1. Diverse demand - New media
With fast developments and new media in the arts, customers are asking for more effective and transparent means to license the use. Harpa, the legal consultant for Myndstef, will go briefly through various tools and ways that Myndstef has been trying out – with different results.
Nordic Copyright Conference in Oslo, November 2016
Nordic Copyright converence

2. Usage in films/TV/advertise
Usage in films/TV/advertise
possible issues:
Art work situated outside or in a public space
Main motif/highlight/part of the background/POW/important part of set design
Professional use/marketing purposes/commercial use
Pictorical form/reproduction/depict/other use or form?
Calculation of fees
Before film is finished
Depending on distribution
Depending on the nature of the film (TV, feature, short, documentary, advertise)
Depending on commercial use, funding, production value etc...
Streaming, TV rentals, broadcasting, cinema, film festivals etc...
Transparent and fair rates
Nordic Copyright Conference in Oslo, November 2016

3. Usage of art work in public spaces
Organisation
Conditions
limitations
Fee calculation
Tarrifs
BUS
That the work is not incidental/part of the background
Free to repsoduse in pictorial form (only 2D)
Depends on the distribution
Min 1050 per work used
BONO
the artwork is clearly the main motif and the reproduction is exploited commercially
Everyone can depict artworks in public spaces for free unless the artwork is clearly the main motif and the reproduction is exploited commercially (my underlines)
we take into account the extent of use; hereby how many artworks being used, frequency etc. When producers ask for a license before the film is done, we always give a principle license. We have to go through the production/see the film before we can give an accurate offer.
See enclosed tarriffs
Kuvesto
The artwork is the main motif ?
One flat tarriff, based on broadcasting + on demand streaming for 30 days. All further usage is subject to negotiation
Amount of works € / per work
1-5 78,13 €
,10 €
over 25 39,06 €
Copydan
Unless the art work is the chief motive and the reproduction is used for professional purposes. Typically use in a film would be considered a professional use. However typically the work would not be chief motive, e.g. if it appears only as part of the setting or location. If the work is more actively used or filmed up close permission is required.
a work of art permanently located in an outdoor public space, may be reproduced without obtaining permission from the rightsholder, unless the art work is the chief motive and the reproduction is used for professional purposes.
Unlimited use, but according to film or TV
Unlimited use: 4100 DKK
Only useage in local broadcasting : 1100 DKK
Myndstef
The principle motif and use for “marketing purposes”
Photographs of art work can be reproduced without obtaining a license.
The fee is considered regarding each usage, distribution, broadcasting etc
Minimum fee:
12.691
USAGE in films, videos – audiovisial works
OCTOBER 2016
Nordic Copyright Conference in Oslo, November 2016

4. Usage on internet sarpur.is
Usage on internet
sarpur.is
The Icelandic online platform for Icelandic heritage of art and culture
Issues:
works/content still in copyright?
A work of art?
Have works been registered fully?
Is the information even there?
Rightholders are the oganisations themselves in some cases?
Solution:
An ECL which covers all use, with estimated annual fee that will be paid by the government, only covering the state culture organisations, but will set an example for the municipally ones as well.
Transparent and fair rates
Nordic Copyright Conference in Oslo, November 2016

5. Tourist usage – usage on postcards, calendars, posters…
Tourist usage – usage on postcards, calendars, posters…
possible issues:
Nature is ”free” – art not....
We need to adjust to market value
Merchandise, with no high artistic value
solutions
Percentage of sales
Personal busniess client relationship
Transparent and fair rates
Nordic Copyright Conference in Oslo, November 2016

6. Harpa Fönn Sigurjónsdóttir
Takk fyrir!
Harpa Fönn Sigurjónsdóttir
lögfræðingur
Myndstef
MYNDSTEF – Hafnarstræti – Reykjavík – –