ZPÜ/GEMA Standstill of collective negotiations –
Artists are organizing themselves –
Support of the C3S
Dear members of the VERE e.V., dear take-e-way customers,
dear friends and supporters of our association,
As you might have already learned from the press an initiative is currently formed with the C3S with the aim to found a new trendsetting European association for the commercial use of artistic works.
The C3S (Cultural Commons Collecting Society) has set itself the objective of promoting a fair, well thought-out remuneration which is acceptable for all parties. Firstly, the unfair distribution of the incomes of the collecting societies towards the originators is currently in the focus. In discussions with founders and artists of the C3S revealed that it does not only seem that they are legally experienced. Apparently, the C3S founders also intelligently think through the commercial side and want to use the realities of today's digital options. They also use the option of the flat copyright fee which is currently used by the ZPÜ at your charges and do not want to overstrain more than the legislator initially intended.
The VERE Association for the take-back and recycling of waste electrical and electronic equipment (VERE e.V. registered association) pronounces itself for the support of this promising initiative which stands for more transparency, fairness and modernity in the copyright exploitation of the artists.
From our point of view, the following reasons plead for the support of the C3S:
In 2011 and 2012, the ZPÜ (Zentralstelle für private Überspielungsrechte) (=Central Organization for Private Copying Rights) dramatically increased the tariffs for the most types of devices after long-term, fruitless negotiations with the associations of producers, among others with the information circle AufnahmeMedien (Recording Media) and also with the VERE Association. For instance for USB sticks and memory cards the tariffs were increased by 800 to 1850 percent!
In the meantime, all these tariffs established "ex officio" have been brought to different judicial instances or to the court of arbitration. The concerned importers/manufacturers have to be prepared for uncertainty about the outcome of this judicial clarification during many years and a commercial blind flight under conditions distorting the market and competition.
The ZPÜ has the task to claim the remuneration towards the distributing companies for devices and blank media and to distribute the royalty revenue to its associates (the 9 collecting societies – among others the GEMA). They in turn distribute the earnings according to almost not comprehensible keys to the right holders who in parts are no artists.
Our concerned members who generally respect and acknowledge the copyright claims and want to attend their legal duties duly and in an exemplary manner are acting in a legal and commercial gray area and thus have considerable disadvantages which are partially even threatening their survival.
On the one hand, it is not foreseeable how high the tariffs will be set in fact. Until then, it is not possible to include them in the price calculation of the devices. On the other hand, it is difficult to justify the necessary provisions towards the responsible fiscal authorities. Considerable capital sums will be bound which the companies cannot use for investments. Furthermore, our members are defeated by those market participants in the competition which avoid natural justice by selling their products from foreign countries or cooperate with sales companies which were uniquely founded for this purpose in order to sacrifice them in case of an intervention by the ZPÜ or operate on the market as free riders by ignoring the legal frame conditions on the market.
These are only the obvious problems out of the numerous problems by which our members are confronted.
From our point of view, the C3S uses a fair, transparent and modern approach which also considers the interests of the distributing companies of reproduction equipment and blank media in the following consequence.
The C3S SCE which had been founded on September 25th, 2013 yet has more than 600 members and is in the last phase of the fund raising; the C3S urgently needs other financial means in order to be approved as collecting society by the German Patent and Trademark Office (DPMA) in order to implement the technical requirements. Until the end of the year, it is necessary to attain 200,000 Euros in order to obtain a support of the same amount from the State of North Rhine-Westphalia (NRW).
If the approval as collecting society is successful, it would be a real counterbalance to the monopolistic structure of today's copyright exploitation and the GEMA – and indirectly also the ZPÜ – will be forced to the negotiation table.
Being our member you will have the chance to obtain fair and uniform market conditions as well as the commercial certainty in calculation by future fair and transparent tariffs for the reprographic levy. The information circle AufnahmeMedien (Recording Media) which is closely cooperating with us recognized this opportunity and yet actively supports the C3S.
In order to use the option of breaking through the monopole of the current collecting societies and thus hopefully create future dynamics into the rigid fronts for you we would be glad if you, dear member, supporter and friend of the VERE Association would also support the initiative of the C3S.
Please find further information on the website of the C3S under www.c3s.cc. On the one hand, it is possible to make donations, on the other hand, it is also possible to become a member by purchasing cooperative shares at 50 Euros each. A membership form is available under:
http://archive.c3s.cc/legal/beitritt-koerperschaft.pdf
If you are interested you may also directly contact Mr. Senges wolfgang.senges@c3s.cc.
We would be very glad if the C3S initiative can celebrate its success at the end of the year and we may be able to offer you overall contracts as well as other support in accomplishing administrative burdens as manufacturer's accociation VERE e.V.
With this in mind we remain with
Kind regards
Jochen Stepp, 1st Chairman of VERE e.V.
Oliver Friedrichs, 2nd Chairman of VERE e.V.
Christoph Brellinger, Manager VERE e.V.
About take-e-way
- Founded in 2004 in Hamburg
- Currently 16 employees
- Management: Jochen Stepp, Oliver Friedrichs
Business Fields: take-e-way GmbH at Hamburg/Germany assumes the implementation of requirements and obligations in conformity with the law according to the Electrical and Electronic Equipment Act (ElektroG/WEEE), Battery Act (BattG) and Packaging Ordinance (VerpackV) for medium-sized companies in Germany and abroad.
VERE Association: take-e-way represents the interests of more than 2,950 companies even at political level in cooperation with the Verband zur Rücknahme und Verwertung von Elektro- und Elektronikaltgeräten (VERE Association for the take-back and recycling of waste electrical and electronic equipment (VERE e.V. registered association)) founded in 2003, the organization of suppliers, manufacturers, trade associations and individual persons for implementation of the ElektroG in Germany having the largest number of members.
Press Contact
take-e-way GmbH
Christoph Brellinger
Corporate Communications
Liebigstraße 64
22113 Hamburg
Germany
Phone: +49 (0)40/750687-111
Fax: +49 (0)40/750687-101
http://www.take-e-way.com
presse[at]take-e-way.de
