Fee for private copying: audiovisual manufacturers will go to court

The Union of Industrialists of audiovisual materials and electronic (Simavelec) announced Friday, Jan. 21, he will file an appeal with the State Council to request the annulment of the new fee for private copying. "We will enter the State Council once the text will be published in the Official Journal, "he told Agence France Press () Bernard Heger, managing director of Simavelec.

The purpose of this action before the Supreme Administrative Court is seeking the annulment of the new scale of this tax, which will come into force on 1 February. The Simavelec demand for replacement of a device BRAKING SYSTEM "fairer and more responsive" which is based on the "injury".

The appeal is not suspensive. This tax was introduced in 1985 to support artistic creation in compensation for losses related to copyright works on the copy CDs and DVDs, stereos, and other media. In 2009, the remuneration for private copying amounted to 182 million euros against 173 million euros a year earlier.

It also applies to GPS, set-top boxes, top boxes equipped with hard disk storage, and soon the digital tablets iPad type, but not to computers. RISK OF DISTORTION OF COMPETITION BY Simavelec "We are to finance the creation, but it started to be problems of distortion of competition", denounced Mr.

Heger, referring to the privileged position of the U.S. computer giant Microsoft, which has so far obtained exemption from Windows-based products on the grounds that they could be related to computers. However, several products such as telephones or tablets, are operating today with Windows and are not taxed, unlike competing products from Microsoft.

The French manufacturer Archos will also also file an appeal before the Conseil d'Etat against the taxation of tablets, adopted January 12 by the Commission on Compensation for private copying. Learn more: Why the private copying annoys shelves manufacturers

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