The obligations are primarily, if applicable, reporting as well as payment of the levy to the respective collecting society. Mind the differences in the various copyright laws.

Obligations vary depending on if you are considered a Manufacturer, Importer, intra-EU purchaser (Belgium) or Downstream Supplier/Distributor.

Reporting and Payment Obligations - Importers/Intra-EU purchaser

• Importers
  The party who first places storage media devices on the market of an(other) European Member state from abroad. In most cases, refurbed suppliers are considered importers.

  Example: You are based in Germany and sell a storage media device to an end-consumer in Austria. You import a device subject to copyright levy to Austria and therefor liable for reporting the device and paying the copyright levy in Austria.

  If you are based in Germany and sell a storage media device in Germany, then the copyright levy was either due already by the manufacturer or the importer. In this case you are considered a downstream supplier/distributor. Mind however, down-stream suppliers can be held jointly and severally liable under copyright laws and a transfer of the payment obligation to a downstream trading level is legally possible.

   

• Intra-EU purchaser (Belgium)

  I you provide storage media devices on Belgian territory and come from a country that is a member of the European Union. Two Categories:

  • intra-EU purchasers listed as wholesalers. Their main business activity is to provide to other distributors.

  • intra-EU purchasers listed as retailers. Their main business activity is to provide to end-users.

    Basically the Importer, however in Belgium the Importer is not a member of the European Union. See also “Who is liable to pay remuneration” of the Belgian collecting society.

Reporting

Strictly speaking, importers are obliged to notify the respective collecting societies in writing of the type and number of units of the imported devices on a periodic basis.

However, there is neither an uniform practice among collecting societies on the process or to actually demand levies for imported used equipment, nor the periodical time line. In Germany for example, the reports shall be done after a month, in e.g. Austria or Italy however quarterly. In Denmark for example, you explicitly have to register on the Copydan Kulturplus website first.

• Austria, austro mechana, SMV-Online-Portal.

• Germany, ZPÜ, via downloading their reporting form for smartphone, smartwatches, PCs or tablets per post.

• Netherlands, Thusikopie contract or no-contract based (see also Factsheet)

• France, Copie France file a declaration of monthly sales with or without an account or per downloading their form and send to the e-mail decla@copiefrance.fr

• Italy, by using the form provided on their website and per mail to copiaprivata@siae.it

• Belgium, per online declaration at Auvibel.

• Sweden, find a detailed guideline by Copyswede here and a manual.

• Denmark, Copydan, find a detailed registration guide here and reporting terms here.

Payment

If the manufacturer is based in another country, you will have to pay the levy in the import-country.

Based on the report, a certain amount per device is due (see also “How much is the levy”) while the periodical billing depends on the country.

Reporting and Payment Obligations - Manufacturer

• Manufacturer
  • Basically the entity, that produces a new device.
  • Most countries do not consider refurbishment as an act of manufacturing.

  • Mind however, the Netherlands, Belgium and France do (!) consider refurbishment as manufacturing. Thus, in those countries you will be considered a manufacturer.

    Example Dutch Manufacturing Definition: “to manufacture, reassemble or arrange for the manufacture of an item within the meaning of Section 16(c) of the Dutch Copyright Act (Auteurswet) in such manner that this can be considered to be a complete product that is new to the market. A used device is the basis for "refurbished". This device is renovated, adapted, renewed, checked and / or rebuilt in such a way that it can be sold to a new consumer.”

By law, you are considered a manufacturer in Belgium, France and the Netherlands.

The principles and guidelines of your reporting and payment obligations can be found at the respective collecting society. Based on the report, a certain amount per device is due (see also “How much is the levy”) while the periodical billing depends on the country.

• Netherlands, de Thuiskopie

• Belgium, Auvibel

• France, Copie France

Reporting and Payment Obligations - Downstream-supplier

Distributor/(downstream-)supplier

An entity that purchases devices and resells them commercially, while neither considered a manufacturer (refurbishment is considered manufacturing in the Netherlands, Belgium and France!) nor an importer (i.e. first placing storage media devices on the market of an(other) European Member state from abroad).

💡 Mind that in most cases you may be considered an importer, i.e. if you first place a storage media devices on the market of an(other) European Member state from abroad.

The reporting and paying obligations are primarily due by the manufacturer or importer.

Mind however, it is possible, that you may be hold liable under copyright laws and a transfer of the reporting and payment obligation to a downstream trading level is legally possible!

In this case, the reporting and payment obligations described in “Reporting and Payment Obligations - Importers/Intra-EU purchaser” from above apply.

What are the penalties if I don't pay a copyright fee?

Most countries have penalty or fine regulations, however they will probably be imposed only if you fail to report or pay the copyright levy after a successful claim by a collecting society.