COPYSWEDE 2010 DISTRIBUTION

MEMBERS: VISUAL ARTS COPYRIGHT SOCIETY IN SWEDEN. NORDIC COPYRIGHT BUREAU. THE SWEDISH ARTISTS AND MUSICIANS’ INTEREST ORGANIZATION. THE SWEDISH PERFORMING RIGHTS SOCIETY. THE ASSOCIATION OF SWEDISH PROFESSIONAL PHOTOGRAPHERS. THE SWEDISH UNION OF JOURNALISTS. THE SWEDISH MUSICIANS’ UNION. THE ASSOCIATION OF SWEDISH ILLUSTRATORS. THE SWEDISH PLAYWRIGHTS’ UNION. THE SWEDISH WRITERS’ UNION. THE SWEDISH ASSOCIATION OF EDUCATIONAL WRITERS. THE ASSOCIATION OF SWEDISH CRAFTSMEN AND DESIGNERS. THE SWEDISH FEDERATION OF PROFESSIONAL MUSICIANS. THE SWEDISH UNION FOR THEATRE, ARTISTS AND MEDIA. START

CONTENTS

3 Copyswede’s Task 4 Distribution of Broadcast Retransmission Revenue 5 Distribution among Film Producers, Broadcasting Companies and Authors/Performers 7 Distribution of Cable TV Revenue Per Channel 8 Distribution among Authors and Performers 9 Individual Distribution 11 Distribution of Private Copying Levy 11 What is Private Copying Levy? 11 The Basis of Distribution of the Private Copying Levy 11 Distribution Agreements Made in 2010 Concerning Private Copying Levy Collected in 2009 12 Distribution of Private Copying Levy per Product in 2009 13 Individual distribution of Private Copying Levy, Year of Transmission 2008 16 Distribution of Other Revenue 17 Organization 18 Copyswede’s Member Organizations 18 Further Information

2 COPYSWEDE DISTRIBUTION 2010 COPYSWEDE’S TASK

COPYSWEDE’S TASK

Copyswede provides access to culture via representing Swedish copyright holders, Payments to individual authors and various media by licensing TV and radio authors and performers, formed performers are made either via the for cable TV, on-demand services, DVD Copyswede in 1982 for the purpose of member organizations or by Copyswede and CD publishing, etc. Via Copyswede, coordinating negotiations and establis- directly. Authors and performers outside operators wishing to retransmit TV and hing agreements within certain areas of Sweden receive payments based on radio can obtain the necessary permits copyright. Through partnership reciprocal agreements via sister from the authors and performers – such agreements with broadcasting compa- organizations abroad or from Copyswede as singers, musicians, composers, actors, nies and organizations representing fi lm directly. writers, directors and photographers – and phonogram producers, Copyswede participating in the productions. is also authorized to represent rights Copyswede also administers the accruing to these groups. Swedish levy system for private copying. Copyswede is made up of fourteen DISTRIBUTION OF REVENUE organizations of cultural innovators. Copyswede licenses a large number of TV and radio channels for retransmis- COPYRIGHT AND COLLECTIVE sion in various media, and administers COPYSWEDE’S MANAGEMENT OF RIGHTS the Swedish levy system for private COLLABORATIVE PARTNERS Copyright is an individual right. In copying. Copyswede collects revenue to UBOS, Union of Broadcasting Organiza- principle, this entails that whoever has be distributed among the groups of tions in Sweden, coordinates Nordic created a literary or artistic work, or copyright holders concerned. public-service TV companies and a series whoever has performed a work, has to In the fi rst stage of distribution, of equivalent broadcasting companies give his or her permission before what revenue is apportioned in accordance from other countries and language areas. has been created or performed can be with agreements between Copyswede used by others. Such a right also exists and our collaborative partners UBOS; IFPI, the International Federation of the for whoever has produced a fi lm or a FRF and IFPI. Next, remuneration is Phonographic Industry, the Swedish phonogram. Broadcasting companies’ distributed to individual broadcasting Group, represents phonogram producers. signal rights are also protected. companies as well as fi lm/phonogram Agreements on the use of works and producers in accordance with the rules of FRF, the Swedish Film Producers’ achievements consisting of a number of distribution for each respective partner. Association, represents fi lm and TV rights, including TV programmes and Payments to authors and performers producers in various fi elds. Through its collaboration with Agicoa and Eurocopya, fi lms, often require the cooperation of are made on the basis of distribution FRF also represents international fi lm various categories of copyright holders. principles subject to annual approval by and TV producers. A large number of the organizations all Copyswede’s member organizations. ULTIMAX/SHUTTERSTOCK IMAGES ULTIMAX/SHUTTERSTOCK IVICANS/SHUTTERSTOCK IMAGES PHOTO: PHOTO:

COPYSWEDE DISTRIBUTION 2010 3 DISTRIBUTION OF BROADCAST RETRANSMISSION REVENUE

DISTRIBUTION OF BROADCAST RETRANSMISSION REVENUE

When a TV channel is retransmitted in the shares accruing to the broadcasting accruing to the foreign channels is cable TV networks, the copyright companies and fi lm producers are transferred to the representative holders are entitled to remuneration for separated out and distributed to organizations in the country of origin of the use from those retransmitting the representative organizations in accor- the respective TV channel for onward channel. Copyswede licenses a large dance with existing distribution distribution. The distribution and number of Swedish and foreign TV and agreements. The organizations FRF and payment of the remuneration accruing radio channels and collects revenue IFPI distribute and pay remuneration to to the Swedish channels is handled either from the cable TV operators for these producers and UBOS does the same for by Copyswede directly or via the authors’ retransmissions. Copyswede’s licence the broadcasting companies. and performers’ member organizations. covers all rights in the channels accruing Copyswede distributes the remaining At present, over 100 channels, primarily to authors, performers, producers and share of the revenue to the authors and public service channels, are licensed. broadcasting companies. As regards all performers that have contributed in the The remuneration due is divided the collected retransmission revenue, licensed channels. The remuneration annually to the respective channel.

