Netherlands

[NL] Introduction of Levy on Blank DVDs

IRIS 2003-7:1/33

Saskia Hoes

Institute for Information Law (IViR), University of Amsterdam

The Stichting Onderhandelingen Thuiskopievergoeding (Foundation for Negotiations on a Levy on the Private Copy - SONT) has recently adopted a regulation providing for the introduction of a levy on blank DVDs, except for DVD-Rams. This instrument extends the existing regulation on levies on blank media, which already covered other blank media such as audio and video tapes and CD-Rs. Pursuant to the new regulation, the existing levies, as well as the new levy on DVDs, will be applied until 31 December 2004. The regulation determines the amount that has to be paid as a levy on blank DVDs. The amounts of the existing levies on other blank media do not change with the extension.

According to the Auteurswet (Dutch Copyright Act - Aw) and the Wet op de Naburige Rechten (Dutch Neighbouring Rights Act - WNR) all manufacturers and importers of blank media are obliged to pay a fixed levy. This levy, which is determined by SONT, is collected by the Stichting de Thuiskopie (Foundation for the Private Copy). The levies are then paid to authors (for instance composers, lyricists, photographers and writers) and neighbouring rights holders (such as performers, broadcasters and audio-visual producers). The rights holders are thus remunerated for the private copying of the audio and audio-visual works they have created.

The new regulation will enter into force on 1 July 2003.