Backmarket wants to know if you are paying Private Copying Levy to Copie France — what to do?
Starting from 24th of February all the sellers on Backmarket are expected to indicate in the seller portal whether they are actively paying the Private Copying Levy to Copie France or not.
The background
In June 2021 the French lawmaker ruled out an exemption for Private Copying Levy, declaring a 40% reduction of Private Copying Levy on refurbished devices compared to the brand new devices. Within an instant, it made Copie France the most eager collecting organisation in European Union. It is not a secret that Copie France really means to collect what they believe is rightfully theirs and they doesn’t shy away even if it means taking Refurbshed sellers to the court.
It is also not a secret that Backmarket doesn’t fully align with Copie France’s ideas. There are many arguments that can oppose the idea of paying private copying levy on refurbished devices. The private copying levy has already been paid once on every single refurbished device when they entered the market as brand new and collecting levy on the refurbished industry is working against the bigger goal of mitigating the environmental impact of the devices that we all use, to name a few.
To illustrate the conflicting views, here is a quote from Cédric O, Secretary of State for the Digital Sector.
What is your main failure, personally?
“What weighed on me the most personally was subjecting refurbished smartphones to the private copying levy .”
— Cédric O
However, the matter is still not finally settled in France and it in the hand of the court to decide which interests will prevail. Given that, it is all the more surprising that starting from 24th of February all the sellers on Backmarket are expected to indicate in the seller portal whether they are actively paying the Private Copying Levy to Copie France or not.
Without a doubt it puts all sellers in a challenging situation — say no and make it easier for Copie France to take you to the court or say yes and pay a levy that is still in dispute and that you yourself might not fully believe in.
Understand your situation and evaluate your legal risk
We are not in a place to tell you what you should do. Chances are that this is the first time you are made aware of something called Private Copying Levy. However, we also believe that you should fully understand what both possible scenarios could mean for your business.
Should you decide to start paying to Copie France, you should know exactly how much it would cost you and reporting the levy should not put an additional administrative burden on you. Should you decide not to pay, you should also become aware of the legal risk that you are taking so that you could be prepared once the invitation to the court lands in your inbox.
We can help you understand your legal risk and help you report the Private Copying Levy
We at Musketeer have been developing a service that helps you understand what is the Private Copying Levy based on your Backmarket sales and further more, we have automated filling the Private Copying Levy monthly report that Copie France is eagerly waiting every month by the 20th.
By the way — France is not the only country among Backmarket markets where you have the obligation to pay Private copying levy. In addition to France, the Private Copying Levy applies for refurbished devices in Austria, Belgium, Germany, Italy, Netherlands, Portugal, Spain and Sweden.
If you would like to learn more about Private Copying Levy and see what you should pay in each country, we invite you to contact us. Let’s have a meeting and dig into the topic.
Get in touch with us: hello@musketeer.pro
