Skip to main content

REPROBEL

Submitted by admin on Thu, 07/08/2010 - 12:31
REPROBEL
Troonstraat / rue du Trône 98b1
Brussels
1050
Belgium
Phone
+32 2 551 03 24
Website
http://www.reprobel.be
Chief Executive Name
Steven De Keyser
Chief Executive Title
Managing Director
Chief Executive Email
Publish chief executive details ?
on
Title
Head Legal & International
History of the organisation
a) History summary :
Reprobel was founded in June 1994.
In October 1997, Reprobel was appointed as the RRO for administering reprography levies / fees in Belgium. Collection started in January 1998. The first distribution of remunerations to Belgian rightsholders was effectuated in 2001.
Since 2005, Reprobel is the RRO for public lending rights in Belgium. In 2017, Reprobel has been appointed as RRO in the field of the new reprography and legal publishers remunerations, as well as the new, separate remuneration scheme for education & research. These appointments have recently been renewed (ref years 2019 and onwards for reprography / publishers remuneration; ref years 2019-2020 for education & research).

b) Legal system :
With respect to reprography: legal licence for (mainly) the private and the public sector (dual system scrapped - no longer an additional equipment levy on reproduction devices). Two tariff schemes apply for authors (reprography remuneration proper / fair compensation on the basis of the copyright directive) and publishers (sui generis remuneration on the basis of national law) with equal per page tariffs for both types of remuneration. Tariffs have been set in two Royal Decrees (RD) of March 2017, which have recently been prolonged for reference years 2018 and onwards. No annual indexation. Additional mandate-based licensing scheme for print-outs with an internal-professional aim in these sectors applies as from ref year 2018.
With respect to education/research: new legal licence since 2017 covering paper reproductions (photocopies and print-outs) and some digital usages (digital reproductions & secured network transmission). Tariffs set by educational level and type (forfeited amount per pupil/student/researcher per year) in RD of July 2017, which have recently been prolonged for ref years until 2023 included. Annual indexation applies.
With respect to PLR: legal licence. Tariffs set in RD of December 2012 on the basis of both number of loans and and number of (copyright protected) collection items.
Year of incorporation
1994
Year of first distribution
2001
Year of first collection
1998
Total number of Board Members
15
Total number of Author Representatives
8
Total number of Publisher Representatives
7
Remarks about the Board
President: Anne-Lize Vancraenem (journalists)
Vice-President: Sandrien Mampaey (Flemish newspaper publishers)
Chair of Authors College: Marie Gybels (visual artists)
Chair of Publishers College: Bernard Gérard (French language book publishers)
How are Board Members elected
Representation of all CMOs (15) in board by virtue of Reprobel's statutes.
Total Number of Member Associations
15
Total Publishers' Associations
7
Total Creators' (authors and visual artists) Associations
8
Remarks about the members
Reprobel members are Belgian CMOs representing rightholders of reprographic, publishers, educational/scientific & PLR remuneration rights (under a legal licence scheme) for text and visual works.
Authors' CMOs : ASSUCOPIE, deAuteurs, JAM/SAJ, SABAM, SACD, SCAM, SOFAM and VEWA.
Publishers’ CMOs : COPIEBEL, COPIEPRESSE, LICENSE2PUBLISH, REPRO PP, REPROPRESS, SEMU, LIBRIUS and SABAM.
(*) SABAM is represented in both the Authors and the Publishers College but is counted as only one Reprobel member.
Staff total number
14
Remarks about staff
Staff members counted in FTE (14 March 2019)
DATES OF FINANCIAL YEAR
January 1 - December 31
Type of National legislation
Civil Law
Licensing system
Legal Licence
Other licensing system
Mandate-based licensing for print-outs with an internal-professional aim in mainly private and public sectors.
Mandating Rights Holders
Indirect representation via authors' and publishers' CMOs (text & visual). Non-represented rightholders can claim directly from Reprobel however. Scope of mandate (all rightholders) is defined by law under legal licence. Additional mandates (15) from member CMOs for print-outs in mainly private and public sectors.
Types of works licensed
Text works (Authors College): Journalistic, literary, scientific/educational texts, photographs, other texts, musical works (excluding sheet music).
Text works (Publishers College): Books, Newspapers, Magazines, musical works (excluding sheet music), Other.
Visual works (Authors' College): Photos, other visual & graphic works.
Types of uses licensed
As determined by law for legal licences.
Reprography/publishers remuneration: photocopies. An additional mandate-based licensing scheme for print-outs in mainly private and public sectors was launched in 2018.
Education/research: photocopies, print-outs, scans, digital copies and secured network communication.
PLR: public lending.
Types of institutions/sectors licensed
Reprography & separate publishers remuneration: mainly public & private sector.
Education & research: educational & research institutions under separate legal licence.
PLR: public libraries.
Home environment (natural persons for private use): no since 2017 (all private copying via Auvibel - www.auvibel.be, including for paper reproductions)
Pilot Projects
Mandate-based licensing scheme for print-outs in mainly private and public sectors (2018).
Types of works licensed
Education & research: all TI works except sheet music.
Other sectors: none.
Types of uses licensed
Education & research: digital copies (paper-to-digital, digital-to-digital) and secured network transmission only.
Other sectors: none.
Types of institutions/sectors licensed
Education & research under specific new legal licence since 2017.
Other sectors: none.
Public Lending Rights
on
Outline of Distribution plan and methodology used
'Waterfall' distribution method. Reprobel distributes to member CMOs, which in turn pay out to individual authors or publishers.
Distribution methods
Non title-specific distribution
Statistical surveys
% Author/Publisher Split
50/50
Text authors’ % share
38.7%
Publishers' % share
50%
Visual material authors’ % share
11.3%
Administration costs as a percentage
13.24%
Are deductions for cultural and/or social purposes made ?
no
Remarks about administrative and other costs
Ratio for collection year 2018 only (unofficial ratio)
New developments / legislation
Following the HP ruling of the CJEU, Belgian copyright law underwent substantial changes at the end of 2016. The equipment levy in the field of reprography no longer exists and it is yet uncertain whether there will be an equipment levy in the field of private copying for smaller printers and MFD in the future.
The new reprography scheme was originally valid for one year (2017) but was recently prolonged for ref years 2018 and onwards, and consists of a pure legal licence for the private and the public sector. Authors (reprography / fair compensation) and publishers (national law, sui generis) receive separate remunerations, though the per page tariff is identical in both schemes and amounts to 0.0554 EUR for the two remunerations combined.
Further, a new education & research legal licence is in place, covering both paper reproductions and some digital usages (scans, digital reproductions, secured network transmission).
Tariffs for reprography and publishers remuneration set in two Royal Decrees (RD) of March 2017. Tariffs prolonged in two RD of January 2018.
Tariffs for educational/research usages set in Royal Decree of July 2017. Tariffs recently prolonged for all ref years until 2023, with annual indexation.
New developments / court cases
Ruling on the merits in HP (court of appeal Brussels, French language ledger) of 12 May 2017, largely in favour of Reprobel. Court of appeal only found one ground of non-compliance with EU law (dual system without reimbursement scheme) but at the same time ruled that old Belgian legislation & regulation re: reprography have to be applied in full since 2001 copyright directive has no direct effect in Belgian law whatsoever. Similar recent rulings in 2018 in Lexmark (court of appeals Brussels, Dutch language ledger) and Ricoh (court of first instance Brussels, French language ledger). In Ricoh, its reimbursement claim for the past was dismissed on the grounds of Reprobel having no legal standing as an intermediary and Ricoh having no legal interest (having passed down the levy). Ricoh ruling has been appealed - still pending. Cassation procedures still pending in HP and in Lexmark. Rulings to be expected by end of 2019, beginning 2020.
A series of other court cases with importers & online sellers are also still pending at national level, either at appeal or at first instance level.
Some of the cases contain reimbursement claims for the past and/or VAT issues post SAWP. Nearly all of those cases are still pending before the court of first instance however, and the Belgian State has intervened voluntary as a party in the lawsuit.
New developments / surveys and statistics
Profacts (2013 & update in 2016): paper reproductions (photocopies and print-outs)
Phimedia (2016): digital usages in the field of education.
KPMG (2016): harm assessment in the field of reprography
Profacts / Riverrun (2019): distribution rules of Authors' College (ongoing)

