Distribution of the private copying remuneration
In accordance with the provisions of the Copyright Law, the levy is distributed to each of the following categories of rightful claimants:
- 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 works of graphic or plastic art
The amounts provided by the General Assembly of Auvibel to the boards are divided as follows:
First, the total amount to be paid to the boards by the General Assembly is divided between the categories audio, video and multimedia.
The distribution between audio and audiovisual works is based on a distribution key according to the actual collection on audio and audiovisual products. For multimedia products, this is done on the basis of a distribution key determined by Belgian studies and/or by comparison with neighbouring countries if these data are available.
For the audio and video categories, once the final share has been determined for the audio and audiovisual works, the legal allocation formula is applied to distribute these amounts among the respective boards, i.e. 1/3 for the authors, 1/3 for the producers and 1/3 for the performing artists.
For the multimedia category, it is first determined on the basis of a distribution key which parts are allocated respectively to the audio works, the audiovisual works, the literary works and the works of graphic or plastic art. The legal allocation keys are then applied to distribute these amounts between the respective boards, i.e. for audio and audiovisual works, 1/3 for the authors, 1/3 for the performing artists and 1/3 for the producers and for literary works and works of graphic or plastic art, 1/2 for the authors and 1/2 for the publishers.
Subsequently each board sets up its own rules of distribution, which are submitted to the competent Minister for approval. The distribution between the members of the boards will be calculated in accordance with these regulations approved by the competent Minister.