❚❚ RETRANSMISSION REVENUE – FROM COLLECTION TO RIGHTHOLDERS

Retransmission revenue for TV and radio channels

Film 64.5% is shared under the agreement between producers (29%) film producers and TV and radio companies.

TV and radio The remaining 35.5% goes to Copyswede. companies (35.5%) Retransmission revenue for foreign channels in Sweden is paid to the Retransmission organizations in the revenue for SVT country concerned. channels and TV4 Copyswede collects payments in respect of Swedish channels that are retransmitted abroad. Revenue for retrans- mission of radio channels is remitted to the member orga- The share pertaining to nizations concerned. recorded music played on TV and radio channels is forwarded to SAMI, STIM and IFPI for onward distribution. Individual distribution is made via Copyswede or its member organizations to the individual rightholders. Payment is made approximately 1.5 years after the end of the year of transmission.

4 COPYSWEDE DISTRIBUTION 2010 DISTRIBUTION OF BROADCAST RETRANSMISSION REVENUE

Distribution among Film Producers, Broadcasting Companies and Authors/Performers

REMUNERATION FOR REMUNERATION FOR As for the second stream of payment RETRANSMISSION OF RETRANSMISSION OF from our Nordic sister organizations, the FOREIGN CHANNELS SWEDISH CHANNELS revenue only pertains to the Copyswede- Remuneration is collected for all The retransmission revenue for the affi liated groups, which is why no sum copyright holders and the retransmission Swedish channels derives from two is set aside for the producer group. The revenue, in respect of the foreign channels, sources. In the case of the SVT channels, producers receive payment for retrans- is split three ways between authors/ the revenue comes from the operators in mission in the other Nordic countries performers (Copyswede), broadcasting Sweden, who have covered remunera- directly from their sister organizations. companies (UBOS) and fi lm producers tion to Copyswede for the SVT channels (FRF). The agreement stipulates that since February 2009, as well as from our REMUNERATION FOR Copyswede receive 35.5 per cent, the Nordic sister organizations for re- RETRANSMISSION OF TV broadcasting companies 35.5 per cent transmitting the SVT channels in the FINLAND AND SVT WORLD and the fi lm producers 29 per cent of the Nordic countries. The Finnish channel TV Finland, remuneration for the foreign channels. In the case of TV4, the revenue from distributed in Mälardalen, central After deducing the shares of the retransmission of the Swedish operators Sweden, hardly shows any fi lms. As a revenue collected due to the broadcas- comes both from TV4, who have agreed result, the fi lm producers do not receive ting companies and the fi lm producers, to cover remuneration for the operators’ any revenue from this particular the share accruing to Copyswede is use, and from our Nordic sister organi- channel. The revenue collected for TV shared among the channels that entered zations, transferring revenue to Finland is distributed so that 38 per cent into the licensing agreement. Copyswede for the retransmission of goes to the Finnish TV companies and TV4 in our Nordic neighbouring 62 per cent to authors/performers. The Amounts (SEK t.) distributed in 2010 countries. Swedish channel SVT World is re- to FRF and UBOS, foreign channels As for the fi rst stream of payment, transmitted in Finland under similar Organization SEK t. from operators retransmitting SVT conditions. The Finnish organization FRF 5,632 channels, Copyswede licenses rights for Kopiosto collects and transfers the UBOS 6,902 all three groups, but SVT has chosen not revenue to Copyswede for onward to charge for their own rights. Revenue distribution to participating authors and The amount is usually higher, but the is consequently collected and distributed performers. revenue for the fi rst six months of 2010, for two of the afore-mentioned groups, usually deduced by the time the viz. authors/performers (Copyswede) RECIPROCAL AGREEMENTS brochure goes to print, has not been and producers (FRF/IFPI). Authors and To ensure that authors and performers paid to Copyswede as the amount is performers receive 59.5 per cent and receive payment when the programmes subject to dispute. producers 40.5 per cent of the revenue. to which they have contributed are transmitted abroad, Copyswede has entered into several reciprocal agre- ❚❚ FOREIGN CHANNELS ❚❚ SWEDISH CHANNELS ements. Among other things, the Film producers FRF/IFPI agreements regulate the transfer of Copyswede 35,5% Copyswede 59,5% 29% 40,5% collected revenue accruing to authors and performers for retransmission in the various countries. The agreements also serve to ensure the effi cient payment of revenue to foreign copyright holders when programmes to which they have contributed are transmitted in Sweden. TV and radio companies 35,5%

