Key functions and operation of RROs - PowerPoint Presentation

Slide1

Key functions and operation of RROs

Repronig

International Seminar

Lagos September 17 2013

Hans-

Petter

Fuglerud

Deputy

Excecutive

Director,

KopinorSlide2

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)Slide3

Licensing and legal regimes -Three models of operation

Legal licenses

non-voluntary/compulsory licensing systemVoluntary licensing with legislative support

extended collective license

legal presumption

Voluntary licensingbased on mandates solelycontracts with indemnity clauses

3Slide4

4

The

Extended Collective License

Non-

represented

Members

License

Rights-holders

Users

§Slide5

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 OrganisationsSlide6

Establishing a rights portfolio

Three options:

Written power-of-attorneys from the individual authors to its rights holder organisation or directly to the RROMandates through the statutes of the organisations

and membership:

Kopinor is m

andated by the member

organisations

and

their

members via the By-Laws and

through representation in decision making bodiesMandates by foreign

rightsholders via bilateral agreements with foreign RROs

6Slide7

Establishing a rights portfolio

All relevant categories of

rightsholdersauthors and publishersto text, visual material and music (printed)Encourage building and involvement of strong and representative

rightsholder

organisations Cooperation and consensus-building key factors

7Slide8

Member organisations

Authors

LITERATURE

The Norwegian Non-Fiction

Writers’

and

Translators’

Association

Norwegian

Authors’

Union

Norwegian Association of Literary Translators

Norwegian Writers for ChildrenNorwegian Playwrights’ AssociationNorwegian Comedy Writers’ Association

PRESSNorwegian Union of Journalists

The Association of Norwegian EditorsNorwegian

Critics’ Association

MUSIC

Norwegian Society of ComposersNOPA - Norwegian Society of Composers and LyricistsNew Music Composers’ Group

VISUAL ARTS AND PHOTOGRAPHY

GRAFILL - Norwegian Organisation for Visual CommunicationThe Association of Norwegian Visual Artists

The Norwegian Association of Professional Photographers

The Norwegian Association of Fine Arts Photographers

Norwegian Association for Arts and CraftsSlide9

Member organisations

Publishers

The

Norwegian

Publishers’ Association

The

Norwegian

Music

Publishers’ Association

Norwegian

Media Businesses

’ AssociationThe Norwegian

Specialized Press AssociationNorwegian Association of the Periodical Press Slide10

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. Slide11

A short history of Kopinor’s

l

icensing activities1980 –

Primary

and

secondary schoolsMinistry of

Church

and Education

1984 – The

political

parties1986 – State administration

Ministry of Administration1986 – Universities and collegesMinistry of Culture and Science

1990 – The 435 municipalites and 19 countiesConfederation of MunicipalitiesSlide12

1992 – Several

confederations

in business, industry and finance

1998 – The

Church

of NorwayThe 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 MunicipalitiesA short

history of Kopinor’s licensing activitiesSlide13

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 licensingSlide14

Collections 2012

NOK

275,9

million =

$ 46 million

Administration cost:

11,6

%

Some 20 % of distributed fees sent abroad

200 mill.

100 mill.Slide15

Contract partners –

examples

The Ministry of administration State administration

The Norwegian Association of Local and

Regional Authorities (KS)

All municipalities, public primary and secondary schoolsThe 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 Slide16

The Licenses

All

published material (Extended

Collective

License)–

also

internet

Scanning

and

storageDownload from

internet or other sourcesUse in Learning Management Systems (

Virtual Learning Environments), interactive whiteboards

etc.PrintoutsProjectionSlide17

The Licenses

Cover

photocopying, print from all published

material and digital

use

– domestic and foreign – also Internet

For

internal

use

onlyNot to substitute

normal exploitationSlide18

Limitations of volume

15 % or

one chapter of a book

2

articles

from one scientific journalNo

limitations

on

other

periodicalsNo limitation on

websitesLimitations on sheet musicSlide19

Statistical surveys

Included in all major agreements

Mutual obligationSplit payment Kopinor

–

licenseeMonitored by both partiesProvide data for collection and distributionSlide20

Source and Type of Material

photo

text

illustration

50 % to Publishers

Author’s share

:

Non-fiction text 70%

Photo 20%

Illustration 10%Slide21

Cross-referenced tableSlide22

Collective Distribution Scheme

- National

Each of Kopinors 21 member associations represent all rightsholders in their fieldi.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 Slide23

Collective Distribution Scheme

- National

Negotiations between groups of rigtsholdersA separate Distribution BoardMediationArbitration

10 years of hard work – 15 years of peaceful consensusSlide24

Domestic distributionsSlide25

Digital breakthrough 2008/2009

Schools and local administration

october, 2008Church of Norwaydecember, 2008State administration

january,

2009

National Librarymay, 2009Universities and collegesJune,

2009Slide26

Bokhylla.no(’Bookshelf’)

The National

Library

is making all

Norwegian

books

from

the

19th

century

available

via

the

Internet

T

otally

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. Slide27

Internationally

Bilateral

agreements

International

cooperation

Development

activitiesSlide28

Development activitiesWhen 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