Transcript Collective Management of Reprographic and Similar Rights

Key functions and operation of
RROs
Repronig International Seminar
Lagos September 17 2013
Hans- Petter Fuglerud
Deputy Excecutive Director, Kopinor
Kopinor – the Reproduction Rights
Organisation (RRO) of Norway
Founded in 1980
22 members (5 publishers’ and 17 authors’ organisations)
Staff of 22
License broadly; education, public administration,
business and industry, churches, bands
– Collection 2012: NOK 272 mill ($ 45 mill)
– Distribution 2012:NOK 245 mill ($ 41 mill)
–
–
–
–
Licensing and legal regimes
-Three models of operation
• Legal licenses
– non-voluntary/compulsory licensing system
• Voluntary licensing with legislative support
– extended collective license
– legal presumption
• Voluntary licensing
– based on mandates solely
– contracts with indemnity clauses
3
The Extended Collective License
Nonrepresented
§
Members
License
Rightsholders
Users
4
Mandates
• Mandated by member organisations
• The organisations are mandated by their
members via the By-Laws
• Kopinor is mandated internationally via
bilateral agreements with foreign RROs
• IFRRO – the Internatonal Federation of
Reproduction Rights Organisations
Establishing a rights portfolio
• Three options:
– Written power-of-attorneys from the individual
authors to its rights holder organisation or
directly to the RRO
– Mandates through the statutes of the
organisations and membership:
• Kopinor is mandated by the member organisations and their
members via the By-Laws and through representation in
decision making bodies
– Mandates by foreign rightsholders via bilateral
agreements with foreign RROs
6
Establishing a rights portfolio
• All relevant categories of rightsholders
– authors and publishers
– to text, visual material and music (printed)
• Encourage building and involvement of
strong and representative rightsholder
organisations
• Cooperation and consensus-building key
factors
7
Member organisations
Authors
LITERATURE
• The Norwegian Non-Fiction Writers’
and Translators’ Association
• Norwegian Authors’ Union
• Norwegian Association of Literary
Translators
• Norwegian Writers for Children
• Norwegian Playwrights’ Association
• Norwegian Comedy Writers’ Association
PRESS
• Norwegian Union of Journalists
• The Association of Norwegian Editors
• Norwegian Critics’ Association
MUSIC
• Norwegian Society of Composers
• NOPA - Norwegian Society of Composers
and Lyricists
• New Music Composers’ Group
VISUAL ARTS AND PHOTOGRAPHY
• GRAFILL - Norwegian Organisation for
Visual Communication
• The Association of Norwegian Visual
Artists
• The Norwegian Association of
Professional Photographers
• The Norwegian Association of Fine Arts
Photographers
• Norwegian Association for Arts and
Crafts
Member organisations
Publishers
•
The Norwegian Publishers’ Association
•
The Norwegian Music Publishers’ Association
•
Norwegian Media Businesses’ Association
•
The Norwegian Specialized Press Association
•
Norwegian Association of the Periodical Press
Aims and objectives
The objective of Kopinor is to secure the
economic and moral rights of authors and
other rightsholders through the management
of rights on a non-exclusive basis, where the
rightsholders find it appropriate.
A short history of Kopinor’s
licensing activities
• 1980 – Primary and secondary schools
» Ministry of Church and Education
• 1984 – The political parties
• 1986 – State administration
» Ministry of Administration
• 1986 – Universities and colleges
» Ministry of Culture and Science
• 1990 – The 435 municipalites and 19 counties
» Confederation of Municipalities
A short history of Kopinor’s
licensing activities
• 1992 – Several confederations in business,
industry and finance
• 1998 – The Church of Norway
» The Church of Norway’s Employer’s
Organisation
• 1998 – Universities and colleges
» Council of Universities and Colleges
• 2000 – The school sector and the
municipalities
» Confederation of Municipalities
Licensing today
•
•
•
•
•
The entire school system,
including private schools
All public and private universities
and colleges
National and local government
administrations and institutions
Church of Norway, other religious
communities
About 20,000 companies in the
private sector (est. 700,000
employees), through
– central or model agreements with
employers’ organisations, or
– individual licensing
Collections 2012
NOK 275,9 million =
$ 46 million
Administration cost: 11,6 %
Some 20 % of distributed fees sent abroad
200 mill.
