Bildkonst Upphovsrätt i Sverige Developing Management of Rights in Visual Works - What are the pre- requisites? 9/ Harare

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Pre-requisites Market Artists organized Legal situation Society attitude

Visual material o Fine art o Photography o Illustration o Craft and applied art o Design o Architecture o Prints o (Charts, maps)

Structure visual Four main categories of visual creators with similar interests in collective administration Fine artistsIllustrators Crafts personsPhotograpers Primary rightsSecondary rights

Primary Markets Publishing and Media Book publishing (illustrators, photographers) Newspapers (photographers) Magazines (photographers) Advertising, information (photographers) Galleries, museums, commissions (fine artists) Design industry (craftsmen, designers) Broadcasting (fine artists, photographers)

Secondary Markets Publishing and Media reuse Book publishing, Newspapers, Magazines Broadcasting, Play services Cable-tv, Webbcasting, Streaming Museums, Libraries, Archives (digitalization) Education and research and development Auctions and resale of fine art

Organized visual creators Visual authors’ organizations Photographers associations Journalists unions Visual art associations/clubs Illustrators associations Craftmens associations/cooperatives State support toward organizations Seed money or yearly contributions Negotiations and conditions when works are used Legislation and rights Discuss and support good development

Legal Primary rights (is also secondary) Reproduction rights – exemptions and limitations Broadcasting rights – exemptions and limitations Communcation to the public Secondary rights Reprography and digital uses Cable TV, Start over, Internet services Compensation systems Private copy levy Artist Resale Rights – Droit de suite Public lending rights Renumeration right for showing of works in public spaces

Society State cultural policy on authors Authors rights Cultural founding and primary market Authors position in negotiations Promotion of collective administration The consumers attitude towards authors The users contracts The role of the organizations

Collective management Based on a transfer of individual rights Direct mandate Author Collecting society, CMO Indirect mandate AuthorAssociationCMO National living artists and estates through an agreement. National CMO conclude bilateral agreement with foreign CMO’s

Licensing Develop tariff system for the most common uses. Through negotiations, normal on the market, look at similar organizations abroad. Authorize use by simple authorization and by agreements with main user groups (newspapers, magazines, museums, broacasters...) Monitor use and control Distribution according to use

Co-ordinate Mandate from all categories of visual authors Work in co-operation with other CMO’s, performers and publishers/producers. Cable tv with CISAC societies, perfomers, producers and broadcasters Reprography and internet uses in education and internal information in companies etc with RRO societies Private copy levy systems depending on the law (beneficiaries)

BUS as an example  Formed 1989 as an Economical association - Not for profit  Democratic ”one member – one vote” principle, Board of directors of 7 artists and 1 representing deceased artists  There was a legal framework, but undeveloped  There was a support, but not from all

BUS purpose  Collect and distribute remunerations to members and right holders (individuals)  Give service to markets, make it easy to legally use art works  Market control  Legal assistance for artists  Foster a artists friendly legislation

Main activities  Reproductions  Resale Right - Droit de suite  Individual Remuneration for works in public spaces (cultural compensation system)  Photocopying remuneration and Individual distribution  Cable TV  Private copy (levy)

BUS at work  Visual authors secondary markets, collect & distribute  Give the artist’s views to legislator  Give advice on copyright matters  Information to institutions and the trade  Give answers to hearings etc.  Platform for collection and distribution of remuneration which can be used for new rights and new situations

Reproductions  Prints; newspapers, magazines, books, cards, posters and other printed material  Television and film  Digital reproductions (dvd, cd)  Scanning

Internet/Intranet Right of communication, communication to the public Nationally museums, archives, foundations, communes, state bodies and others with art collections Agreements (collections – illustrations) Internationally connected to OnLineArt; system of one tariff, one centralized report system. Every national society is an agent for OnLineArt

Resale Right (droit de suite)  Right to remuneration when works of art, applied art and photographs are resold  Original and copies which are authorized by the author  5 % of sales price up to a sale of Euro, then according to declining scale  Minimum sales price of approximately 2100 SEK  Non professional sales are excluded, few times and/or works  Buildings are excluded  Can only be collected through an organization of authors

Resale Right - Droit de suite Collected

Remuneration for works in public spaces  Compensation system through the state cultural budget, not part of copyright legislation  Based on limitation of the rights in the copyright legislation - Works which has been sold (transfer of ownership of the physical work) can be shown to the public without any limitation  Compensation in the same “style” as compensation for public lending or performance of music (industry music)  Individual remuneration, through a system developed by BUS, to the author who has work in public places or work which are owned by public authorities  Payment decided by a point system based on original value and also where the work is situated (only on commissioned works)  Appr. 35 Mkr 2012, applications and nearly 3600 receivers which gets from 500 to SEK each depending on points  Paid out annually, stable and can be counted on

Remuneration for works in public spaces, collected & distributed

Cable TV, Private copying Copyswede Cable TV visual authors 4-5 % of authors and performers share (36 %) Individual payment from Copyswede Private copying visual authors less then 1 % Individual payment from Copyswede Growing internet uses Start over, achieves, OTT, on demand services

Reprography and Individual Distribution (IR)  BONUS Presskopia, Joint society, RRO  IR paid for copying in education and for internal information in companies, 10 MSEK distributed 2012  Art, illustrations, photos and applied art  The possibility to be copied is the basis to receive the remuneration  Point system based on numbers of pictures published in each book, magazine, newspaper  Extended collective license system  Webbsystem for application integrated with administration

International BUS is a member of CISAC Ifrro EVAwww.evartists.orgwww.evartists.org OnLineArtwww.onlineart.infowww.onlineart.info International Authors Forum

Visual Artists Rights in Sweden An organization for all visual authors on the secondary markets established spring 2008 Assemblies all visual authors in Sweden through their organizations (Artists, Illustrators, Photographers, Craftsmen) Develop strategies, be “heard and seen” and develop practical collection & distribution Broadcasting, Cable-tv, Intranet and Internet, Libraries, Power Point presentations, Mass uses of visual material, Reprography 5 of 8 organizations have moved together Develop administrative systems and rational services to members organizations (accounting, registries, administration)

Society work Cultural Creators Amendments to Authors rights legislation Piracy issues and development of new models Authors rights legislation ECL system Libraries, Orphan Works, digitalization of cultural heritage Use for internal information purpose New use of TV content, start over, catch-up, Video On Demand etc New technical equipment/methods in education (intranet, boards etc)

Society work Defend the authors right system as such both towards “new” attitudes from the public and from aggressive buy out contracts from users Assemble all categories of Authors (and Performers) nationally Voice authors views internationally through IAF Meet attitudes on the Internet Explore new models for use and payment to the authors Defend creativity New user groups – service providers, technology companies Tackle the digital agenda/use (user friendly) New models for use of works on the Internet Argue for the right to Private copying and compensation systems – gives freedom and legality Don’t be the enemy of the future or use of technologies

Growth of members

Collections, in total

Total collection, distribution & administrative costs

Contact Mats Lindberg, Managing director BUS