(REPROBEL) REPROBEL

Organisation

a) History summary : Reprobel was founded in 1994 and was appointed as central RRO for the old reprography scheme in 1997, with collections starting in 1998 and a first distribution to rightsholders in 2001. As from 2017, Reprobel is the central RRO for the reprography and publishers' remuneration in the private and public sector and for the separate education and research remuneration. Since 2005, Reprobel also administers PLR in Belgium. b) Legal system : Private and public sector: legal licence for photocopies (reprography remuneration to the benefit of authors and separate publishers' remuneration). Additional mandate-based licence for print-outs and for digital re-use of copyrighted works. Education and research: legal licence for paper and digital reproductions and for secured network communication. No additional mandate-based licence. PLR: legal licence.

Year Financial

January 1 - December 31

Year Incorporated

1994

Year First Distribution

2001

Board Members Method

Representation of all CMOs (15) in board by virtue of Reprobel's statutes.

Board Members Number

15

Author Reps Number

8

Remarks Board

President: Anne-Lize Vancraenem (SAJAM) Vice-President: Sandrien Mampaey (License2Publish) Chair of Authors College: Lara Leo (deAuteurs) Chair of Publishers College: Marc Hofkens (SEMU)

Member Associations Number

15

Pub Associations Number

7

Creators Associations Number

8

Remarks Members

Reprobel members are Belgian CMOs representing authors and/or publishers. Authors' CMOs : ASSUCOPIE, deAuteurs, JAM/SAJ, SABAM, SACD, SCAM, SOFAM and VEWA. Publishers’ CMOs : COPIEBEL, COPIEPRESSE, LICENSE2PUBLISH, REPRO PP, REPROPRESS, SEMU, LIBRIUS and SABAM. (*) SABAM is represented in both the Authors and the Publishers College but is counted as only one Reprobel member.

Staff Number

14

National Legislation Type

Civil Law

Licensing System

Legal Licence

Mandating Rights Holders

Indirect representation via authors' and publishers' CMOs (text & visual). Non-affiliated rightholders can claim directly from Reprobel under legal licences however. Scope of mandate is defined by law under legal licence. Additional mandates (15) from member CMOs for print-outs and for digital re-use in the private and public sector.

Reprographic Licences Types of Institutions

Professional users only (no private copying --) www.auvibel.be). Reprography & publishers remuneration: public & private sector (+ additional licence for print-outs and digital re-use in these sectors) Education & research: officially recognized educational institutions of all levels and types + (public) research institutions PLR: public libraries.

Reprographic Licences Types of Uses

Private and public sector - combined licence covering photocopies under legal licence and print-outs and digital re-use under mandate base-based licence against one flat fee for all usages combined. Education and research - photocopies, print-outs, scans, digital copies and secured network communication only. No additional mandate-base licence for other usages. Public lending (PLR):: "analogue" only (physical works) under legal licence.

Reprographic Licences Types of Works

Text works (Authors College): Journalistic, literary, scientific/educational texts, other texts, musical works (excluding sheet music). Text works (Publishers College): Books, Newspapers, Magazines, musical works (excluding sheet music), Other. Visual works (Authors' College): Photos, other visual & graphic works.

Digital Licences Types of Institutions

Private and public sector, education / research, public libraries.

Digital Licences Types of Uses

Education & research: paper and digital copies, and secured network transmission only. Private and public sector: photocopies under legal licence, print-outs and digital re-use (scans, digital-to-digital copies, internal one-to-many digital communication, external one-to-few digital communication, digital presentations & digital archiving, excluding posting on public website) through additional mandate-based licence PLR: analogue / physical works only (no e-books under legal licence)

Digital Licences Types of Works

Private and public sector (prints and digital re-use): all text & image works except sheet music. Education & research: all works covered by legal licence (text & image, AV and sound works) except sheet music. PLR: none (physical works only)

Other Agreements RROs

PLR: Stichting PRO & Stichting LIRA (the Netherlands) & CCC/ACA (US)

Other Licences PLR Flag

Yes

Other Licensing System

Mandate-based licensing: print-outs and digital re-use in private and public sector.

Admin Percentage

11.40% (official ratio)

Administration Charge

€2,309,114

Amount Collected PLR

€2,720,594

Amount Collected Total

€23,624,536

Amount Distributed Licensing

€17,038,692

Amount Distributed Licensing Reprographic

€14,368,337

Amount Distributed National Rightsholders

€10,613,202

Amount Distributed National Rightsholders Reprographic

€9,034,203

Amount Distributed PLR

€1,578,999

Amount Distributed RROs Foreign

€1,398,702

Amount Received RROs Worldwide Licensing

€737,864

Author Publisher Split

50/50

Bilateral Agreements Type A Number

24

Bilateral Agreements Type A With

Copyright Agency (Australia), Literar-Mechana (Austria), Access Copyright (Canada), Copibec (Québec), CFC (France), VG Wort (Germany), ICLA (Ireland), JAAC (Japan), Pro Litteris (Liechtenstein and Switzerland), Luxorr (Luxemburg), Stichting Reprorecht (The Netherlands), Kopinor (Norway), DALRO (South Africa), CEDRO (Spain), CLA (UK), CCC (USA), Copydan (Denmark), SIAE (Italy), Copyright Polska (Poland), OSDEL (Greece), Kopiosto (Finland). All relevant bilateral agreements extended or to be extended to digital usages in all professional sectors by end of 2021..

Bilateral Agreements Type B Number

12

Bilateral Agreements Type B With

CAD (Argentina), DHK (Croatia), HKRRLS (Hong-Kong & Macau), HARR (Hungary), Fjölis (Iceland), JAMCOPY (Jamaica), KOPJAMALT (Malta), MASA (Mauritius), CEMPRO (Mexico), Repronig (Nigeria), LITA (Slovakia), KORRA (Korea).

Dist Method Non Title Specific Flag

Yes

Dist Method Statistical Surveys Flag

Yes

New Developments & Court Cases

After the HP Belgium ruling of the CJEU in November 2015, all subsequent national court rulings with importers have been ruled in favor of Reprobel (no direct effect of 2001 copyright directive - old reprography remuneration scheme fully applies). Recently, a cassation request by HP was dismissed by the Cour de Cassation. As a result, importers will have to declare and/or pay what is still outstanding for ref years 2015 and 2016. More than 10 court cases with importers still pending.

New Developments Legislation

Substantial reform of copyright law after HP Belgium ruling of CJEU in November 2015. As from 2017, reprography equipment levies were scrapped, and separate legal licences were introduced for the private and public sector (reprography to the benefit of authors and parallel publishers' remuneration - photocopies only) and for state funded education and research (paper and digital copies and secured network communication). Publishers' remuneration installed on the basis of national law, outside EU copyright law. Reprography and publishers' remuneration governed by two separate Royal Decrees but identical per page tariff (de facto still 50/50).

New Developments Licensing

Mandate-based licence for private and public sector extended to digital re-use as from ref year 2020.

Outline Distribution Plan

As a general rule, Reprobel distributes to member CMOs of authors and publishers, which in turn pay out to individual authors or publishers. Non-title specific.

Publisher Reps Number

7

Publishers Percentage

50

Remarks Financial

Financial data relate to FY 2020 - to be approved by Reprobel AGM in June 2021

Remarks Staff

Staff members counted in FTE

Text Authors Percentage

35.25

Visual Material Authors Percentage

14.75%

Local Currency

Euro