100 mill.
198019811982198319841985198619871988198919901991199219931994199519961997199819992000200120022003200420052006200720082009201020112012
Contract partners – examples
• The Ministry of administration
– State administration
• The Norwegian Association of Local and
Regional Authorities (KS)
All municipalities, public primary and secondary schools
• The Norwegian Association of Higher Education
Institutions (UHR)
All public institutions
• The NHO – Confederation of Norwegian Enterprises
Membership of over 20 000 companies
• The Norwegian Band Federation
1,700 member bands with 69,000 members
The Licenses
• All published material (Extended Collective License)
– also internet
• Scanning and storage
• Download from internet or other sources
• Use in Learning Management Systems (Virtual
Learning Environments), interactive whiteboards etc.
• Printouts
• Projection
The Licenses
• Cover photocopying, print from all
published material and digital use –
domestic and foreign – also Internet
• For internal use only
• Not to substitute normal exploitation
Limitations of volume
•
•
•
•
•
15 % or one chapter of a book
2 articles from one scientific journal
No limitations on other periodicals
No limitation on websites
Limitations on sheet music
Statistical surveys
•
•
•
•
•
Included in all major agreements
Mutual obligation
Split payment Kopinor – licensee
Monitored by both parties
Provide data for collection and
distribution
Source and Type of Material


50 % to
Publishers
Author’s share:
 Non-fiction
text 70%
 Photo 20%
 Illustration
10%
Cross-referenced table
Collective Distribution Scheme National
• Each of Kopinors 21 member associations
represent all rightsholders in their field
– i.e. The Authors union represents all authors
• There is a publishers share and an authors
share inn all published works
• Each square in the cross-referenced table
may have at least one author´s- and one
publisher´s share
Collective Distribution Scheme National
• Negotiations between groups of
rigtsholders
• A separate Distribution Board
• Mediation
• Arbitration
• 10 years of hard work – 15 years of
peaceful consensus
Domestic distributions
Newspaper Magazine
publishers publishers
Specialized
press
publishers
Music publishers
Non-fiction witers
and translators
Book publishers
Journalists
Critics
Newspaper editors
Magazine editors
Fiction writers,
Lyricists translators,
playwrights
Composers
Craftsmen
Fine arts
Graphics and
Visual
artists
photographers
designers
Photographers
Digital breakthrough 2008/2009
• Schools and local
administration
–
OCTOBER,
2008
• Church of Norway
–
DECEMBER,
2008
• State administration
–
JANUARY,
2009
• National Library
–
MAY,
2009
• Universities and colleges
– JUNE, 2009
Bokhylla.no
(’Bookshelf’)
• The National Library is
making all Norwegian
books from the 19th
century available via the
Internet
• Totally 250,000 copyright
protected books
• Launched October 2012
National Librarian, Vigdis Moe Skarstein in front.
Back, from left: Anne Oterholm, Chair, The Norwegian
Authors’ Union; Trond Andreassen, Secretary General,
The Norwegian Non-Fiction Writers' and Translators'
Association; Yngve Slettholm, Kopinor and Arne
Magnus, Director of Aschehoug Publishing House.
Internationally
•
Bilateral
agreements
•
International
cooperation
•
Development
activities
Development activities
• When foreign works are copied, it is sometimes
impossible to identify their country of origin.
– In these cases, the remuneration claimed is deposited in
Kopinor’s Development Fund.
– From 2008, some of the funds are transferred to Norcode.
– Kopinor, TONO, GRAMO, Norwaco, Bono