What is Auvibel?

Book XI “Intellectual Property” of the Code of Economic Law stipulates that the author of a literary or artistic work is the only one who has the right to copy it or permit a copy of it to be made, in any manner or form whatsoever.

Nevertheless, the same law stipulates that the author may not prohibit reproductions of sound and audiovisual works made within the family circle and exclusively intended for that circle. This equally applies with regard to performing artists and producers of phonograms or of first recordings of films and to authors and publishers of literary works and works of graphic or plastic art.
From this exception to their exclusive right it arises that authors, performing artists and producers of phonograms and audiovisual works and authors and publishers of literary and graphic or plastic works are entitled to recompense for copies of their works and performances made for personal use.

On the basis of the Royal Decree of 2 October 1995, Auvibel is a non-trading company in the form of a "CVBA" responsible for the collection and distribution of the remuneration for private copying of protected works. Auvibel's task is considered as being of general interest and is carried out under the supervision of the Federal Government Department of the Economy.

The levy applies to devices enabling protected works to be reproduced (e.g., DVD recorders, set-top boxes with recording feature ) and blank recording media on which protected works can be copied (e.g., blank CD-Rs, MP3 players, external hard disc drives). These products subject to the levy for private copying are declared to Auvibel by manufacturers, importers or intra-EU purchasers when those media and devices are released on the market in Belgian territory.

An advisory committee has been instituted at the FGD Economy. The committee is chaired by a representative of the Minister and is further comprised of persons designated by the management company Auvibel, by organisations representing remuneration-payers, by organisations representing distributors of media or equipment, both wholesalers and retailers, and by organisations representing consumers.

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