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