"Stichting de Thuiskopie" wins a great victory

On 15 November 2006 in a lawsuit brought by Stichting de Thuiskopie, the court in The Hague sentenced two Belgian traders in blank CDs and DVDs to pay €414,000 in outstanding remunerations for private copying. In addition, the traders have to pay Stichting de Thuiskopie more than € 8,000,000 in forfeit fines and € 20,000 in court costs.

The traders in question had in the past been importing blank disks into Holland, which they then offered for sale at computer fairs. However, they stubbornly refused to pay the legally-prescribed levy for private copying to Stichting de Thuiskopie, in spite of the demand notes issued by the latter.

In november 2004, during the computer fair “HCC dagen” in Utrecht, the fiscal and economic detection service FIOD/ECD, in close collaboration with Stichting de Thuiskopie, seized a very large consignment of blank disks which the traders aimed to sell there.

Partly in connection with this sequestration, the Judge in Summary Proceedings in The Hague ordered the traders in September 2005 to make a full statement to Stichting de Thuiskopie on all their imports of blank disks in the past. Moreover, they were forbidden on pain of a fine to continue importing blank media without paying the remuneration for private copying outstanding.

The Judge now confirms this sentence and has established the levies and fines outstanding in the past. In addition, the Judge stipulated that the Belgians must pay a fine of € 10,000 per day or € 1,000 per disk if they commit this offence again in the future.

Although this is a sentence in favour of Stichting de Thuiskopie, Auvibel adopts the same principles in such cases.

Sentence of 15 November 2006 (NL)
Stichting de Thuiskopie

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