president of Confindustria, the Digital Culture Minister Massimo Bray: ‘If the ministerial decree signed by him shall come into force the companies will do a rain of individual appeals to the TAR’.
class=”area”> Media – Confindustria Digitale attack of Mibac , the 500% increase ventilated for fair compensation for private copying of audio and video content on smartphones, tablets and smart TV as indennizzio Siae for artists. “If there is an increase of 500% of fair compensation for private copying on smartphones, tablets, phones, PCs, MP3s, CDs, DVDs, and smart TV in favor of SIAE, provided for by ministerial decree signed by the Minister Bray, companies in the ICT sector represented by Confindustria Digitale individually will resort to the TAR. “ said on Thursday Stefano Parisi, President of Confindustria Digital , in reference to the decree of the Minister of Culture Maximum Bray , which provides for an increase “unfair” , according to Parisi, fair compensation, the contribution to the SIAE by producers and importers of electronic devices (PCs, USB chievatte , Mp3, tablets, smartphones, mobile phones, Blu Ray, CDs, DVDs, Smart TV) as compensation to the rights holders of exploitation of musical works and videographic.
An increase
that, according Cesare Avenia , president of Asstel , “will impact negatively on TLC operators – says Avenia – because they also sell these devices. It is a compulsory levy that directly damage an industry already in trouble. “
position of Confindustria Digitale is diametrically opposed to that of SIAE , which in recent days, by the mouth of the president Gino Paoli , called the adjustment of tariffs Italian to those of Germany and France: “Because in Italy the rates of smartphones are 0.90 cents, those tablet EUR 1.90 and those of mobile phones and smartphones to 0.90 cents while in Germany vary from 16 to 36 € (depending on memory capacity) and in France by 2.80 to € 14.72 – said Gino Paoli – because the authors, performers performers and producers of the contents of our country does not may have equal dignity and must continue to produce original works without adequate compensation and then continuing to be the children of a lesser god? “.
“We agree with the recognition of compensation intellectual properties – said Cristiano Radaelli , president of Anitec – But the contribution is to be paid according to the actual use of the private and not based on the amount of device memory. the fee must be paid on the actual use of the work of the authors and do not purchase tout court of a technological device. Moreover, many digital devices do not allow the creation of a copy for private use and is therefore unlikely to apply a heavy tax on the purchase of these devices . “
risk, not too remote, is that the payment of fair compensation is not absorbed by manufacturers, as is the case today, but on to the consumer, with substantial increases for the purchase of electronic devices. With regard to the field of television, given the 20% drop in value in the consumer electronics sector in Italy, will be passed on to consumers.
Confindustria Digitale has proposed to the Government to suspend the increase and “convene a technical committee with all stakeholders, the same one that had been commissioned in 2009 by the Minister Bondi, but since then has never met, to achieve independent technological evolution – continues Parisi – and actually quantify how much private copying CDs and DVDs from being used by consumers. Especially since now the use of content, especially audio, takes place mostly in streaming while private copying from CDs and DVDs is no longer widely used. ask also to implement the recommendations of the Report of the former EU Commissioner Vitorino on private copying in order to enact , in short order, a decree that defines a truly fair compensation. ”fair compensation, adds Confindustria Digitale has not been calculated taking into account the average EU-28 countries, where there are six countries where it is not applied, including Spain and the United Kingdom (where it is illegal), but putting instead in the calculation tablet and smart TV, included in the basket of the calculation in only three EU countries.
If the increase aired from Bray decree was adopted by the ministry, according to data released today by Confindustria Digitale would go into the coffers of SIAE a revenue of approximately EUR 200 million (estimate of Confindustria), 175 million ( estimate of SIAE) compared to € 72 million collected in 2012 , an increase of 178%. Confindustria accuses the minister of Bray had no involvement by the Advisory Committee for the permanent copyright, to carry out the investigation for review of the decree passed by the Minister Bondi in 2009 on the subject of fair compensation. The Committee, according to Confindustria, has instead given to SIAE , the beneficiary of the proceeds from the fair compensation for private copying, the task of performing a technical report to attest to the state of the markets and implement a survey of rates European averages. Detecting license plate SIAE , which according to Confindustria has been fully transposed the 28th of October by the Committee and forwarded to the Minister that he inserted in the ministerial decree.
“The fair compensation is not a tax – adds Parisi – but it’s pretty close. Whether it will be signed the decree, the contribution of fair compensation for the coffers of SIAE pass from 13% to 30% of the total harvest. A blunder. What we would like instead is to determine the actual damage which the private copy today leads the authors. This is a calculation that has not been done. “
Currently, according to the calculations of Confindustria Digitale in Italy pays an average of € 1.38 per capita for fair compensation, compared with a European average of € 1.41. The proposal Bray transposed by the Decree provides for the passage of fair compensation from the current EUR 0.9 (for older phones) for € 5.2 for smartphones; EUR 1.9 (for PC without burner) to 5 Euros for tablets, 5 Euros for smart TV, and the increase from € 2.4 to € 6 for computers with burner, passing from 0.5 euro to 0.9 euro per gigabyte per gigabyte for the memories transferable suppression of ‘fair compensation for the HD-DVD and the decrease for dvd and blu ray. From 0.41 to 0.21 cents and 0.20 cents respectively per gigabit.
risk, not too remote, is that the payment of fair compensation is not absorbed by manufacturers, as is the case today, but on to the consumer, with substantial increases for the purchase of electronic devices. With regard to the field of television, given the 20% drop in value in the consumer electronics sector in Italy, will be passed on to consumers.
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