Here is a new good reason to turn to refurbished devices

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The Council of State has just announced the abolition of the private copying tax for refurbished devices. This decision could lower prices.

Here's another good reason to turn to refurbished devices

From February 1, 2023, smartphones, tablets, PCs and any other refurbished device will no longer be subject to the private copying tax. Logic? Obviously not that much.

Since November 2021, a measure has required sellers of refurbished devices to pay this private copying tax, yet already paid by manufacturers on the same device sold new. This rule had also caused an outcry, so much so that the file had been seized by the UFC-Que Choisir association.

The public rapporteur of the Council of State had also recommended in a report the abolition of this tax for reconditioned devices. The Council of State therefore followed this recommendation on the grounds of a formal defect.

More than the text itself, it is the way in which it was voted that poses a problem, explains the media The Informed. The team in charge of applying the scales was in fact incomplete during the 2021 vote. Made up of 24 seats, this body brought together rights holders (12 seats), manufacturers and importers (6 seats) and consumer representatives ( 6 seats). However, consumer representatives were not present during the vote.

As of February 1, 2023, the private copying tax will therefore no longer be applied to refurbished devices. an amount of 9 euros on average, this removal should lower the prices of these devices, unless market players take advantage of it to increase their margins.

Regarding devices already sold, the Council of State has decided not to apply retroactivity in order to avoid dozens of disputes with Copie France, the company responsible for collecting the private copying tax. Consumers cannot therefore claim any refund.

Private copying: the tax from another time

The very existence of the private copying tax raises questions. Originally, this royalty allowed rights holders to receive a few euros for each new device or storage medium (smartphone, tablet, PC, CD, DVD) allowing the copying of a cultural work (film, music, etc.). A sort of compensation for lost revenue from pirating or reproducing a work for non-commercial purposes (basically, burning a movie or album to CD or DVD).

If this tax is so controversial, it is because it generates an additional cost for consumers when their uses have changed considerably. First of all, nobody (or maybe a few resistance fighters living in a village in western Gaul) burns CDs or DVDs anymore. In general, few consumers store cultural works.

An Arcom study published in December 2022 confirms this trend. According to her, 86% of French people subscribe to at least one streaming platform (music or video). At the same time, piracy fell by 4%. Moreover, the proliferation of streaming platforms and the financial results of the giants in the sector clearly show that this market is booming.

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