Administration of remuneration for beneficiaries within the Danish Association of Cinematographers, DFF

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.

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.)

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 (none 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).

To distribute this amount individually to cinematographers, DFF receive information from a private company that register 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

TV-Fiction series - multiple camera, and documentary. 100 points

4. Reportage, actuality. 50 points

5. TV show multiple camera, sport, etc. 10 points

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

When allocating royalty to beneficiaries is also 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.

How much money does this system give our members.

It varies from year to year, but typically these 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. This category – minor amounts.

Example:-

Feature film - points 200 - length 90 min. = 200x90x0,30 = DKK 5.400

Last year the maximum amount paid to a DFF member was DKK 90.000. Typically members received between DKK 3.000 – DKK 30.000, yearly.

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 payment, which we shall not explain. We have given you the basic facts.

You must 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 50 years. (The family of deceased are right holders.)

The Blank tape levy (revenue) (read §39 / Consolidated Act on Copyright 2003) 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.

However DFF has (the last few years) yearly received roughly DKK 60.000 – 90.000.

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.

1/3 – roughly DKK 25.000 – is allocated to a "Common fund", for common 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., - 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 on a yearly basis. Many members receive money to cover theexpenditure of seminars, professional courses, work-shops and travel grants.

Furthermore DFF is a member of the none 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 copyright 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 Copy-Right matters, sometimes in conflict with other right- holders, but most often in agreement, since many issues are of mutual interest. Itis however very difficult to alter present legislation in favour of cinematographers, but we follow the matter closely.

Jan Weincke, President DFF Dirk Brüel,
Vice-President DFF

Andreas Fischer-Hansen, DFF
IMAGO President