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The Danish Union of Journalists Media & Communication
<ul><li>Lone Amtrup </li></ul><ul><li>Senior Legal Advisor </li></ul><ul><li>The Danish Union of Journalists </li></ul><ul...
Collective Society <ul><li>Copydan is an umbrella organization – a joint collective society with six associations/societie...
Copydan Writing <ul><li>Copydan Writing represents copyright owners of  </li></ul><ul><li>books, periodicals, newspapers, ...
Copydan Writing <ul><li>Agreements with institutes of education, so that the institutes can legally copy excerpts from wor...
Copydan Cable TV <ul><li>Copydan Cable TV represents audiovisual authors, artists and producers. </li></ul><ul><li>Associa...
Copydan Cable TV <ul><li>Berne Convention art. 11 bis </li></ul><ul><li>Communication to the public of broadcasted channel...
The board/mandates <ul><li>Board decisions are consensus based </li></ul><ul><li>Member organisations represented in the b...
Collective Society  and  Legal  framework Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 1...
History - Extended   collective   license <ul><li>The ECL is a nordic legal construction dating back to the 1960’ies. </li...
How <ul><li>Copydan as a CMO (Collective Mandate Organisation) must represent a  substantial  number of rights holders of ...
Why <ul><li>Simplifies administration </li></ul><ul><li>Not practically possible with individual rights clearance in relat...
Flow of mandates and payment Publishers Authors, journalists etc. Foreign  countries Education- / Business Literature, She...
Orphan works - the Danish solution <ul><li>Using the so-called general extended  collective license in the Danish Copyrigh...
The story behind <ul><li>Media policy agreement 2007-2010 </li></ul><ul><li>Establishing a committee on the digitization o...
The report from the  copyright sub group <ul><li>the group focused on how to solve the orphan-works problem. </li></ul><ul...
Amendment to the Copyright Act. New provision in § 50 Subsection 2 <ul><li>Users shall be able to enter into agreements wi...
Non-represented rightholders <ul><li>The Danish Copyright Act contains a special protection for non-represented right hold...
Licensing Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
Licensing is based on statistical figures Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 1...
Surveys <ul><li>Regular statistical surveys are conducted to determine how many copies have been made within each licensin...
Distribution Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
<ul><li>Distribution in 2008: 193 mill. kr. </li></ul><ul><li>(25 mill. Euros) to app. 30.000 individual right holders – D...
Distribution <ul><li>Copydan Writing distributes individually </li></ul><ul><li>Institutes of education and business corpo...
Licensing private companies Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
Licensing  Corporations <ul><li>Legal  Take-off-point </li></ul><ul><ul><li>Copyright Act art. 14 </li></ul></ul><ul><ul><...
Licensing  Corporations/  Strategy <ul><li>Central  negotiations ,  survey  and  license  agreement  in  cooperation   wit...
Strategy (top-down) <ul><li>Approach and  contact   corporations  via  trade   organizations : top  down   campaign > moti...
Copydan Writing and the practical administration of agreements with extended collective licensing effect.  <ul><li>Individ...
Introduction of ECL in other countries – cultural and other issues <ul><li>The Nordic legal tradition </li></ul><ul><li>Th...
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Lone Amtrup

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Collecting Societies, the Danish Model

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  • Transcript of "Lone Amtrup "

