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Just some months ago, Vaiko Eplik came out with a new album, 7 ehk Nõgesed. It’s good stuff, and one CD wouldn’t be enough – a pity to kill the thing in the car, and some songs one would like to take jogging. For the car, one can burn an extra CD. For running purposes, stick files in iPod. Both are legal, if done for personal use only.
True, an indirect tax is attached to copying-just-for-me. They call it the «blank tape fee». The tax is to compensate copying to the author. For those who don’t know what a tape is... a couple of decades ago, there were these things to record music. A cassette made of plastic, with a tape inside on two reels. The music was on the tape. Quite archaic. Photo department in Postimees had some deep digging to do, to shoot a picture of one. They’re just not around anymore – like the VHS folks used to record movies on.
The name has stuck, however. As has the list of audio/video media that the tax applies to when purchased. The tax, namely, applies to tapes, and to VHS. So what if these aren’t on sale anymore? The law is a law.
Well, who’s bothered by these relics, one might ask. If not on offer in stores, nobody pays and that’s it. But in fact they do bother – by having been replaced by new stuff. Like mp3 players or iPods. However, to by an iPod there’s no tax demanded. Mr Eplik – and many others – won’t get the income lawfully theirs. For the simple reason that despite the years of discussions, the new recording devices still haven’t been written into laws. To this very day, taxes are demanded on tapes and VHS cassettes. Which are no longer available. And: taxes are not demanded for what has come in their place.
The money isn’t big, mind you. We are talking about some few percent on prices of recording devices and media.
Put together, however, the sum not paid is quite impressive, however. As calculated by organisations of authors, performers and phonogram producers, over four years the creators and presenters of music have missed out on over €800,000 – due to sad state negligence with legislation. Those concerned have talked to ministries. Once, twice, ten times. Nothing. They started at culture ministry, and then continued with justice ministry. The latter says: no consensus, no solution.
So now they went to court. What else could they do? All they want is the law to be a bit tweaked to reflect the changed world. Embarrassing to ask, really – in a land ever so innovative.