The Minister of Justice has 'frozen' the home copying system* since 2008. This means that, for the time being, there will be no levy on new media such as DVD/hard disk recorders and MP3 players. However, the law states that a fee must be charged to rights holders on every audio and video carrier to compensate for lost revenue caused by the widespread home copying of music and films. Neighboring rights organization NORMA and others have been waging a legal battle against this for years.

The interests of the creators are being disregarded, and that is unjust. Research has shown that as a result, all rights holders lost €25 million in revenue in 2008 alone!

That is why we believe the time is ripe to make your voice heard. NORMA has drafted a petition on behalf of all rights holders. We urge you to sign it. In this way, we can make a stand against the House of Representatives. The more (digital) signatures, the greater the persuasive power!

Sign the petition immediately at www.thuiskopieheffing.petities.nl; the deadline is April 12. You must confirm your signature by email. Do not forget to mention your position.

Thank you in advance for your vote!

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Introduction of home copying levy for MP3 players and DVD recorders

We,
the Dutch musicians, actors, music authors, screenwriters, directors and other rights holders,

observe
that, due to the decisions of the Minister of Justice since 2008, no levy has been introduced for MP3 players and DVD hard disk recorders. Our interests as rights holders are unreasonably harmed by this. The decision is contrary to the Copyright Act, which stipulates that a private copying levy is due on “any object intended to play, display or reproduce a work”. This applies extensively to MP3 players and DVD hard disk recorders, on which, according to research, 86% and 79% respectively of music and film works are copied.

Because no levy was introduced on MP3 players and DVD hard disk recorders, we missed out on €25 million in revenue in 2008.

The Minister wrongly cites the following reasons for freezing the home copying system:

• The still-current distribution issues at Stichting de Thuiskopie. However, the Supervisory Board concluded in its investigation that the distribution issues at Stichting de Thuiskopie are under control. This is also endorsed by the judge in the appeal of the summary proceedings brought by NORMA against the State on 11 November 2008. The judge ruled that the disadvantages of the decision for rights holders in 2009 could be “disproportionately detrimental”.

• That the Minister wishes to await an initiative for European harmonisation regarding legislation on private copying levies. Apart from the question of whether this will ever materialise, such a procedure will take more than five years. Should a levy on MP3 players and DVD hard disk recorders be withheld until then, considering that both levies are in force in 14 European countries?

and requests
to implement the applicable Copyright Act and to lift the unjust freeze on the private copying system with immediate effect.



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