The consultative commission for the private copying of works and performances is tasked with providing advice on different aspects of the private copying levy. These aspects focus on the status of the relevant media and devices, the payment amount, the methods for collecting the levy and its control and distribution methods.
The private copying levy is due as compensation for the recognition of the private copying exception. Users are therefore exempted from requesting the permission of right holders to be able to make private copies of works and performances. In return, the authors, performers and producers of these works receive so-called “private copying” remuneration. Since 1st September 2019, the same applies to publishers, who thus receive remuneration for private reproductions of their publications.
This levy is collected on the media and devices used for the private reproduction of works, performances and publications. It is paid directly to the company responsible for its collection by those who put these media and devices into circulation on Belgian territory, and it is then distributed among the authors, performers, producers and publishers.
The different aspects of the private copying levy discussed as part of the consultative commission's task are covered by a royal decree.
The private copying consultative commission is comprised of:
- a chairman, who represents the minister responsible for copyright;
- individuals representing the company which is responsible for collecting and distributing the private copying levy (AUVIBEL scrl);
- licence payer representatives;
- representatives of wholesalers or retailers of devices or media;
- individuals appointed by organisations representing consumers.