1. Copydan is an umbrella organization made up of six collective societies that represent different types of copyright holders in Denmark. 2. One of the collective societies, Copydan Writing, represents authors, journalists, composers and publishers for works like books and periodicals. It licenses educational institutions and businesses to make copies of works. 3. Denmark uses an Extended Collective Licensing system that allows collective societies to license works on behalf of both represented and non-represented copyright holders, simplifying administration compared to individual clearances.

1. The Danish Union of Journalists Media & Communication

2. Lone Amtrup Senior Legal Advisor The Danish Union of Journalists Media & Communications Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

3. 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 Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

4. 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. Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

5. 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. Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

6. 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) Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

7. 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) Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

8. 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 Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

9. Collective Society and Legal framework Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

10. 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. Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

11. 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

12. 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 Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

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. Orphan works - the Danish solution Using the so-called general extended collective license in the Danish Copyright Act § 50 subsection 2. Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

15. 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 Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

16. 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 Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

17. 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). Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

18. 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. Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

19. Licensing Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

20. Licensing is based on statistical figures Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

21. 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. Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

22. Distribution Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

23. 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 Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

24. 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) Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

25. Licensing private companies Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

26. Licensing Corporations Legal Take-off-point Copyright Act art. 14 Analogue copying and print-outs Internal use Educational license is also available for corporations Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

27. 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. Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

28. 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. Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

29. 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 Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010

30. 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 Authors' Rights in the Digital Age: A Fair Deal for Journalists, EFJ, December 11th - 12th 2010