COPYSWEDE DISTRIBUTION 2010 5 DISTRIBUTION OF BROADCAST RETRANSMISSION REVENUE

The agreements govern two separate The reciprocal agreements ensure the Amounts (SEK t.) distributed in 2010 situations: both when entire channels effi cient forwarding of revenue for to foreign organizations are retransmitted in another country broadcast retransmission in all the Organization Foreign Foreign and when foreign programmes are Nordic countries. The amounts due for channel programme transmitted in national channels. An the Swedish channels are collected at ALCS (UK) – 1,339 example of the fi rst situation is when Copyswede and distributed to the Bild-Kunst (Germany) 15 71 the entire SVT channel is retransmitted individual authors and performers who Copydan (Denmark) 2,568 2,602 in Norway. An example of the second have contributed to the programmes. Kopiosto (Finland) 2,458 256 situation is when a Swedish feature This has created an effi cient system Norwaco (Norway) 526 965 fi lm is transmitted in NRK (Norway’s whereby revenue for the content of SACD/SCAM (France) – 259 equivalent to SVT) and is thus retrans- Swedish TV channels is primarily VG Wort (Germany) 51 429 mitted in the Norwegian cable TV distributed from the same place, viz. network. Sweden, where information on who The Swedish channels are only has made contributions to the channels Amounts (SEK t.) distributed in 2010 retransmitted in the Nordic countries – is also available. to Copyswede from foreign organizations in other countries, Swedish productions Organization Swedish Swedish are transmitted in the countries’ RECIPROCAL AGREEMENTS channel programme national channels. For further informa- OUTSIDE THE NORDIC REGION Copydan (Denmark) 14,391 866 tion, see ’Distribution between Copy- Copyswede has also signed reciprocal Kopiosto (Finland) 4,180 – right Holders’. agreements with organizations outside Norwaco (Norway) 9,765 1,716 the Nordic region, among others in ALCS (UK) – 25 NORDIC RECIPROCAL AGREEMENTS Germany, France, the UK and Austria. VDFS (Austria) – 1 The all-pervading principle in the The revenue Copyswede sends to these SACD (France) – 46 Nordic reciprocal agreements is that the organizations refers to foreign program- SSA (Switzerland) – 5 revenue for an entire channel is to be mes in Swedish channels, as well as VG Wort (Germany) – 321 forwarded to the organization in the entire channels from these countries. country of origin of the channel. The recipient organization is then respon- MUSIC IN FOREIGN CHANNELS sible for the distribution of the revenue In 2010, the following amounts were to both domestic and foreign authors distributed to IFPI, SAMI and STIM and performers. for music used on Nordic (excluding The revenue received for Nordic Swedish), German, Spanish and Italian programmes transmitted in one of the channels, retransmitted on Swedish SVT channels, for instance, is transfer- cable TV networks in 2009. IFPI, SAMI red to the country in which the and STIM receive payment for foreign programme was produced for onward channels having signed reciprocal distribution. Similarly, the revenue for agreements with their counterparts all Swedish programmes transmitted for abroad. instance on Danish and Norwegian channels is transferred to Sweden for onward distribution.

6 COPYSWEDE DISTRIBUTION 2010 DISTRIBUTION OF BROADCAST RETRANSMISSION REVENUE

Distribution of Cable TV Revenue Per Channel

Amounts (SEK t.) distributed in 2010 CABLE TV REVENUE FOR Cable TV revenue for distribution to STIM, SAMI and IFPI, foreign channels SVT 1 AND 2, SVTB, SVT WORLD, to authors/performers per channel, year of transmission 2008 Organization SEK t. SR AND TV4 To be able to distribute the Swedish SVT 1 and 2 25,072 IFPI 252 cable TV revenue for a specifi c year of TV4 13,843 SAMI 32 transmission to the individuals who SVTB* 13,617 STIM 3,868 have contributed to the programmes SVT World 2,692 on the respective channels, the revenue SR (radio) 1,295 DISTRIBUTION OF REVENUE FOR remaining after the shares to TV * Relates to years of transmission NATIONAL PURPOSES FOR TV companies and fi lm producers have been 2003–2008. FINLAND AND SVT WORLD deduced is fi rstly distributed to each In the case of retransmission of TV respective channel. This is subject to the In the case of SVTB (the Children’s Finland in Sweden and of SVT World in number of subscribers of the respective Channel), revenue was fi rst distributed Finland, Copyswede has entered into an channel. in 2010. The revenue has been distri- agreement with the Finnish organiza- buted in accordance with the same tion Kopiosto, stipulating that 10 per principles as for other channels and cent of the share of the revenue refers to the years of transmission distributed to authors and performers 2003–2008. is to be set aside for national purposes.

Revenue for national purposes in 2009 Organization SEK t. BUS 6 FST 6 KIF 2 SAMI 12 SDF 79 SFF 7 SFFot 6 SMF 23 Symf 21 TF 109 ALESHOSTNIK/SHUTTERSTOCK IMAGES PHOTO:

COPYSWEDE DISTRIBUTION 2010 7 DISTRIBUTION OF BROADCAST RETRANSMISSION REVENUE

Distribution among Authors and Performers

❚❚ CABLE DISTRIBUTION After the revenue has been divided split among the individual copyright – SUMMARY between all the channels, the revenue holders within the group. for the Swedish channels is split among In conjunction with this, the foreign Cable TV revenue the groups of copyright holders concer- programmes on the Swedish channels (Swedish) ned. There are nine overall groups of are also identifi ed and the foreign share copyright holders: artists, visual artists/ of the revenue is separated for payment still photographers, phonogram, screen- to the foreign organizations concerned, writers, musicians, directors, actors, for onward distribution to copyright TV channel misc. (choreographers, set designers and holders abroad. See previous section on (SVT, TV4, SVTB, SVT World) dancers), STIM and translators. reciprocal agreements. In distributing the revenue to each On the basis of the above principles, group of copyright holders, the program- annual agreements between all of me content of the individual channels Copyswede’s member organizations are Group of copyright holders (Artists, visual artists/ and transmission time are taken into negotiated for the channels SVT 1 and still photographers, phonogram, consideration. The programme content SVT 2, SVT World, SVTB and TV4. screenwriters, musicians, directors, of the channels is divided into eight A distribution agreement for Kunskaps- actors etc., STIM and translators) categories: documentary, drama, music, kanalen is under preparation. entertainment, children/youth, news, The result of the distribution sport and miscellaneous. The transmis- agreements produces an amount for each sion time for the diff erent programme group of copyright holders. The group’s Individual rightholders categories is weighted to refl ect the revenue is then split among those volume of copyrighted material used. within the group who have contributed. Based on the contributions in each The revenue distributed individually in category, the respective groups of 2010 relates to contributions to program- copyright holders are then allocated mes transmitted in 2008. shares in the programme categories. The distribution agreements between Following the distribution of the the groups of copyright holders for 2008 revenue to the respective groups, it is are as follows:

