Lone Amtrup

Grafik og illustrationer placeres efter hjælpelinjer

Dansk Journalistforbund / jan 2010

The Danish Union of Journalists

Media & Communication


Lone AmtrupSenior Legal Advisor

The Danish Union of JournalistsMedia & Communications

Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 20102


Collective Society

• Copydan is an umbrella organization – a joint collective society with six associations/societies

• The six associations/societies are• Writing• Cable TV (retransmission)• Blank Tapes (private copies)• AV Copies for education• Archive• Visual Art



Copydan Writing

Copydan Writing represents copyright owners of

books, periodicals, newspapers, magazines, trade

papers, and music. The designation covers authors,

journalists, composers, and illustrators, as well as

publishing houses and other publishing activities.



Copydan Writing

• Agreements with institutes of education, so that the institutes can legally copy excerpts from works for teaching purposes.

• Agreements with business corporations so that they can legally copy excerpts from works for internal use.

• Once a year, Writing settles the payment of remunerations to authors and publishers, individually and direct to the copyright owners whose works have been copied.



Copydan Cable TV

Copydan Cable TV represents audiovisual authors, artists and producers.Associated members of the board are KODA and UBOD (Union of Broadcasting Organizations regarding cable distribution in Denmark)



Copydan Cable TV

Berne Convention art. 11 bis

• Communication to the public of broadcasted

channels

• An organisation other than the original

Danish Copyright Act – section 35 and 50

• Retransmission – extended collective lic

In 2003 the Danish Copyright Act was changed

and in the preliminary work is was stated

that section 35 embraced both

retransmission by cable (wire) and wireless

(cable in the sky)



The board/mandates• Board decisions are consensus based• Member organisations represented in the

board negotiate on behalf of their individual members

• Member organisations must represent a substantial number of rights holders within their category

• Base line argument: Copydan licenses areas where mass use extends the possibility for individual management



Collective Society and Legal

framework



History - Extended collective license

• The ECL is a nordic legal construction dating back to the 1960’ies.

• Rooted in the trade-union movement• Good experience with collective

settlements between employers and employees > settlement extended to non-represented parties.

• Cultural tradition for collective organisation and consensus agreement.



How• Copydan as a CMO (Collective

Mandate Organisation) must represent a substantial number of rights holders of certain types of works which are used in Denmark

• Must be approved by the Danish Ministry of Culture

• Agreements are made between users and the CMO

• Extended Collective License gives users the right to exploit the works of both represented and non-represented rights holders (extension)Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

11


Why

• Simplifies administration• Not practically possible with

individual rights clearance in relation to mass use of works

• Rights holders have difficulties administering their individual rights in relation to mass use of works



Flow of mandates and payment

Publishers

Authors,journalists

etc.

Foreign countries

Education-/

Business

Literature,Sheet music

Other material

Newspapers

Journals, magazines

etc.

Rettigheder

Rights/man-datesWorks/

repertoirePayment

Approved by the ministry of culture as CMO



Orphan works - the Danish solution

• Using the so-called general extended collective license in the Danish Copyright Act § 50 subsection 2.



The story behind

• Media policy agreement 2007-2010• Establishing a committee on the

digitization of cultural heritage• Representatives from archives,

museums, libraries, DR and TV2• Rightsholders representatives• Sub group to identify the specific

copyright issues



The report from the copyright sub group

• the group focused on how to solve the orphan-works problem.

• The conclusion was that the solution an extended collective license was preferable.

• The copyright sub group proposed that the Ministry of Culture initiated an amendment to the Copyright Act in line with the above



Amendment to the Copyright Act. New provision in § 50 Subsection 2

• Users shall be able to enter into agreements with extended collective licensing effect with an organisation that represents a substantial number of rightsholders to certain types of works that are used in Denmark in the specific area of exploitation.

• The Ministry of Culture approves those rightsholder organisations

• Individual prohibition (opt-out).



Non-represented rightholders

• The Danish Copyright Act contains a special protection for non-represented right holders.

• The rules regarding distribution of renumeration to right holders who are represented by the organisation must also apply to unrepresented rightsholders.

• Non-represented rightsholders can claim individual renumeration.



Licensing



Licensing is based on statistical figures



Surveys

• Regular statistical surveys are conducted to determine how many copies have been made within each licensing area > volume > price pr. student/employee

• All licensing areas are as far as possible negotiated with a central counter part.



Distribution



• Distribution in 2008: 193 mill. kr.(25 mill. Euros) to app. 30.000 individual right holders – Danish and foreign

• Distribution in 2010: 243,5 mill. kr.(32,7 mill. Euros) to app. 15.000 Danish individual right holders and 25.000 foreign right holders

• App. 4 mill. Euros to journalists from all Copydan collective societies + ½ mill. E.

Distribution



Distribution

• Copydan Writing distributes individually

• Institutes of education and business corporations report at regular intervals what they have copied (extra copy) in what numbers

• Reportings form the basis for calculating individual payment (sampling system)



Licensing private companies



Licensing Corporations

• Legal Take-off-point• Copyright Act art. 14• Analogue copying and

print-outs• Internal use• Educational license is

also available for corporations



Licensing Corporations/ Strategy

• Central negotiations, survey and license agreement in cooperation with each trade organization, e.g. The Danish Insurance Association (DIA), Danish Lawyers Association

• All members are hereafter offered to enter the agreement on the central terms.



Strategy (top-down)

• Approach and contact corporations via trade organizations: top down campaign> motivation

• Substantiate the actual use of protected material in a certain line of business by conducting an electronic survey aimed at the individual employee.

• Survey results serves as background for negotiating a framework license with an average price per employee for the relevant line of business.



Copydan Writing and the practical administration of agreements with extended collective licensing effect.

• Individual distribution of remuneration

• Based on reporting from users• Subsequent ”due dilligence

search”• Remuneration is also distributed

to non-represented rightsholders and to foreign rightsholders



Introduction of ECL in other countries – cultural and other issues

• The Nordic legal tradition• The cultural tradition• A high level of

organizations• Exportability of the model?• Caution is suggested


Documents

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