1. Licences for Europe WG 3: Audiovisual Presentation of a licensing structure: Copydan AV, Denmark Peter Schønning 18 April 2013

2. 2 The organization of Copydan AV Film, TV and record producers Broadcasters PerformersAuthors Copydan AV

3. 3 Copydan AV in key numbers Rights holders represented: approx. 60,000 Employees: 23 Remuneration collected in 2012: EUR 123 millions

4. 4 Membership of Copydan AV Copydan AV is a joint organization (or umbrella organization) representing the rights through the trade organizations, associations unions etc. No individual membership. Film producers (CAB) Danish Musicians Union The Danish Union of Journalists Danish Actors' Association Danish Film Directors Danish Writers Guild etc. (more than 30 members all in all) Copydan AV

5. 5 Membership (continued) Broadcasters and Koda (composers and music publishers) are not members. The board of Copydan AV consists of representatives of these rights holders organizations. A system of parity exists, i.e. the producers’ organizations have 50% of the votes, and the authors’ and performers’ organizations also have 50% of the votes. The board appoints the management. Major decisions are taken on the Annual General Meeting.

6. 6 Aggregation of rights in Copydan AV 1.Rights from member organizations: Rights of the individual rights holder are transferred non-exclusively to their trade organizations etc. through membership or specific agreements. The transfer of rights typically implies a broad mandate to licensing of mass use of audio-visual content (retransmission, on demand re- use of broadcasts by cable distributors, other public performance etc.). These rights are transferred to Copydan AV through the member organization’s membership in Copydan World TV or by a specific mandate. The mandates are non-exclusive and only concern rights that the rights holders have not transferred to somebody else.

7. 7 Aggregation of rights (continued) 2.Rights from broadcasters and Koda: Cooperation agreements with broadcasters (individually or through UBOD) regarding some kinds of usage Cooperation agreement with Koda (musical works). 3.Rights from foreign rights holders: Non-exclusive representation agreements with several European rights management organizations, in some cases through the trade organizations etc. 4.Extended collective licences: When Copydan AV is sufficiently representative, the licences are, by virtue of law, extended to cover also rights holders who are not directly represented. Opt-out clause (except for cable retransmission). Approval and control from the Danish Ministry of Culture.

8. 8 Copydan AV’s distribution of remuneration Copydan AV Member organizations Foreign sister societies Individual rights holders

9. 9 Copydan AV’s licensing Licensing of use of TV content: 1.In some cases Copydan AV also represents the broadcaster: Copydan AV licenses all necessary rights to the user. 2.In some cases Copydan AV does not represent the broadcaster: If the broadcaster has acquired all the rights necessary: no involvement by Copydan AV If the TV producer has acquired all the rights necessary from authors and performers but has not transferred all these rights to the broadcaster: Copydan AV licenses the producer’s rights If the TV producer has not acquired all the rights necessary from authors and performers Copydan AV licenses all residual rights.

10. 10 Copydan AV’s licensing agreements Examples: Cable retransmission (the traditional licensing field) Bonanza (programme archive) Start Over service Libraries

11. 11 Bonanza (programme archive) Denmark’s Radio (DR): 473,000 hours of radio, 69,000 hours of TV and 28,000 hours of TV movies (in 2005) Agreement in 2007 covering the rights DR did not already have acquired; all categories of rights holders Programmes broadcast before 1 January 2007 General hold-back period of 6 years Archive is available on DR’s website and cultural heritage portal (www.danskkulturarv.dk) Number of visitors until now: over 30 millions

12. 12 Start Over service The service which implies that the end-user in a cable network etc. can restart any TV programme (except live sport) until the programme in the flow channel has ended. This means that if you are late to watch a TV programme you can re-start it and watch it from the beginning. In legal terms this catch-up service is an on-demand service but it is an accessory to the cable retransmission. Reflects new end-user demands, new technological functionalities. Licensing agreements with several cable TV distributors (including the major distributor on the market, TDC/YouSee). 1/3 use it a lot. 1/3 use it a little. 1/3 do not use it.

13. 13 Libraries Agreement with the association of libraries reflecting the needs of the user. Bundling of rights to different kinds of usages: o Showing of live TV broadcasts at public libraries o Background music o Time-shift showing of DR broadcasts o Streaming of commercials

14. 14 Thank you! Peter Schønning ps@ophavsretsadvokaten.dk Tel +45 25 322 333