    1. 1. The Danish Union of Journalists Media & Communication
    2. 2. <ul><li>Lone Amtrup </li></ul><ul><li>Senior Legal Advisor </li></ul><ul><li>The Danish Union of Journalists </li></ul><ul><li>Media & Communications </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    3. 3. Collective Society <ul><li>Copydan is an umbrella organization – a joint collective society with six associations/societies </li></ul><ul><li>The six associations/societies are </li></ul><ul><ul><li>Writing </li></ul></ul><ul><ul><li>Cable TV (retransmission) </li></ul></ul><ul><ul><li>Blank Tapes (private copies) </li></ul></ul><ul><ul><li>AV Copies for education </li></ul></ul><ul><ul><li>Archive </li></ul></ul><ul><ul><li>Visual Art </li></ul></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    4. 4. Copydan Writing <ul><li>Copydan Writing represents copyright owners of </li></ul><ul><li>books, periodicals, newspapers, magazines, trade </li></ul><ul><li>papers, and music. The designation covers authors, </li></ul><ul><li>journalists, composers, and illustrators, as well as </li></ul><ul><li>publishing houses and other publishing activities. </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    5. 5. Copydan Writing <ul><li>Agreements with institutes of education, so that the institutes can legally copy excerpts from works for teaching purposes. </li></ul><ul><li>Agreements with business corporations so that they can legally copy excerpts from works for internal use. </li></ul><ul><li>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. </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    6. 6. Copydan Cable TV <ul><li>Copydan Cable TV represents audiovisual authors, artists and producers. </li></ul><ul><li>Associated members of the board are KODA and UBOD (Union of Broadcasting Organizations regarding cable distribution in Denmark) </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    7. 7. Copydan Cable TV <ul><li>Berne Convention art. 11 bis </li></ul><ul><li>Communication to the public of broadcasted channels </li></ul><ul><li>An organisation other than the original </li></ul><ul><li>Danish Copyright Act – section 35 and 50 </li></ul><ul><li>Retransmission – extended collective lic </li></ul><ul><li>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) </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    8. 8. The board/mandates <ul><li>Board decisions are consensus based </li></ul><ul><li>Member organisations represented in the board negotiate on behalf of their individual members </li></ul><ul><li>Member organisations must represent a substantial number of rights holders within their category </li></ul><ul><li>Base line argument: Copydan licenses areas where mass use extends the possibility for individual management </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    9. 9. Collective Society and Legal framework Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    10. 10. History - Extended collective license <ul><li>The ECL is a nordic legal construction dating back to the 1960’ies. </li></ul><ul><li>Rooted in the trade-union movement </li></ul><ul><li>Good experience with collective settlements between employers and employees > settlement extended to non-represented parties. </li></ul><ul><li>Cultural tradition for collective organisation and consensus agreement. </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    11. 11. How <ul><li>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 </li></ul><ul><li>Must be approved by the Danish Ministry of Culture </li></ul><ul><li>Agreements are made between users and the CMO </li></ul><ul><li>Extended Collective License gives users the right to exploit the works of both represented and non-represented rights holders ( extension ) </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    12. 12. Why <ul><li>Simplifies administration </li></ul><ul><li>Not practically possible with individual rights clearance in relation to mass use of works </li></ul><ul><li>Rights holders have difficulties administering their individual rights in relation to mass use of works </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    13. 13. 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-dates Works/ repertoire Payment Approved by the ministry of culture as CMO Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    14. 14. Orphan works - the Danish solution <ul><li>Using the so-called general extended collective license in the Danish Copyright Act § 50 subsection 2. </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    15. 15. The story behind <ul><li>Media policy agreement 2007-2010 </li></ul><ul><li>Establishing a committee on the digitization of cultural heritage </li></ul><ul><li>Representatives from archives, museums, libraries, DR and TV2 </li></ul><ul><li>Rightsholders representatives </li></ul><ul><li>Sub group to identify the specific copyright issues </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    16. 16. The report from the copyright sub group <ul><li>the group focused on how to solve the orphan-works problem. </li></ul><ul><li>The conclusion was that the solution an extended collective license was preferable. </li></ul><ul><li>The copyright sub group proposed that the Ministry of Culture initiated an amendment to the Copyright Act in line with the above </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    17. 17. Amendment to the Copyright Act. New provision in § 50 Subsection 2 <ul><li>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. </li></ul><ul><li>The Ministry of Culture approves those rightsholder organisations </li></ul><ul><li>Individual prohibition (opt-out). </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    18. 18. Non-represented rightholders <ul><li>The Danish Copyright Act contains a special protection for non-represented right holders. </li></ul><ul><li>The rules regarding distribution of renumeration to right holders who are represented by the organisation must also apply to unrepresented rightsholders. </li></ul><ul><li>Non-represented rightsholders can claim individual renumeration. </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    19. 19. Licensing Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    20. 20. Licensing is based on statistical figures Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    21. 21. Surveys <ul><li>Regular statistical surveys are conducted to determine how many copies have been made within each licensing area > volume > price pr. student/employee </li></ul><ul><li>All licensing areas are as far as possible negotiated with a central counter part. </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    22. 22. Distribution Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    23. 23. <ul><li>Distribution in 2008: 193 mill. kr. </li></ul><ul><li>(25 mill. Euros) to app. 30.000 individual right holders – Danish and foreign </li></ul><ul><li>Distribution in 2010: 243,5 mill. kr. </li></ul><ul><li>(32,7 mill. Euros) to app. 15.000 Danish individual right holders and 25.000 foreign right holders </li></ul><ul><li>App. 4 mill. Euros to journalists from all Copydan collective societies + ½ mill. E. </li></ul>Distribution Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    24. 24. Distribution <ul><li>Copydan Writing distributes individually </li></ul><ul><li>Institutes of education and business corporations report at regular intervals what they have copied (extra copy) in what numbers </li></ul><ul><li>Reportings form the basis for calculating individual payment (sampling system) </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    25. 25. Licensing private companies Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    26. 26. Licensing Corporations <ul><li>Legal Take-off-point </li></ul><ul><ul><li>Copyright Act art. 14 </li></ul></ul><ul><ul><li>Analogue copying and print-outs </li></ul></ul><ul><ul><li>Internal use </li></ul></ul><ul><ul><li>Educational license is also available for corporations </li></ul></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    27. 27. Licensing Corporations/ Strategy <ul><li>Central negotiations , survey and license agreement in cooperation with each trade organization , e.g. The Danish Insurance Association (DIA), Danish Lawyers Association </li></ul><ul><li>All members are hereafter offered to enter the agreement on the central terms. </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    28. 28. Strategy (top-down) <ul><li>Approach and contact corporations via trade organizations : top down campaign > motivation </li></ul><ul><li>Substantiate the actual use of protected material in a certain line of business by conducting an electronic survey aimed at the individual employee . </li></ul><ul><li>Survey results serves as background for negotiating a framework license with an average price per employee for the relevant line of business. </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    29. 29. Copydan Writing and the practical administration of agreements with extended collective licensing effect. <ul><li>Individual distribution of remuneration </li></ul><ul><li>Based on reporting from users </li></ul><ul><li>Subsequent ”due dilligence search” </li></ul><ul><li>Remuneration is also distributed to non-represented rightsholders and to foreign rightsholders </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
    30. 30. Introduction of ECL in other countries – cultural and other issues <ul><li>The Nordic legal tradition </li></ul><ul><li>The cultural tradition </li></ul><ul><li>A high level of organizations </li></ul><ul><li>Exportability of the model? </li></ul><ul><li>Caution is suggested </li></ul>Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010
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