Private copying (Auvibel): Riverrun 2018 (completed), harm assessment in the field of private copying

New developments / licensing
N.A.
Other new areas of development
Print-outs in mainly private and public sectors (mandate-based)
Number of Bilateral agreements type A
24
Bilateral agreements type A with
Bilateral agreements type A with : Copyright Agency (Australia), Litterar-Mechana (Austria), Access Copyright (Canada), Copibec (Québec), CFC (France), VG Wort (Germany), ICLA (Ireland), JAAC (Japan), Pro Litteris (Liechtenstein and Switzerland), Luxorr (Luxemburg), Stichting Reprorecht (The Netherlands), Kopinor (Norway), Copyrus (Russia), Dalro (South Africa), Cedro (Spain), CLA (UK), CCC (USA), CopyDan (Denmark), SIAE/NLI (Italy), Polska Kziaska (Poland), OSDEL (Greece), Kopiosto (Finland).
Bilateral agreements with Stichting Reprorecht, CFC, CLA, CCC and VG WORT renewed and extended in 2019.
Number of Bilateral agreements type B
12
Bilateral agreements type B with
Bilateral agreements type B with : Cad (Argentina), DHK (Croatia), HKRRLS (Hong-Kong & Macau), HARR (Hungary), Fjölis (Iceland), JAMCOPY (Jamaica), KOPJAMALT (Malta), MASA (Mauritius), CEMPRO (Mexico), Repronig (Nigeria), LITA (Slovakia), KORRA (Korea).
Type B bilateral with Original (Bosnia-Herzegovina) to be signed in 2019.
Remarks about financial data
All data listed here relate to the financial year 2018 - still to be approved by Reprobel AGM in June 2019
Please select your currency
Euro
Total amount collected for all licensing
17 770 343.00
Total amount collected for reproduction licensing
15 319 982.00
Total amount collected nationally for reproduction licensing
14 693 699.00
Total amount received for licensing from other RROs world-wide
626 283.00
Total amount received for reproduction licensing from other RROs world-wide
626 283.00
Total amount distributed from all licensing
12 719 238.00
Total amount distributed to national rightsholders
11 161 246.00
Total Amount distributed to foreign RROs
1 557 992.00
Name
Kurt Van Damme
Other agreements with RROs
Unilateral PLR: Stichting Pro (Dutch publishers' share in PLR remunerations from Flanders, collection years 2006 and onwards)
Unilateral PLR: Stichting Lira (Dutch text authors' share in PLR remuneration from Flanders, collection years 2006-2015)
Unilateral PLR: CCC/ACA (US text authors' share in PLR remuneration from Flanders, collection years 2006-2015)
Declaration & release agreement IPRO (Netherlands) / Publishers college Reprobel (digital usages in Dutch higher education 2012-2018)