The Danish Model: CC & KODA

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By: Henrik Moltke
Presentation at CCi Legal Day 2008 in Sapporo, Japan

http://wiki.creativecommons.org/CCi_Legal_Day_2008

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The Danish Model: CC & KODA

  1. 1. THE DANISH MODEL • KODA administers public performance rights for 30k Danish composers, songwriters and music publishers + reciprocal contracts with foreign sister societies. • KODA payments represent about 30-40% of an established, young artists’ income. * • KODA works; tightly knit, accepted, unrivaled. • Broadcast and cable represent about 75% of KODAs income. • CC irrelevant without KODA’s support • For CC, KODA helps gain trust from artists • KODA wants to appear dynamic & up-to-date, get goodwill from artists * Mikael Simpson - http://www.mikaelsimpson.dk/
  2. 2. THE DANISH MODEL • KODA members (and all rights holders) must read and sign an agreement prior to using the CC license engine. • NC only. NC to be interpreted following CC guidelines specific to the KODA trial. • Broadcasters (except non-profit local radio with zero ad revenue) are commercial. • No ads. • KODA touts irrevocability, potential errors, administrative / practical inability to collect / enforce licenses; “The license is eternal and KODA cannot start collecting towards non-commercial use in the future since waiving the agreement would be without effect.”
  3. 3. • The fine print: CC DK GUIDELINES for interpretation of “non- commercial” by DR.THOMAS RIIS, Copenhagen Business School (Legal Project Lead) • “Non-Commercial user” is • 1. An individual • 2. A non-profit educational institution or a public library • 3. A non-profit organisation, institution charitable organisation etc. • ISPs, copyshops and other service providers acting on behalf of a “Non- Commercial user” --> non-commercial • Advertising etc. • a: if work is used in connection with advertising, sponsorship or promotion of third party products or services --> commercial • b: If a webpage contains “click through” ads etc. in order get access to CC content --> commercial
  4. 4. • “Remuneration as a condition of use” • a) services • - If a consideration in money or money’s worth is received for a service provided in connection with a Creative Commons licensed work --> commercial • - If a remuneration is received for a service provided (e.g. by a copy shop) on behalf of a user and this service is of limited significance and subsidiary to the use of the licensed work (e.g. a compendium for a course at an educational institution) --> non-commercial • b:) concerning works • - if money / other value is exchanged in connection to the use of the CC- licensed work --> commercial • If a Creative Commons licensed work is used in connection with a request for voluntary contributions (donations, supporting membership or the like) for the benefit of an individual, an educational institution or a non-profit organisation -->Non-Commercial.
  5. 5. Download the guidelines: http://creativecommons.dk/NC_KODA.pdf

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