Distribution, year of transmission 2008

SVT 1 & 2 Percentage % SVT World Percentage % SVTB Percentage % TV4 Percentage % Artists 5.09 Artists 6.01 Artists 2.08 Artists 3.01 Actors, misc. 14.95 Actors, misc. 15.66 Actors, misc. 33.28 Actors, misc. 10.83 Directors 8.86 Directors 7.13 Directors 4.67 Directors 9.26 Musicians 8.93 Musicians 11.02 Musicians 3.35 Musicians 5.93 Phonogram 3.28 Phonogram 3.23 Phonogram 2.44 Phonogram 1.70 Screenwriters 20.52 Screenwriters 22.43 Screenwriters 26.48 Screenwriters 17.02 STIM 33.26 STIM 29.15 STIM 18.16 STIM 50.78 Translators 0.98 Translators 0.38 Visual artists/ Visual artists/ Visual artists/ Visual artists/ still photographers 9.54 still photographers 1.49 stillphotographers 4.14 still photographers 4.98

8 COPYSWEDE DISTRIBUTION 2010 DISTRIBUTION OF BROADCAST RETRANSMISSION REVENUE

Individual Distribution

INDIVIDUAL DISTRIBUTION Amounts for distribution (excl. IFPI, STIM Five per cent of the revenue is set aside WITHIN EACH GROUP OF and SAMI) for Swedish channels, 2008 annually for each group of copyright COPYRIGHT HOLDERS 2008 Channel(s) SEK t holders (excl. SVTB 2003–2008). This Distribution agreements between the is to cover the organizations’ work, SVT 1 & 2** 20,579 member organizations entail that all including ongoing negotiations to SVT World 2,578 groups of copyright holders receive a protect and strengthen the position of SVTB* 10,822 percentage of the revenue for each the authors/performers within each TV4 10,537 Swedish channel. These shares are to sector in respect of copyright issues. be distributed individually within each SR (radio) 1,295 group of copyright holders. As STIM, * Relates to years of transmission Amount allocated to the organizations SAMI and IFPI all had their own 2003–2008. for 2008 distribution systems when Copyswede ** Includes revenue for SVT24. Organization SEK t. was established, these organizations SDF 577 receive their payments as a lump sum to Revenue for foreign programmes on the SFF 59 be distributed and paid out individually. Swedish channels is set aside for each TF 1,037 For lyricists and composers, this is country. In 2010, SEK 9,562 t. was set BUS 112 handled by STIM, for musicians on aside for the 2008 year of transmission phonogram (recorded music) by SAMI (and for 2003–2008 for SVTB) for foreign and for phonogram producers by IFPI. programmes and copyright holders. Total amount available for SVT, SVT World, Prior to payment, certain provisions SVTB and TV 4 for individual distribution via Copyswede for each group of copyright Payments to organizations with their are made to cover payment claims from holders, year of transmission 2008* own individual system of distribution copyright holders who, for some reason, for retransmission Group of copyright holders SEK t. had not been included in the distribu- Organization SEK t. tion records. In 2010, SEK 12,328 t. was Literary and dramatic works 14,467 IFPI for phonograms on set aside to cover unforeseen claims. Visual artists/still photographers 3,194 Swedish channels 409* This amount is higher than the provi- Directors 2,525 SAMI for phonograms on sions of previous years, due to the Actors, misc. 17,410 Swedish channels 968* provision of a larger share for SVTB, Performers in the music sector 3,384 STIM for as it is the fi rst time payments are made Swedish channels 9,331* * Includes years of transmission 2003–2008 for that channel. for SVTB. * For SVTB the payments relate to years of The period of statutory limitation transmission 2003–2008. in respect of future claims for cable TV revenue under the Copyright Act is After IFPI, SAMI and STIM received three years – whereas in practice a FACTORS INFLUENCING their shares of revenue for the Swedish period of fi ve years after the year of THE INDIVIDUAL CABLE TV channels, an amount remains for transmission apply. The provisions and REVENUE distribution among the other groups of payments for which the correct • The individual partnership contract authors and performers. This amount is recipient could not be found are then showing whether the copyright holder augmented by the revenue received transferred to the individual distribu- still holds his/her cable TV rights. from the other Nordic countries for the tion. In 2010, SEK 4,481 t. of these alloca- • In what capacity and to what extent the retransmission of Swedish channels in tions were transferred. copyright holder has contributed. those countries. • The channel on which the programme is transmitted. • The number of times the programme is transmitted.

