A case on the list of objects of the blank tape levy and the levy of equipment used for reproduction has been initiated
The Second Panel of the Constitutional Court has initiated a case “On Compliance of Para 3 and 4 of 10 may 2005 Cabinet of Ministers Regulation No. 321 “Regulations regarding the Amount of the Blank Tape Levy and the Levy of Equipment Used for Reproduction and the Procedures for the Collection, Repayment, Distribution and Payment Thereof with Article 64, Article 105 and Article 113 of the Satversme of the Republic of Latvia”.
Article 64 of the Satversme establishes that the Saeima shall have the right to legislate; Article 105 of the Satversme guarantees the right of a person to own property, whilst Article 113 of the Satversme includes the duty of the State to recognise the freedom of scientific research, artistic and other creative activity, and shall protect copyright and patent rights.
The contested norms establish an exhaustive list of objects, for which levy shall be paid: for the blank tape – audio cassettes, video cassettes, discs etc, and for the equipment used for reproduction – different kinds of players, satellite receivers with data recording function, CD recorders, etc.
The applicants, namely, associations “Latvian Performers and Producers association” [“Latvijas Izpildītāju un producentu apvienība“], “Copyright and Communication Consultation Association” [“Autortiesību un komunicēšanās konsultāciju aģentūra / Latvijas Autoru apvienība“], “Latvian Film Producers Associatoin” [“Latvijas Kinoproducentu asociācija“] and “Latvian Professional Actors’ Association” [“Latvijas Profesionālo aktieru apvienība“], indicate that their right to property and copyright is infringed by the fact that the Cabinet of Ministers has restricted the list of objects, for which levy shall be paid, by failing to include therein all functionally similar equipment. For instance, the regulatory framework of the Cabinet of Ministers Regulation No. 321 fails to apply to flash memory, external hard disks, mobile phones, latest music players with built-in memory etc.
The Cabinet of Ministers was asked to provide, before 31 October 2011, a reply on the facts of the case and legal substantiation thereof. The term of preparation of the case is 31 January 2012.
Linked case: 2011-17-03