According to the imperative provisions of European law, all issues in connection with copyright and neighbouring rights are governed by the law of the Member State in which goods are offered for sale and/or sold through online services. As a result, when offering for sale and/or selling blank media or devices through your website to the Belgian public, your company should comply with the Belgian law on copyright and neighbouring rights.
Pursuant to Article XI.229 of the Code of Economic Law, remuneration is due to Auvibel each time blank media or devices are put on the Belgian market. This obligation also applies to companies established outside the Belgian territory that offer for sale and/or sells blank media and devices to persons established in Belgium. Inv fact, in such cases, the company established abroad is responsible for the intra-Community acquisition and qualifies as an intra-Community purchaser within the meaning of Article XI.229 of the Code of Economic Law. This was confirmed in sentences handed down by the presiding judge at the Court of First Instance in Brussels on 30 June 2005 (NL), 24 May 2006 (EN) and 27 July 2006 (EN).
We advise you to mention very clearly on your website that the Auvibel private copying levy is applicable and will be charged directly to the Belgian buyer. State the levy separately on your Invoice. After the sale, you, as the seller, must declare and pay the remuneration to Auvibel.
If you offer goods subject to the levy on auction sites, the rules that currently apply are also applicable to you! So be extremely careful and apply the Auvibel levy in full!
Owners of auction sites (both Belgian and non-Belgian) can contact Auvibel. We are willing to look for appropriate solutions with them for the correct application of the private copying remuneration. We can give them advice on warning messages, terms and conditions of sale, etc.
There is nothing in the current legislation or jurisprudence to suggest that they could evade their responsibility.