COPYSWEDE DISTRIBUTION 2010 9 DISTRIBUTION OF BROADCAST RETRANSMISSION REVENUE

PAYMENT OF REVENUE REVENUE FOR RETRANSMISSION Retransmission revenue paid for Swedish In June 2010, Copyswede paid revenue OF RADIO radio channels in 2010. The payments to the copyright holders who had 10 per cent of the cable TV revenue to relate to retransmission in 2008 contributed to programmes transmitted be distributed to authors and performers Organization SEK t. in 2008. The main payment is made is allocated to retransmission of radio IFPI 23 once a year, 18 months after the end of (SR). The revenue for retransmission SAMI 380 the year of transmission. During that of radio channels is paid to the member SDF 163 time, distribution formulae, contributor organizations concerned, in turn SFF 236 information and statistics are processed. responsible for onward distribution of SMF/Symf 212 For authors and performers within revenue to those who have contributed, STIM 62 the TF (The Swedish Union for Theatre, either individually or through grants. TF 219 Artists and Media) sector, payment is distributed via the Union’s rights company Tromb. THRASHEM/SHUTTERSTOCK IMAGES PHOTO:

10 COPYSWEDE DISTRIBUTION 2010 DISTRIBUTION OF PRIVATE COPYING LEVY

DISTRIBUTION OF PRIVATE COPYING LEVY

What is Private Copying Levy?

To compensate copyright holders for copying. They report and pay the levy • Recordable DVDs the permitted private copying of music to Copyswede, who then distributes the • Recordable CDs or TV programmes, for instance, a levy in accordance with present copying. • Recordable cassettes system of a private copying levy was The levy is collected on products • Videotapes incorporated into the Copyright Act in specifi cally used for private copying. • MP3 players 1999. The regulation was redrafted in Among the products for which private • Media players with built-in 2005, following an EC directive. The copying levy was paid in 2010 are the storage capacity private copying levy is paid by retailers/ following: importers for products used for private

The Basis of Distribution of Private Copying Levy

Private copying levy (PCL) revenue right purposes reside in the EU and the the total amount collected, after should, to as high a degree as possible, be EEA, as well as copyright holders outside deduction of the costs of collection. In distributed to the copyright holders on the EU and the EEA area, provided that 2008, an agreement with representatives the basis of the copying actually taking the other country has implemented a from the US copyright holders was place. Annual copying surveys are similar levy system. signed, allocating 20 per cent of the total conducted and form the basis of the The distribution of the private share of the collected private copying distribution. The surveys show what has copying levy is governed by several levy relating to video copying, net of been copied and to what extent. separate distribution agreements. In the share accruing to UBOS. The Those eligible for compensation are accordance with an agreement with revenue is distributed annually to FRF, authors, performers and fi lm and UBOS, broadcasting companies receive for onward distribution to the US phonogram producers, who for copy- a standardized share of 5.33 per cent of copyright holders.

Distribution Agreements Signed in 2010 Concerning Private Copying Levy Collected in 2009

The private copying levy collected for Private Copying Levy collected, 2009 amounted to SEK 109,392 t. by product, in 2009 COPYING SUMMARY 2009 After deduction of costs, SEK Product SEK t. • Most copying took place on the 104,210 t. remained for distribution. CD-R/RW 11,833 channels SVT 1, SVT 2, TV 3, TV 4 UBOS received SEK 5,554 t. while SEK DVD-R/RW 34,589 and Kanal 5. 12,888 t. was allocated to the American • The programme categories copied the Audio cassettes and minidiscs 799 copyright holders. most were TV series, feature fi lms and Videotapes 1,715 The remaining amounts to be entertainment programmes. distributed among the various product MP3 players 13,750 • Music accounts for approximately groups are as follows: Media players with built-in 95 per cent of all audio copying. storage capacity 23,082

COPYSWEDE DISTRIBUTION 2010 11 DISTRIBUTION OF PRIVATE COPYING LEVY

Distribution of Private Copying Levy per Product in 2009

The next step in the distribution is to RECORDABLE DVD-R/RWS MP3 PLAYERS divide the revenue for each product The agreement for the revenue collected MP3 players are almost exclusively used between audio and video copying. For for DVD-R/RWs stipulates that 80 per for audio copying. The revenue is divided this purpose, Copyswede commissions cent of the collected revenue go to video, so that 99 per cent goes to audio and 1 the market research company TNS SIFO while the remaining 20 per cent go to per cent to video. Copying surveys show to carry out annual copying surveys. The audio. that most of the audio copying on MP3 surveys provide detailed information In the case of the division of the players relates to music, but also audio on audio and video copying behaviour. DVD revenue relating to audio, the books, leaving a very limited amount to The division of revenue is based on SIFO survey shows that music repre- radio programmes. 91 per cent of the the results of the copying surveys and sents 93.5 per cent of all copied material, revenue for audio copying is distributed annual distribution agreements are audio books for 4 per cent and radio to music, 7 per cent to audio books and then reached. programmes for 2.5 per cent. 2 per cent to radio programmes. The following agreements per product for revenue collected in 2009 have been VIDEOTAPES MEDIA PLAYERS WITH BUILT-IN reached: Videotapes no longer represent a major STORAGE CAPACITY source of revenue. On the other hand, Media players with built-in storage RECORDABLE CD-R/RWS the SIFO surveys indicate that the capacity are almost exclusively used for An agreement covering recordable product is still used for copying. All video copying. This product group CD-R/RWs has been reached, stipula- revenue relating to videotapes is primarily comprises DVD players with ting that 91 per cent of the revenue distributed to video. built-in storage capacity and set-top for CDs go to audio and 9 per cent boxes with built-in storage capacity. to video. AUDIO CASSETTES Based on the results of the surveys, The copying survey shows that of As with videotapes, these products are distribution agreements have been the part relating to audio copying, music on their way out. All revenue has been reached, stipulating that 98 per cent represents 97.5 per cent, audio books allocated to audio. In accordance with a of the revenue be apportioned to video 2 per cent and radio programmes 0.5 distribution agreement, just under 95 and 2 per cent to audio. per cent. per cent of the revenue for recorded The surveys conducted have not music goes to CD-Rs, minidiscs and shown what type of audio has been audio cassettes. copied on the media players with

