What is Auvibel?
The law of 30 June 1994 concerning authors' rights and neighbouring rights stipulates that the author of a literary or artistic work is the only one who has the right to copy it or permit a copy of it to be made, in any manner or form whatsoever.
Nevertheless, the same law stipulates that the author may not oppose the reproduction of sound and audiovisual works that takes place within the home and which is destined for that purpose alone. This equally applies with regard to the performing artist and the producer of phonograms or of first recordings of films.
From this exception to their exclusive right it arises that authors, performing artists and producers of phonograms and audiovisual works are entitled to recompense for copies of their works and performances made for personal use.
On the basis of the Royal Decree of 2 October 1995, Auvibel is a non-trading company in the form of a "CVBA" responsible for the collection and distribution of the payments for copying sound and audiovisual works for personal use. Auvibel's task is considered as being of general interest and is carried out under the supervision of the Federal Government Department of the Economy.
The payments are made to Auvibel by manufacturers, importers or intra-EU purchasers of media that can be used for copying sound and audiovisual works or of devices that make such copying possible when those media and devices are put on the market in Belgium. The levy applies to devices that facilitate personal copying (e.g., DVD recorders) and blank recording media on to which sound and audiovisual works can be copied (e.g., blank CD-Rs and blank DVD-Rs).
An advisory committee has been instituted at the FGD Economy. The committee is chaired by a representative of the Minister and is further comprised of persons designated by the management company Auvibel, by organisations that represent remuneration-payers, by organisations that represent distributors of media or equipment, both wholesalers and retailers, and by organisations that represent consumers.
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