bildkonst upphovsrätt i sverige developing management of rights in visual works - what are the pre-...

Bildkonst Upphovsrätt i Sverige

Developing Management of Rights in Visual Works - What are the pre-

requisites? 9/11 2012 Harare

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Contact

Mats Lindberg,

Managing Director

BUS

+46 (0)8 545 533 82

+46 (0)70 7135656

mats@bus.se

www.bus.se

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Pre-requisites

Visual material

o Fine arto Photographyo Illustrationo Craft and applied arto Designo Architectureo Printso (Charts, maps)

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Structure visual

Four main categories of visual creators with similar interests in collective administration

Fine artists Illustrators

Crafts persons Photograpers

Primary rights

Secondary rights Secondary rights23-04-19 5

Primary Markets

Publishing and Media Book publishing (illustrators, photographers) Newspapers (photographers) Magazines (photographers)

Advertising, information (photographers) Galleries, museums, commissions (fine

artists) Design industry (craftsmen, designers) Broadcasting (fine artists, photographers)

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Secondary Markets

Publishing and Media reuse Book publishing, Newspapers, Magazines

Broadcasting, Play services Cable-tv, Webbcasting, Streaming Museums, Libraries, Archives (digitalization) Education and research and development Auctions and resale of fine art

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Organized visual creators

Visual authors’ organizations Photographers associations Journalists unions Visual art associations/clubs Illustrators associations Craftmens associations/cooperatives

State support toward organizations Seed money or yearly contributions Negotiations and conditions when works are used Legislation and rights Discuss and support good development

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Legal

Primary rights (is also secondary)Reproduction rights – exemptions and limitations

Broadcasting rights – exemptions and limitations

Communcation to the public

Secondary rightsReprography and digital uses

Cable TV, Start over, Internet services

Compensation systemsPrivate copy levy

Artist Resale Rights – Droit de suite

Public lending rights

Renumeration right for showing of works in public spaces

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Society

State cultural policy on authors Authors rights Cultural founding and primary market Authors position in negotiations Promotion of collective administration

The consumers attitude towards authors The users contracts The role of the organizations

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Collective management

Based on a transfer of individual rights

Direct mandate

Author Collecting society, CMO

Indirect mandate

Author Association CMONational living artists and estates through an agreement.

National CMO conclude bilateral agreement with foreign CMO’s

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Licensing

Develop tariff system for the most common uses. Through negotiations, normal on the market, look at similar organizations abroad.

Authorize use by simple authorization and by agreements with main user groups (newspapers, magazines, museums, broacasters...)

Monitor use and control

Distribution according to use

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Co-ordinate

Mandate from all categories of visual authors

Work in co-operation with other CMO’s, performers and publishers/producers.

Cable tv with CISAC societies, perfomers, producers and broadcasters

Reprography and internet uses in education and internal information in companies etc with RRO societies

Private copy levy systems depending on the law (beneficiaries)

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BUS as an example

Formed 1989 as an Economical association - Not for profit

Democratic ”one member – one vote” principle, Board of directors of 7 artists and 1 representing deceased artists

There was a legal framework, but undeveloped

There was a support, but not from all

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BUS purpose

Collect and distribute remunerations to members and right holders (individuals)

Give service to markets, make it easy to legally use art works

Market control Legal assistance for artists Foster a artists friendly legislation

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Main activities

Reproductions Resale Right - Droit de suite Individual Remuneration for works in public

spaces (cultural compensation system) Photocopying remuneration and Individual

distribution Cable TV Private copy (levy)

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BUS at work

Visual authors secondary markets, collect & distribute

Give the artist’s views to legislator Give advice on copyright matters Information to institutions and the trade Give answers to hearings etc. Platform for collection and distribution of

remuneration which can be used for new rights and new situations

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Reproductions

Prints; newspapers, magazines, books, cards, posters and other printed material

Television and film Digital reproductions (dvd, cd) Scanning

Internet/Intranet

Right of communication, communication to the public

Nationally museums, archives, foundations, communes, state bodies and others with art collections

Agreements (collections – illustrations) Internationally connected to OnLineArt;

system of one tariff, one centralized report system. Every national society is an agent for OnLineArt

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Resale Right (droit de suite)

Right to remuneration when works of art, applied art and photographs are resold

Original and copies which are authorized by the author

5 % of sales price up to a sale of 50 000 Euro, then according to declining scale

Minimum sales price of approximately 2100 SEK Non professional sales are excluded, few times

and/or works Buildings are excluded Can only be collected through an organization of

authors

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Resale Right - Droit de suiteCollected

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Remuneration for works in public spaces

Compensation system through the state cultural budget, not part of copyright legislation

Based on limitation of the rights in the copyright legislation -Works which has been sold (transfer of ownership of the physical work) can be shown to the public without any limitation

Compensation in the same “style” as compensation for public lending or performance of music (industry music)

Individual remuneration, through a system developed by BUS, to the author who has work in public places or work which are owned by public authorities

Payment decided by a point system based on original value and also where the work is situated (only on commissioned works)

Appr. 35 Mkr 2012, 4 000 applications and nearly 3600 receivers which gets from 500 to 42 000 SEK each depending on points

Paid out annually, stable and can be counted on

Remuneration for works in public spaces, collected & distributed 1997 - 2009

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Cable TV, Private copying

Copyswede Cable TV visual authors 4-5 % of authors and

performers share (36 %) Individual payment from Copyswede Private copying visual authors less then 1 % Individual payment from Copyswede Growing internet uses Start over, achieves,

OTT, on demand services

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Reprography and Individual Distribution (IR) BONUS Presskopia, Joint society, RRO IR paid for copying in education and for internal

information in companies, 10 MSEK distributed 2012 Art, illustrations, photos and applied art The possibility to be copied is the basis to receive the

remuneration Point system based on numbers of pictures published

in each book, magazine, newspaper Extended collective license system Webbsystem for application integrated with

administration

International

BUS is a member of CISAC www.cisac.org Ifrro www.ifrro.org EVA www.evartists.org OnLineArt www.onlineart.info International Authors Forum

www.internationalauthors.org/

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Visual Artists Rights in Sweden

An organization for all visual authors on the secondary markets established spring 2008

Assemblies all visual authors in Sweden through their organizations (Artists, Illustrators, Photographers, Craftsmen)

Develop strategies, be “heard and seen” and develop practical collection & distribution

Broadcasting, Cable-tv, Intranet and Internet, Libraries, Power Point presentations, Mass uses of visual material, Reprography

5 of 8 organizations have moved together Develop administrative systems and rational services to

members organizations (accounting, registries, administration)

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Society work

Cultural Creators

Amendments to Authors rights legislation

Piracy issues and development of new models

Authors rights legislation ECL system• Libraries, Orphan Works, digitalization of cultural

heritage• Use for internal information purpose• New use of TV content, start over, catch-up, Video On

Demand etc• New technical equipment/methods in education (intranet,

boards etc)

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Society work

Defend the authors right system as such both towards “new” attitudes from the public and from aggressive buy out contracts from users Assemble all categories of Authors (and Performers) nationally Voice authors views internationally through IAF Meet attitudes on the Internet Explore new models for use and payment to the authors Defend creativity New user groups – service providers, technology companies

Tackle the digital agenda/use (user friendly) New models for use of works on the Internet Argue for the right to Private copying and compensation systems –

gives freedom and legality Don’t be the enemy of the future or use of technologies

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Growth of members 1991-2009

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Collections, in total

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Total collection, distribution & administrative costs 1990 - 2010

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Contact

Mats Lindberg, Managing director

BUS

mats@bus.se

www.bus.se