FACTORS INFLUENCING THE INDIVIDUAL PRIVATE COPYING LEVY • The type of programme to which the copyright holder contributes, for example feature fi lm, children’s programme, etc. • The extent to which the programme is copied. • The channel on which the programme is transmitted. M. DYKSTRA/SHUTTERSTOCK IMAGES • In what capacity and to what extent the copyright holder has contributed. PHOTO:

12 COPYSWEDE DISTRIBUTION 2010 DISTRIBUTION OF PRIVATE COPYING LEVY

Individual Distribution of Private Copying Levy, Year of Transmission 2008 built-in storage capacity. Consequently, The individual revenue for video copied. As for TV3 and Kanal 5, only the same shares are applied on audio as distributed in 2010 relates to the 2008 contributors on programmes in these on CDs. Music is thus allocated 93.5 per year of transmission. Copyswede three categories are entitled to shares cent of the revenue, audio books 4 per distributes the revenue individually of the private copying levy. In the case cent and radio programmes 2.5 per cent. to screenwriters, writers, translators, of SVT and TV4, the categories nature journalists, directors, set designers, programmes and documentaries are less DISTRIBUTION OF AUDIO AND choreographers, actors, dancers, copied. The copying behaviour, and the VIDEO SHARES FOR EACH musicians, artists, singers, cinemato- monies allocated to those contributing, RESPECTIVE PRODUCT graphers, visual artists and photo- vary from one year to the next, among A general agreement regulates all graphers for their achievements in fi lm other things depending on the size of products relating to music copying, and and television. The payments are made the collected amount and the selection the portion for music is shared equally through Copyswede or via the member of programmes on off er. among IFPI, SAMI and STIM, while the organizations. The share of the video revenue remaining part of the audio distribution The distribution system for both collected in 2008 and accruing to is distributed by Copyswede. In the case the private copying levy and the cable Copyswede-affi liated groups is shared of revenue for the copying of audio TV revenue rests on information on TV among the various copyright holders, books, the producers’ share is transfer- programmes and contributors. That way, such as actors and writers, based on how red to the Swedish Publishers’ Associa- the individual distribution of private the groups have contributed to each tion (SvF) for onward distribution. copying levy has been handled at a programme category. In each program- Similarly, there is a general agreement relatively low cost. me category, the extent to which the for the revenue relating to video copying. copyright holders contribute vary, This entails that 33 per cent of the DISTRIBUTION OF PRIVATE which is refl ected in the distribution. revenue is allocated to FRF for onward COPYING LEVY FOR COPYING The agreed result for the groups of distribution to fi lm producers, while OF TV PROGRAMMES ON SVT 1 copyright holders for 2008 is seen in 67 per cent is allocated to Copyswede AND 2, TV4, TV3 AND KANAL 5 the table below: for onward distribution to authors and In 2010, the private copying levy was performers. distributed individually for contribu- Distribution, year of transmission 2008 tions to programmes copied when Copyright holders Percentage % Payment of private copying levy to transmitted on SVT 1, SVT 2 or TV4, Actors 25.42 organizations with their own distribution as well as for certain programme systems for onward distribution, 2010 Choreographers 0.64 categories on TV3 and Kanal 5 during Cinematographers 2.35 Organization SEK t. 2008. The results of the copying surveys Dancers 0.48 FRF* 15,084 decide which channels and programme Directors 15.16 IFPI 10,736 categories are to receive a share of the Editing/Cutting/Lighting 0.29 SAMI 10,553 levy. Certain programme categories are Journalists 1.71 STIM 10,553 more frequently copied which is also Music authors (STIM) 14.01 SvF 2,196 taken into consideration. The program- me categories most often copied has Musicians/Conductors 8.31 * Excluding revenue to US copyright holders. been allocated a larger portion of the Phonograms (IFPI/SAMI) 3.02 revenue than those copied less. Each Screenwriters 17.91 channel is today divided into 11 separate Set designers 1.64 programme categories, such as feature Singers/Artists 3.62 fi lms, entertainment, sport and Still photographers 1.79 children’s programmes. Drama, feature Translators 0.53 fi lms and entertainment are the Writers 3.18 programme categories currently most

