Distribution of the private copying remuneration
The remuneration is distributed according to the provisions of Economic Law to the following categories of right holders:
- the authors of audio works;
- the authors of audiovisual works;
- the performing artists of audio works;
- the performing artists of audiovisual works;
- the producers of audio works;
- the producers of audiovisual works;
- the authors of literary works and works of graphic or plastic art;
- the publishers of literary works and of works of graphic or plastic art.
Process of distribution
The distribution of the private copying remuneration collected by Auvibel is made available to the Colleges based on distribution keys. These are proposed beforehand by the Board of Directors and approved by the General Assembly.
The distribution of private copying remuneration by Auvibel takes place at different levels:
1.The provision to the different colleges of Auvibel, which takes place after:
- The distribution among the categories of work (primary distribution): this is the distribution between sound works, audiovisual works, literary works and works of graphic or visual art;
- The distribution among the different colleges of Auvibel (secondary distribution): this is the distribution among the categories of rights holders within each category of works. This division is regulated by Article XI.234 §1 of the Code of Economic Law. The distribution takes place among the eight Boards within Auvibel: the Board of authors of Audio works, the Board of producers of Audio works, the Board of Performers of Audio Works, the Board of Authors of Audiovisual Works, The Board of producers of Audiovisual works, The Board of Performers of Audiovisual Works, The Board of Authors of Literary, Graphic and Visual Works, The Board of publishers of literary, graphic or plastic works.
2. Distribution within the Auvibel Boards on the basis of distribution regulations approved by the competent minister in accordance with the Royal Decree on private copying remuneration. Each college has its own distribution regulations.
In principle, payments to Auvibel members are made annually after the ordinary General Assembly that follows the reference year. The exact timing of these payments depends on the decisions of the colleges and the invoicing by members after the college decisions.
Distribution between the colleges
As indicated above, in the first instance, the total amount made available to the colleges by the General Assembly is distributed between the different categories of work.
This distribution is done on the basis of a distribution key determined by Belgian studies and/or, if these data are available, by comparison with neighbouring countries.
Once the final share for these categories of work has been determined, the legal key is applied to distribute these amounts between the colleges concerned, namely:
- For sound and audiovisual works, 1/3 for the authors, 1/3 for the producers and 1/3 for the performers and
- For literary, plastic and graphic works, 1/2 for the authors and 1/2 for the publishers.
Distribution within the Boards
Each College draws up its own distribution regulations to distribute the allocated fees.
Before the member-management companies within a Board can effectively claim the remunerations, these regulations must receive the approval of the minister responsible for copyright and related rights in the form of a publication of a ministerial decree.
Some Boards have drawn up distribution regulations of indefinite duration. These regulations were approved by the minister and are valid as long as no amendments are made to them. It follows that any amendment will have to be re-approved by ministerial decree.