It has just been published in the BOE Order ECD/2166/2014,
of November 14, by which the amount of compensation
equitable by private copy corresponding to fiscal year 2013.
Nothing new is said in this provision, which is limited to
apply to the 2013 Budget the amounts previously established in the Order ECD/2128/2013, of November 14, 2013. It is worth highlighting, however, the
distribution of that quantity between the three modes of reproduction,
37% corresponding to videograms, 33,6% to phonograms and almost
29% to books.
apply to the 2013 Budget the amounts previously established in the Order ECD/2128/2013, of November 14, 2013. It is worth highlighting, however, the
distribution of that quantity between the three modes of reproduction,
37% corresponding to videograms, 33,6% to phonograms and almost
29% to books.
As will be remembered, the controversial financing system of the
equitable compensation for private copying charged to the Budgets
Generals of the State, established by the RD Law 20/2011, December 30,
urgent measures in budgetary, tax and financial matters for the
correction of the public deficit, was the subject of regulatory development in the
Royal Decree 1657 / 2012, December 7. This provision established a regime
transient to facilitate the definitive abandonment of the previous system, in the
that the collection was obtained through taxes on equipment, devices and
reproduction media towards a new one financed by all citizens to
through the General Budget. Fundamentally, the transition from one system to
another was carried out through a procedure of granting deliveries to
account to management entities for equitable compensation
corresponding to the fiscal year 2012. As established in the Provision
transitional 2nd of the Royal Decree, if the amount of these deliveries on account was
lower than the final settlement for fiscal year 2012, the difference would be
imputed to the corresponding budget concept for the year
following. Since the final amount for 2012 was set at 8.636.728,09 euros
and deliveries on account were made for a total of 3.636.728,09 euros, the
The remaining five million are those that are now applied to the fiscal year 2013.
equitable compensation for private copying charged to the Budgets
Generals of the State, established by the RD Law 20/2011, December 30,
urgent measures in budgetary, tax and financial matters for the
correction of the public deficit, was the subject of regulatory development in the
Royal Decree 1657 / 2012, December 7. This provision established a regime
transient to facilitate the definitive abandonment of the previous system, in the
that the collection was obtained through taxes on equipment, devices and
reproduction media towards a new one financed by all citizens to
through the General Budget. Fundamentally, the transition from one system to
another was carried out through a procedure of granting deliveries to
account to management entities for equitable compensation
corresponding to the fiscal year 2012. As established in the Provision
transitional 2nd of the Royal Decree, if the amount of these deliveries on account was
lower than the final settlement for fiscal year 2012, the difference would be
imputed to the corresponding budget concept for the year
following. Since the final amount for 2012 was set at 8.636.728,09 euros
and deliveries on account were made for a total of 3.636.728,09 euros, the
The remaining five million are those that are now applied to the fiscal year 2013.
While This amount is far from the 115 million that are
they were collecting Before 2011, the outlook may get even worse
in the coming years as a consequence of the reform of the Property Law
Intellectual that will come into force next January and one of whose fundamental points consists of restricting the
maximum the concept of private copy. This limit restriction would serve to
justify an even smaller budget allocation. However, they cannot miss
in view of the preliminary questions regarding the financing of private copying
. has raised our Supreme Court before the CJEU and whose resolution
could endanger the current system.
they were collecting Before 2011, the outlook may get even worse
in the coming years as a consequence of the reform of the Property Law
Intellectual that will come into force next January and one of whose fundamental points consists of restricting the
maximum the concept of private copy. This limit restriction would serve to
justify an even smaller budget allocation. However, they cannot miss
in view of the preliminary questions regarding the financing of private copying
. has raised our Supreme Court before the CJEU and whose resolution
could endanger the current system.
Author Patricia Mariscal
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