COPYSWEDE DISTRIBUTION 2010 13 DISTRIBUTION OF PRIVATE COPYING LEVY

STIM, SAMI and IFPI all had their own Negotiations, etc. for 2008 distribution systems when Copyswede LEVY VARIES FROM Organization SEK t. was established, and thus receive their YEAR TO YEAR BUS 38 payments as a lump sum. IFPI handles The same contribution on a programme, SDF 407 PCL to producers, SAMI to musicians on e.g. if you are a screenwriter on a feature phonogram (recorded music) and STIM fi lm transmitted on SVT, can entitle you to SFF 59 to lyricists and composers. a certain levy one year, and quite another TF 1,120 the next. It is determined by the total Private copying levy to IFPI, SAMI and amount of the collected levy and on the STIM for onward distribution types of programmes copied in that Amount for direct payment after allocation Organization SEK t. particular year. to foreign programmes and provisions to cover future payment claims, year of IFPI 837 transmission 2008 SAMI 801 Amounts for direct payment after allocation Copyright holders SEK t. STIM 7,435 to foreign programmes and unforeseen claims, year of transmission 2008 Literary and dramatic works 3,345 Visual artists/still photographers 84 Copyright holders SEK t. The amounts below refer to payments Directors 2,184 for the limited copying from channels Literary and dramatic works 10,109 Actors 6,970 other than SVT 1 and 2, TV4, TV3 and Visual artists/still photographers 768 Performers in the music sector 2,106 Kanal 5. Copying surveys show that Directors 6,782 there is very little copying from other Actors 15,625 channels at present. The copying Performers in the music sector 4,021 In 2010, Copyswede’s Board of Directors surveys are analyzed and followed up decided that the undistributed amounts annually. It has not been possible to in respect of video copying on CD-R/ distribute these amounts individually at Some of the amounts refers to copying RWs for 2007 and 2008, covered by a reasonable cost and they have thus of foreign programmes transmitted on commitments, were to be distributed been set aside to be used for collective the Swedish TV channels. The revenue to the organizations for collective purposes, grants or the like, as decided for foreign programmes is set aside in purposes, grants and the like. The by the organizations concerned. accordance with the distribution revenue was paid out to the organiza- formulae. In 2010, SEK 12,084 t. was set tions during 2010. Amounts paid out in 2010 aside for foreign programmes and Organization SEK t. copyright holders for the 2008 year of The following amounts were paid out collection. Prior to payment, certain to the organizations BUS 29 provisions are made to cover payment Organization SEK t. FST 29 claims from copyright holders who, for KIF 10 STIM 499 some reason, had not been included in SAMI 400 SAMI 184 the distribution records. In 2010, SEK IFPI 58 SDF 690 8,543 t. of the Swedish revenue was set SDF 660 SFFot 29 aside to cover unforeseen claims. TF 1,788 SJF 22 Five per cent of the revenue is set SMF 161 SMF 75 aside annually for the organizations to TF 1,912 cover their work, including ongoing BUS 20 negotiations to protect and strengthen SJF 62 the position of the authors/performers FST 20 within each sector in respect of SFFot 20 copyright issues. KIF 7

14 COPYSWEDE DISTRIBUTION 2010 DISTRIBUTION OF PRIVATE COPYING LEVY OLEKSIY MARK/SHUTTERSTOCK IMAGES PHOTO:

PAYMENT TO AND FROM FOREIGN In 2010, Copyswede transferred the ORGANIZATIONS FOR ONWARD following amounts for onward distribution for copying of foreign programmes DISTRIBUTION IN EACH COUNTRY Payment of the levy to organizations Organization SEK t. abroad with regards to copyright holders ALCS (UK) 1,612 in the FRF, IFPI, SAMI and STIM sectors BECS (UK) 2,048 is made via these organizations. In 2010, Bild-Kunst (Germany) 210 Copyswede paid private copying levy to SACD/SCAM (France) 597 organizations abroad for onward VDFS (Austria) 3 distribution to authors and performers VG Wort (Germany) 787 in accordance with existing reciprocity agreements. Similarly, private copying levy was also paid out to Copyswede for In 2010, the following amounts was paid onward distribution to Swedish authors out to Copyswede for onward distribution for copying of Swedish programmes abroad and performers. Organization SEK t. Bild-Kunst (Germany) 877 SACD (France) 1

COPYSWEDE DISTRIBUTION 2010 15 DISTRIBUTION OF OTHER REVENUE

DISTRIBUTION OF OTHER REVENUE

DVD/VIDEO ISSUING OF SVT PRODUCTIONS Through agreements with the program- me companies SVT, SR and UR, the companies are free to issue programmes on DVD or CD themselves or via a distributor. When the agreement was renewed in 2008, it was extended to include phonogram publishing. Copyswede also enters into agreements with distributors regarding revenue as well as sales and rentals reports for individual titles. The revenue is then distributed to the copyright holders contributing to each title. Of the revenue distributed, 40 per cent is usually allocated to authors and 60 per cent to performers. The revenue for each group is then split within the group, in proportion to each persons contribution. Revenue for SVT programmes on DVD distributed in 2010 referred to the ILJA MAŠÍK/SHUTTERSTOCK IMAGES year of use 2008. The revenue was paid PHOTO: out to approximately 160 titles. In 2010, a total of SEK 2,754 t. was paid out by Copyswede and TROMB/The Swedish REVENUE FOR USE OF REVENUE FOR SVT PLAY Union for Theatre, Artists and Media. TV PROGRAMMES BY THE VIA DIGITAL TV BOXES MERCHANT NAVY For 2009, SEK 1,000 t. was collected REVENUE FOR USE OF Revenue for the distribution of SVT from SVT for the cable TV operators’ UR’S PROGRAMMES and UR programmes to sailors in the possibilities to provide access to SVT In 2009, a new agreement was signed Swedish Merchant Navy is to be programmes on demand via set-top with UR (The Swedish Educational collected the year after the year of use. boxes, i.e. SVT Play via digital boxes. Broadcasting Company), regarding This is regulated in an agreement with The revenue does not include the STIM, various ways in which UR programmes the Swedish Maritime Administration. SAMI and IFPI copyright holders. The could be used. The agreement allows In the year of use 2009, revenue revenue will be distributed in 2011. schools, media centres, libraries and amounted to SEK 161 t. Following a For 2010, SVT has paid SEK 1,500 t., museums to use UR productions. The decision by the member organizations, which includes STIM. The distribution revenue for 2007–2009 has not yet the revenue has been used to fi nance of this revenue is expected to be been paid out to the copyright holders. copyright collaborations with KLYS completed in 2011. Proposals for distribution are in (The Swedish Joint Committee for preparation and are expected to be Artistic and Literary Professionals). completed in 2011.

