compliance@1cc-consulting.com.
On 02, Mai 2013 | In News | By admin
We are pleased to inform you that K&L GmbH is going to move to a new, more spacious office location in Holzgerlingen, very close to the present site in Tuebingen. Please update your database with our new contact details. Our new address:
K&L GmbH
GEO PARK I
Max-Eyth-Straße 35
71088 Holzgerlingen
Germany
The general phone numbers as well as our current extensions will change.
New central number:
Phone
+49 7031 4 39 38 – 0
Fax
+49 7031 4 39 38 – 222
For the time being, our e-mail addresses will remain unchanged.
We do our best to make this transition as smooth as possible. Should you have any question or concerns, don’t hesitate to contact us.
Kind regards,
Your K&L Team
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:
