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General
When a public lending institution, such as a conventional or multimedia library, lends out e.g. a book, score, CD or DVD, the right holders of the work that is lent out are entitled to a fee. This involves tens of thousands of right holders of an even greater number of works lent out each year.
In the future too, when libraries offer more and more digital works and expand their sphere of operations via the Internet and networks, the law will provide adequate guarantees for right holders to continue to assert their rights.
The principle of the lending right was legally enshrined in
the Law
of 30 June 1994 on copyright and neighbouring rights. Only
in 2004 was the implementing decree published, setting down
the actual terms and conditions (Royal
Decree of 25 April 2004) and in 2005 the collective society
Reprobel was charged with collecting and distributing the lending
right (Royal
Decree of 7 April 2005).
Reprobel can collect these fees either directly from the public lending institutions or indirectly (centrally) via the Communities. It is quickly clear which is the best option. In any event Reprobel has to apply the tariffs set forth in the Royal Decree of 25 April 2004, namely 1 euro per annum and per adult person registered in the lending institutions in so far as that person at least borrows once in the course of the year, and 0.5 euro per annum and per minor registered in the lending institutions in so far as that person at least borrows once in the course of the year.
These lending right fees are then paid to the right holders via a step-by-step system. The distribution schedules require the prior approval of the FPS Economy. This is a guarantee that the sums collected will be distributed properly.
How is the money distributed in practice? First there is distribution between right holders who are represented by the affiliated companies within Reprobel (broadly speaking: right holders of ‘printed material’) and right holders who are represented by the affiliated companies within Auvibel (broadly speaking: right holders of ‘audiovisual material’). Auvibel and Reprobel signed an agreement regarding this matter on 22 June 2005.
The next step is distribution between the collective societies that are members of Reprobel and Auvibel, via the so-called colleges. These colleges consist of representatives of the various collective societies, who work on the basis of mandates from right holders.
Thus the sums collected reach the main group of right holders: authors and translators, illustrators, photographers, publishers, composers, musicians, actors, producers and others.
For the list of collective societies affiliated to Reprobel, click here.
For the list of collective societies affiliated to Auvibel, click here. |
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