Authors Rights Denmark

DENMARK

Administration of remuneration for beneficiaries within the
Danish Association of Cinematographers, DFF.
Co-Autor Issue

Copy-Dan is the Danish collecting society established by authors, performers, publishers and producers on the basis of Danish law. The organisation manages copyrights on behalf of both Danish and foreign copyright owners. The organisation collects remuneration on the basis of the Danish Consolidated Act on Copyright, for the use of protected works.
(Consolidated Act on Copyright 2006 -No. 763 of June 30, 2006).
DFF is a member of the collecting society Copy-Dan, since 1992.
Concerning royalties for cinematographers, - these are collected in three specific copyright areas:

1. Secondary distribution, Cable - TV distribution. (Copy-Dan Cable TV collects fees from owners of about 6,500 shared antenna facilities in Denmark. A shared antenna facility receives television signals from the same antenna, satellite dish or cable.) Concerns specific Danish TV stations.
2. Blank tape levy. (Copy-Dan Blank Tapes collects and distributes remuneration relating to blank media, i.e. unrecorded media for pictures and/or sound.)
3. AV Copies for Education. (Copy-Dan AV Copies for Education enters into agreement with schools and other educational institutions concerning the copying of radio and television programmes for educational purposes and distributes the revenue received to the
copyright owners’ organisations.)

The Cable-TV remuneration is by far the most important for Danish cinematographers. This is distributed individually to beneficiaries! The distribution is administrated by the DFF Board. This is very complicated, and in fact a great work for the Board. Royalty is allocated to beneficiaries once every year.
Royalty is allocated exclusively to freelance cinematographers; this also includes cinematographers who are not members of DFF. These cinematographers (non members of DFF) receive remuneration through The Danish Film and TV Worker’s Union (FAF) and two other unions organising freelance TV-video photographers.
A certain percentage of this levy (in fact only ca. 0,5% of the total amount for all beneficiaries, producers and international right-holders receive by far the largest amount) is paid out to DFF once a year for individual distribution. Yearly this has been roughly DKK 450.000 / 500.000 ( = ca. EUR 60.000 – 67.000. We shall below give all figures in
DKK, the exchange rate DKK / EUR – is 7,5).
For distributing this amount individually to cinematographers, DFF receive information from a private company that registers all TV distribution in Denmark, naming right holders. With this information the DFF can distribute remuneration to beneficiaries / cinematographers who are DFF members.
DFF has worked out a distribution “key” to differentiate amounts paid out, taking into consideration the size and scope of the production and thus the creative input of the cinematographer.
So we have the following categories to take into consideration, a “value point” system:

1. Feature films____________ 200 points
2. TV-Fiction series - 1 camera,
and short fiction____________ 150 points
3. TV-Fiction series - multiple camera,
and documentary____________ 100 points
4. Reportage, actuality_________ 50 points
5. TV – entertainment_________ 25 points
6. TV show multiple camera,
Studio/OB - sport, etc.____________ 10 points

Each point is valued at ca. DKK 0,30.

Allocating royalty to beneficiaries is taken into account the length of production and of course the sum available from Copy-Dan the actual year. Furthermore is taken into consideration re-transmission of a film or program, within 30 days this releases 50% of the first transmission payment, and 100% after 30 days.
As you can gather, - all this is fairly complicated, and a great work for the person(s) on our Board who are responsible for administration and allocating of rights-money.
How much money does this system give our members?
It varies from year to year, but typical amounts (the last few years) paid to our members are as follows:
1. Feature film - DKK 5.000 – 6.000 (depending on
length)
2. TV-series, and short fiction - DKK 1.000 – 1.500 (depending on
length)
3. TV-series multiple camera,
documentary – DKK 500 – 1.500 (depending on
length)
4. – 5. – 6. Categories – minor amounts.

Example:
Feature film - points 200 - length 90 min. = 200x90x0,30 = DKK 5.400 (EUR 720)
Last year the maximum amount paid to a DFF member was DKK 80.000 (EUR 10.600). Typically members received between DKK 3.000 – DKK 30.000, yearly. (EUR 400 – 4.000.)

