Professional users are eligible for an exemption of the private copy renumeration, if certain conditions are met.
What makes a ‘professional user’?
A user who acquires media and devices from a contributor who is exempt and who uses these media and devices exclusively for professional use.
Official definition: Professional users determined within the Royal Decree on the right to remuneration for private copying, i.e.: any natural or legal person registered in the Crossroads Bank for Enterprises who uses the devices and/or media defined in Article 2 of the Royal Decree of 18 October 2013 exclusively for the exercise of his profession or commercial activity.
What is considered professional use?
Any use that a professional user makes of a device or any media, provided that this use is not a reproduction of works on any media other than paper or similar, that is done for private purposes and is intended solely for that purpose.
1.Professional users must provide the following information to the exempt supplier, at the latest at the time they acquire the devices and media.
- Their name, address and company number.
- A declaration of honour that the media and devices will only be used for professional use: only the devices and/or media intended for professional use can benefit from an exemption from the private copying remuneration.
2. Professional users must acquire the media and devices from a supplier who has entered into an exemption agreement with Auvibel.
There are two types of “exempt supplier”:
- Manufacturers, as well as exclusive and wholesaler designated importers and intra-Community purchasers, who have concluded an exemption agreement with Auvibel for the private copying remuneration, for putting into circulation media and devices exclusively subject to a professional use.
- Importers and intra-EU purchasers who are neither exclusive nor wholesalers or a distributor, whether wholesaler or retailer, on the basis of objective and non-discriminatory conditions, insofar as that other importer or intra-Community purchaser or that distributor makes the devices and media available exclusively to professional users.
The list of these suppliers who have entered into an exemption agreement can be found here.
Do you belong to one of these two categories and want professional users to benefit from an exemption? Then follow the steps below:
- Enter into an exemption agreement with Auvibel.
- Have professional users complete a declaration on honour at the latest when you acquire the devices and media from them, attesting the exclusively professional use of the carriers and devices concerned.
- Make a monthly declaration to Auvibel of the devices and media specified above who were brought into circulation on the national territory by professional users. This declaration must contain the following information:
– the name, address and company number of the professional users concerned;
– the number, characteristics and storage capacity of the devices and media who were placed on the national territory during the period covered by the declaration.
These three conditions are cumulative. If one of these conditions is not met, the exempt company cannot offer the professional user an exemption.
Monitoring and violation
Violation: If the professional user uses the devices and media free of payment, not exclusively for professional purposes, then he is obliged to retroactively return the private copy fee to the management company, increased in accordance with Article XI.293(4) of the Code.
Auditing request: Professional users, like contributors, the distributors of media or devices, regardless of wholesaler or retailer, must pass on to Auvibel (if requested) the data needed to monitor the exemption from the private copying renumeration.
With the exception of private copying (established by law), any reproduction of protected works is subject to the regime of exclusive rights. This means that you need the explicit and prior consent of all rights holders and regulate the payment of their rights according to the current rates of the various management companies involved.