Thursday 15 December 2016

State can be prosecuted due to losses of private copying

, the European Commission did get AGECOP a complaint of the Portuguese State for the delay in the implementation of policies that provide the application of the private copying fee. Today, João Nunes David, leader of the entity that collects and redistributes the compensation of private copying, admits that the subject might be worth one more complaint-this time, with recourse to the courts and with the goal of forcing the Portuguese State to compensate authors, performers, producers and distributors for the delay in implementing the compensation of private copying.


Updating the law of private copy has not yet been approved and therefore it is too early to say that we give up our complaint at the European Commission. Likewise, we also could turn to the courts due to damage caused along all these years (in which the law of private copying ran without cover digital media), referring to the leader of AGECOP.

João Nunes David prefers not to refer to the value that the cultural industry did not receive due to the delay of legislation. To illustrate the situation, referred to only a few numbers that help you better understand the different consumer trends: sales of CD and DVD disks, cassettes and other devices that are "taxed" currently registered a drop of 90% between 2006 and today; by contrast, sales of equipment and electronic media, which have not yet been covered by rate, showed a growth of 8186% between 2006 and 2012 (data from GFK). We have more data about the next few years, because in the meantime we have money to pay the market studies that allow us to reach these figures, João Nunes David adds.

The charge of financial viability AGECOP admits that the entity created by law to collect and redistribute private copy fees are threatened: If we go on like this (no update fees), next year we close.

Once again, are the numbers that illustrate the situation in 2007, AGECOP: in the most profitable year ever, the Association won 5.9 million; in 2013, the billing was not beyond the 795 thousand euros; and in 2014, the Association itself admits that it may not exceed 500 thousand euros. João Nunes David, leader of AGECOP, joins a last Bill: same as private copying fees are applied as included in the draft that was released today, it is not expected that we reach 5.9 million euros invoiced in 2007.

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