Some members, of course, received nothing. Since the productions they have worked on, have not been distributed through “secondary” TV distribution.
There are some minor details which complicates the remuneration, upon this we shall not elaborate. We have given you the basic facts.
You should furthermore understand that all right holders receive royalties from all productions from all earlier years, even though DFF first became a member of Copy-Dan in 1992. The copyright law secures rights for 70 years. (The family of deceased is right holder.)
The Blank tape levy (revenue) has decreased drastically within the last years, due to the decreased VHS tape and audio tape sales. (Some years ago the amount received on blank tape levy was very important.)
Presently Copy-Dan and its members are working for legislation that should compensate for this decrease. (Hard ware and new consumer distribution formats.)
However DFF has (the last few years) yearly received roughly DKK 60.000 – 90.000. (EUR 8.000-12.000), 2/3 of this amount is for individual distribution to DFF beneficiaries, and can be added to the Cable-TV revenue, explained above, i.e. roughly DKK 50.000. (EUR 6.666), 1/3 – roughly DKK 25.000 (EUR 3.333) is allocated to a “Common fund”,
for mutual purposes - for cultural purposes. Royalty available in this fund can be released upon individual application, not only from professionals working in film, but all persons working in cultural work, actors, musicians etc.,- i.e. members of Copy-Dan, (Consolidated Act on Copyright - § 39 (4)).

The revenue from AV Copies for Education is not for individual distribution, but placed in a fund, administrated by DFF and The Film and TV Worker’s Union (FAF). Only cinematographers that are members of either organisation can apply for financial support from this fond.
Revenue from both organisations in this mutual funding for its members is roughly DKK 100.000 – 150.000 (EUR 13,333 – 20.000) on a yearly basis. Many members receive money to cover the expenditure of seminars, professional courses, work-shops and travel grants.
DFF is a member of the non profit organisation – “Consultative Intellectual Property Rights Bureau” (Samrådet for Ophavsret). This organisation is our forum for discussions with other right-holders, to insure that its members are in dialogue with politicians concerning intellectual property rights legislation. Lately this bureau has been very active, due to implementation of EU legislation on a national level. Furthermore copyright issues
concerning contracts with producers are monitored.
We work actively in intellectual property matters, sometimes in conflict with other right-holders, but most often in agreement, since many issues are of mutual interest.
It is however very difficult to alter present legislation in favour of cinematographers, but we follow the matter closely .

Relevant up-date:

Part of the Danish government’s Media Agreement from 2007 was to digitise productions made by DR (Danish Broadcasting) - or others screened on Danish television before 1/1-2007. An agreement was reached with DR and the various author organisations in late 2007. Hereby DR was permitted to provide the before mentioned material in a streamed version on demand from users. Hereby the users are granted a possibility to use all or a part of the material, but the material cannot be copied.
The above-mentioned agreement do not alter already existing individual agreements connected with productions shown before 1/1-2007, meaning that permission to use material may still need a specific permission from the authors.
In this connection a new branch with Copy-Dan was established, “Copy-Dan Archive”. This branch is responsible for the collection of the remuneration agreed to be paid for the use of the material. Until 2014 a minor amount is to be paid and per 2014 DKK 22 millions (EUR 3 millions) are to be paid and distributed to the various author organisations. (DFF is a
member of this org.)
Further to the above-mentioned a new agreement has been reached with DR whereby they are permitted to show material shown before 1/1-2007 on 2 new digital channels as per 1. November 2009, DR Ramasjang (children’s channel) and DR K (cultural/historical channel). DR is to pay remuneration to Copy-Dan Archive for each programme that they use, however the remuneration is less than for normal re-transmission. (The 50% / 100% – as explained above.) (The consideration for the permission (license) of the above-mentioned is that such a usage is new; if permission had not been granted, the new
channels would not have been established, and no remuneration would have been obtained. Part of the agreement is thus that this secondary usage shall not diminish DR's production of new programs.)

pdf files:

Pdf Collective Agreement
Pdf DFF Contract - Denmark