16 COPYSWEDE DISTRIBUTION 2010 ORGANIZATION

ORGANIZATION

PERSONNEL BOARD OF DIRECTORS CEO & Secretariat Kenth Muldin, Chairman. CEO of STIM. The board’s chairman since 2005, Mattias Åkerlind, CEO on the board since 2003. Also on the board of SFU, NCB, CISAC, Stockholm Neda Marklund, Secretary to the CEO University’s Institute for Immaterial and Market Rights. Lars Grönquist, Senior Legal Offi cer Ulf Mårtens, 1st Vice Chairman. Chief Negotiator at the Swedish Union for TV and Radio Theatre, Artists and Media. On the board since 1997. Peter Carls, Legal Aff airs Pär Nordfors, Legal Aff airs Susin Lindblom, 2nd Vice Chairman. Union Director of the Swedish Playwrights’ Anna Sarkany, Legal Aff airs Union. On the board since 1986. Also on the board of ALIS – Administration of Angela Håkanson, Financial Assistant Literary Rights in Sweden, Centre for Drama, KLYS – Swedish Joint Committee for Artistic and Literary Professionals, the Lars Molin Foundation. Private Copying Levy Tanja Jalamo, Legal Aff airs Ingvar Hällerståhl. Representative at the Swedish Federation of Professional Susanne Limpar Lantz, Financial Assistant Musicians. On the board since 2008. Also on the board of FSM, SAMI, Egil Ekbom, Market Surveillance Musikalliansen.

Distributions Mats Lindberg. CEO at BUS (Visual Copyright in Sweden). On the board since Karolina von Essen, Legal Aff airs 1986. Also on the board of Bonus Presskopia – the Swedish RRO, International Katarina Björkstedt, Legal Aff airs Federation of Reproduction Rights Organizations. Annelie Nordgren, Administrator Ingalena Bruhn, Financial Manager Anita Vahlberg. Senior Advisor at the Swedish Union of Journalists. On the Maria Carlsson, Administrator board since 2005. Also on the board of Bonus Presskopia – the Swedish RRO, Pressinstitutet, the Journalist Fund for Further Training, KLYS – Swedish Joint Communications Committee for Artistic and Literary Professionals. Kjell Holmstrand, Head of Communications Liselott Silwer, Web Editor/Communications Helena Woodcock. Manager of Legal Aff airs at STIM. On the board since 2010. Offi cer

Reception and Offi ce Service Lena Rosén

CEO

Administrations and Private Copying TV and Radio Distributions Communications Levy

COPYSWEDE DISTRIBUTION 2010 17 COPYSWEDE’S MEMBER ORGANIZATIONS

COPYSWEDE’S MEMBER ORGANIZATIONS

Copyswede has fourteen member organizations representing Swedish authors and performers: FURTHER INFORMATION You will fi nd more information, news and press material on Copyswede’s The Association of Swedish Craftsmen and Designers (KIF) operations on the Copyswede web site www.kif.se www.copyswede.se. The web site also offers access to downloads, such as The Association of Swedish Illustrators brochures on Copyswede’s various fi elds www.svenskatecknare.se of activities. Also available are forms, information leafl ets and web-based tools for rightholders or retransmission/levy The Association of Swedish Professional Photographers (SFFot) payers. The brochures available in pdf www.sfoto.se on www.copyswede.se are also available in print from the secretariat, Nordic Copyright Bureau (NCB) phone: +46 8 545 667 00 or via e-mail www.stim.se [email protected].

The Swedish Artists and Musicians’ Interest Organization (SAMI) www.sami.se

The Swedish Association of Educational Writers (SLFF) www.slff .se

The Swedish Federation of Professional Musicians (Symf) www.symf.se

The Swedish Musicians’ Union www.musikerforbundet.se Copyswede’s Press Room at MyNewsdesk The Swedish Performing Rights Society (STIM) Journalists can easily subscribe to www.stim.se press releases and other material via Copyswede’s press room at MyNewsdesk, The Swedish Playwrights’ Union www.mynewsdesk.com/se/pressroom/ www.dramatiker.se copyswede.

The Swedish Union for Theatre, Artists and Media Copyswede via Social Media www.teaterforbundet.se Follow Copyswede and the Private Copying Levy on Facebook: The Swedish Union of Journalists facebook.com/copyswede www.sjf.se facebook.com/privatkopiering

The Swedish Writers’ Union www.forfattarforbundet.se

Visual Arts Copyright Society in Sweden (BUS) www.bus.se

18 COPYSWEDE DISTRIBUTION 2010 STOP

COPYSWEDE DISTRIBUTION 2010 19 Copyswede provides access to culture via various media by licencing TV and radio for cable TV, on-demand services, DVD and CD publishing, etc. Via Copyswede, operators wishing to reuse TV and radio can obtain the necessary permits from the authors and performers – such as singers, musicians, composers, actors, writers, directors and photographers – participating in the productions. Copyswede also Aros 2011. Graphic design and production: Citat. Paper: cover; 250 Maxioffset, insert; 150 Maxioffset. Edita: Edita Västra administers the Swedish levy system for private copying. Copyswede is made up of fourteen organizations of cultural innovators.

Industrigatan 2A SE-112 46 Stockholm Phone +46 8 545 667 00 Fax +46 8 667 88 11 [email protected] www.copyswede.se