Will EU Consumers Choose DRM or Double-Taxation?

By Scott M. Fulton, III | Published October 6, 2006, 3:48 PM

Reuters reported this afternoon that the heads of two of the Netherlands' leading corporations worldwide, Nokia and Philips, co-authored a joint letter urging the European Commission to strongly consider renegotiating -- if not striking altogether -- levies collected from consumers from the sale of MP3 players and disc recording media.

These levies were designed to enable consumers to pay their fare share of copyright fees, but electronics companies and consumers groups alike are complaining that since copyright fees are also collected from legal song downloads, consumers are effectively double-taxed.

Consumers can avoid double-taxation, argue European industry groups, if they would be willing to adopt what for them seems the most appropriate alternative: strong digital rights management.

Countries throughout Europe resolved -- or thought they resolved -- the issue of copyright holder compensation decades ago, with the imposition of levies on the sales of recording equipment. Sure, a VCR owner was allowed to record television over the airwaves or through licensed cable, so long as he had paid his levy for the recorder and for the blank tapes.

With minimal adjustment to the various EU member countries' laws since that time, MP3 players are considered recording devices, subject to levies of up to 25 euros, according to an estimate provided to Reuters by long-time Dutch electronics industry attorney Dirk Visser.

With the EU having adopted a central copyright licensing agreement earlier this week, the time has come, argues Nokia executive vice president and general manager for multimedia Anssi Vanjoki, and Philips CEO Rudy Provoost, for member countries to stop double-dipping from consumers' pockets.

In the Netherlands, levies have been collected since 1991 from the sale of recording media. According to the Dutch Foundation for Information Policy Research, the amounts of those levies has generally been determined by a private cooperative called the Foundation for Negotiation of Private Copy Compensation, abbreviated SONT. In an attempt to maintain balance, SONT is comprised of three groups of copyright holders plus three representatives from the recording industry, moderated by the partition of an independent advisor appointed by the Minister of Justice. But the Netherlands does not then collect a separate levy from MP3 players or TiVos.

That distinction belongs to, among other countries, France. There, according to an economic study published last May for the Copyright Levies Reform Alliance (CLRA), a levy contributes as much as 9.09% to the price of the average MP3 player, which may sell for around 100 euros.

Plugging those numbers into an economic model, the study's analysts calculated that about 974,000 more MP3 players could be sold each year without the additional 10 euros levy than with it.

The study then concluded that such an increase in French MP3 player sales -- 18.2% higher than what was actually reported for 2005 -- would have led to additional sales of online music tracks of an additional 1.8 million euros. In all, the study concluded, the digital music market in France was impacted in 2005 by about 158 million euros, in order that the government might collect 53.6 million euros in levies.

Earlier in 2005, SONT proposed a levy be imposed on MP3 players, totaling about 3.28 euros per gigabyte of storage. Such a tax could have added the equivalent of $300 or more to the price of a high-end iPod; since that time, the plan on the table has been dramatically scaled back.

So flying the pro-consumer banner, Philips and Nokia have come out in strong support of drastically scaling back the levy system, arguing it's simply better for the economies of member countries if the levies weren't there. What today's statement appears to omit is that both companies are founding members of the CLRA, along with Apple, Sony, Dell, Intel, and HP, plus four European electronics industry organizations.

One of those organizations, known now as just EICTA, states the working group it assembled that led to the founding of CLRA "promotes viable alternatives to the archaic copyright levy system, namely, Digital Rights Management (DRM) systems."

"The preparatory documents of the [EU] Copyright Act state that TPMs [technological protection measures] should be considered when setting the level of levies to be paid," states a CLRA legal study from earlier this year, "and that if TPMs become more widely used in the future then this may result in a reduction, or elimination of levies. That said, no decision has been made regarding how to implement such considerations in practice and there are no guidelines suggesting how levies should be calculated where DRMs or TPMs are available."

Without explicitly advocating the use of DRM and/or TPM schemes as an alternative measure for protecting the interest of copyright holders, the CLRA's studies effectively did their job: They brought the subject up, and don't think for a moment that EU legislators haven't noticed.

Once again, the man in the spotlight with regard to this aspect of EU copyright reform is Charlie McCreevy, Commissioner for Internal Market and Services. In a speech before Parliament last November, he identified precisely the legal lever that alternates between levies and DRM:

"The 2001 Copyright Directive states that fair compensation must take account of the use of DRM. In practical terms, this should mean that as the use of DRMs increases, the use of levies should decrease. This does, however, not appear to be the case. This effectively means that consumers who use legitimate on-line services to download music against payment, pay twice."

With protests worldwide yesterday to mark the "Day Against DRM," today was not the day either for lawmakers or electronics industry executives to be touting digital rights management as a populist cause. Probably for this reason, today's public call for fairness in taxation from Nokia and Philips appeared "DRM-free."

But the two issues are now intertwined, and perhaps before the end of the year -- when the EC is due to make its recommendations on per-device levies -- consumers may find themselves deciding which necessary evil -- taxes or DRM -- they hate the least.

Comments

View comments by with a score of at least

disc recording media?
what does it mean?

Score: 0

|

Digital Rights Management. It is a pathetic attempt at copy protection that attempts to take away the fair use ability of the consumer.

Score: 0

|

...

"If taxes are
charged for
blank media etc,
then it's not
illegal to download
music and video
because the taxes
have already been
paid.
I'm ok with that,
lets do it in the
US and be done with
these lawsuits
already."

...

~That's~ an appealing solution, but "taxes"
AREN'T "royalties".

The royalty system rewards successful artists.

The taxation-compensation system rewards
industry as a whole ...indiscriminately !

Which is a prescription for mediocrity and
non-achievement.

None of us -if we think about it- want a system
which encourages only tax funded production.
Most especially in regard to music and movies.

We want reward to follow excellence !

This incentive being absent when a tax levy is
simply divided up among an industry.

Got to link financial reward to ~specific~
products. And DRM ...like it or not.. is the
ONLY way to accomplish that.

...

The Computer Rodent

...

"Thou shall
not steal !"

...

Score: 0

|

You're daft if you think artists are the ones profiting from the majority of commercial music in the US. And your comment regarding mediocrity is ludicrous when you actually look at the quality of music coming out of the US. The system your advocating actually hurts the good artists, and feeds the 'mediocre' ones, as you would put it.

Regardless, the levy system could easily be scaled to appropriately award more successful artists (not necessarily good artists, just more successful ones). It's an easy design.

Score: 0

|

...

"Thou shall
not steal !"

...

I will :-D

...

Score: 0

|

If taxes are charged for blank media etc, then it's not illegal to download music and video because the taxes have already been paid.

I'm ok with that, lets do it in the US and be done with these lawsuits already.

Score: 0

|

In Europe they added taxes and keep promoting lawsuits against whoever downloads with P2P programs over the 'net.. So...

Score: 0

|

Have the ambulance chasers not picked up on the connection? I'd argue that in a heartbeat.

If it's taxed it's not illegal.

Score: 0

|

Screw that, all I have is blank media. This will hurt the blank media consumer >_< .

Score: 0

|

I don't see how that would help me at all. I go through dozens of CDs and DVDs a month in backups at several sites around here.

Why on earth should I be forced to pay a "Music Download" tax for that?

No thanks. I'm not in the business of funding criminals.

I like bugmenot's idea better. Stop legally enforcing DRM and don't tax. Let the pirates and the distribution companies battle it out and leave the rest of us out of it.

Score: 0

|

Canada has a levy on recordable media for some time now. This is why it is not illegal to download for personal use in Canada.

Score: 0

|

Right. Just punish everyone.

Score: 0

|

> DRM or Double-Taxation?

neither! in fact, there should be no levies whatsoever on neither recording media, nor equipment. as for drm - recording industry can use whatever drm it likes - but there should be no laws protecting it.

Score: 0

|

"as for drm - recording industry can use whatever drm it likes - but there should be no laws protecting it. "

agreed!

Score: 0

|

What I want to know is who the dumb s**t was that tried to get roughly 3 euro per GB. Come on you senile old twats, you gotta know that isn't gonnna fly.

But what a choice. DRM or taxed on recordable media (that in a lot of cases will not be used to burn music but a persons own content)

Stories like this make me very glad that there are people out there smart enough to eventually crack the DRM implementations and that open technology like bittorrent exists to distribute large amounts of data.

People need to fight against stuff like this or we would all be getting taxed many more times than 2.

Score: 0

|

"consumers may find themselves deciding which necessary evil - taxes or DRM - they hate the least"

Enjoy.

But gee whiz, I am entitled AND a victim! :-S

Here is a radical idea...Wouldn't it be amazing if all of the whiny CONSUMERS chose instead to be producers? But then its always easier to demand more of what someone else produces then to actually get off one's posterior. After all, A/V program material is an option and not a necessity.

Score: 0

|

I've found myself hardly listening to music anymore in recent years. I'm certainly not buying any CDs.

I haven't watched television in two years...

I've gone almost completely back to reading books and browsing the internet as my main entertainment.

I'll bet the RIAA and their buddies are still trying to find some way to get cash out of me... I can't imagine people like me are very popular with them... ;-)

Score: 0

|

I'm sure you're number one on the RIAA hitlist...

Score: 0

|

Microsoft's Bob Muglia and Ray Ozzie on Silverlight vs. standards

Bob Muglia: "We're trying to provide people with an environment that has capabilities that you just simply can't do today in the standards-based world."

Uh-oh, netbooks -- not Windows 7 -- will lift 2009 PC sales

Santa may bring a lump of coal to the Windows PC industry this holiday season. Netbook sales will sap PC margins, while weak Windows 7 PC sales could further drive down average selling prices.

Google's value proposition for Chrome OS: Should we feel insulted?

For a search engine that has direct access to all the world's online history, it appears to have taught Google nothing about selling a machine.

PDC 2009: What have we learned this week?

There was the freebie that no one will forget, the heebie-jeebies courtesy of Scott Guthrie, and a teensy bit clearer picture of how this cloud thingie should work.

Where there's smoke: Apple warranty stance raises troubling questions

Carmi Levy | Wide Angle Zoom: Smoking can be dangerous not only for your lungs, it appears, but for your Apple hardware warranty.

Microsoft's .NET Micro Framework is now free and open source

The latest version of Microsoft's .NET Micro framework is now in the hands of the FOSS community.

E-book readers will be in short supply this holiday season

E-readers are hot this year, and a lot of compelling new products have been released, but are there enough electrophoretic displays to go around?

Sony looks to finally open a single storefront for downloads

Sony has had many different download portals for movies, music, e-books, and games, and now it's looking to make a single shop for all of it.

Tuning out the tablet: Time to give the endless speculation a rest

Wide Angle Zoom: Wishing and hoping and thinking and praying....won't put an iTablet on the market.

Five improvements for IT managers in 2010

If businesses are to improve their efficiency for next year, they need to stop and reassess the basic tenets of their job.

Live report: Will Google Chrome OS change Linux?

The mysteries of just what Chrome OS is, and how much of an operating system it truly is, may be resolved today.