Business areas & distribution rules
Producer Rights Denmark (PRD) distributes rights revenues for the following business areas:
- Retransmission basic (REB)
- Retransmission commerciel (REK)
- Blank Media (BME)
- Digital services (DIG)
- Tv programmes for educational purposes (TVU)
- Film in schools (FIU)
- DR Archive (DRA)
- TV in public venues (TVO)
- Other countries
Below you will find more information about PRD's business areas and distribution rules.
PRD does not manage any rights related to productions made by the broadcasters themselves, including sports.
Retransmission basic
Licensed through Copydan Verdens TV for exploitations in the Kingdom of Denmark, i.e. including Greenland and the Faroe Islands.
Rights revenue from the retransmission basic area is collected in accordance with the provisions of the Danish Copyright Act on extended collective licence (section 35(1)) and distributed to all right holders regardless of membership.
Rights revenue is disbursed to Danish and foreign right holders based on the content registration of TV channels which for two consecutive calendar years have had a market share of 1,5% or higher. However, channels are not removed from the registration base until they have had a market share of less than 1.5% for two consecutive calendar years. The distribution is thus currently based on registration of the content on the channels DR, DR2 and TV2 Denmark.
The fundamental distribution principle is actual consumption, with duration and viewing figures received from Nielsen being the two key parameters. Calculation for the retransmission area:
- Duration (playing time in minutes) x viewing figures (VOSDAL) = points
- Total revenue from Copydan per disbursement area/total number of points = point value
- The work’s points x point value = amount to be disbursed to the individual producer.
Distribution only takes place for productions of a minimum duration of 2 minutes.
Retransmission commercial
Licensed through Copydan Verdens TV for exploitations in the Kingdom of Denmark, i.e. including Greenland and the Faroe Islands.
Rights revenue from the retransmission commercial area is collected in accordance with the provisions of the Danish Copyright Act on extended collective licence (section 35(1)) and distributed to all right holders regardless of membership.
Rights revenue is disbursed to Danish right holders based on the content registration of channels which for two consecutive calendar years have had a market share of 1,5% or higher. However, channels are not removed from the registration base until they have had a market share of less than 1.5% for two consecutive calendar years. Distribution is currently based on the content registration of the TV channels TV3, TV2 Charlie, TV2 Fri, TV3+, TV3 Puls and Kanal 5.
The fundamental distribution principle is actual consumption, with duration and viewing figures received from Nielsen being the two key parameters. Calculation for the retransmission area:
- Duration (playing time in minutes) x viewing figures (VOSDAL) = points
- Total revenue from Copydan per disbursement area/total number of points = point value
- The work’s points x point value = amount to be disbursed to the individual producer.
Distribution only takes place for productions of a minimum duration of 2 minutes.
Private copying
Compensation is collected through Copydan Kulturplus for copying for private use in Denmark.
Rights revenue constitutes compensation for the lawful reproduction for private copying that takes place in Denmark. It is collected in accordance with the provisions of the Danish Copyright Act on blank media (sections 39-46a) and distributed to all right holders regardless of membership.
The revenues received from Copydan are split between an amount for collective distribution and an individual amount for rights holders.
The amount for collective distribution is a one-third of the total revenues for blank media and is distributed collectively through the pool that can be applied for minimum once a year based on the guidelines that follows from the Act on Collective Management of Copyright and the distribution guidelines adopted by the board or the subcommittee appointed by the board of PRD.
The remaining revenue is distributed on an individual basis to right holders in the same way as in the field of retransmission based on the content registered on the following channels: DR, DR2, TV2 Danmark and TV3.
Digital services
Licensed though Copydan Verdens TV for exploitations in the Kingdom of Denmark, i.e. including Greenland and the Faroe Islands.
Rights revenue from the digital services area such as StartOver and Catch-Up is collected in accordance with the provisions of the Danish Copyright Act on extended collective licence (section 35(4) and (5)) and distributed to all right holders regardless of membership.
Rights revenue is distributed to Danish and foreign right holders alike on the basis of reports received from Copydan who receives data directly from TV distributors. The revenue is thus distributed across TV channels without consideration for which channels are payment channels otherwise.
The basis for distribution of revenues is the amount of activations x duration.
As huge volumes of data are involved, a triviality limit has been introduced to avoid revenue being distributed to productions with very modest levels of activity. Revenues are thus distributed only to productions with 250 activations or more.
Catch-up on feature films is not part of the present licensing/distribution.
The distribution will be based on actual consumption and data available from the TV distributors.
TV programmes for educational purposes
Licensed through Copydan AVU-medier for exploitations in the Kingdom of Denmark, i.e. including Greenland and the Faroe Islands.
Rights revenue from TV programmes for educational purposes is collected in accordance with the provisions of the Danish Copyright Act on extended collective licence (sections 13 and 50(2) and distributed to all right holders regardless of membership.
Rights revenue is distributed to Danish and foreign TV and film producers based on information about the productions used and loaned in the relevant disbursement period. The reporting information comes from Educational Resource Centre (“Centre for Undervisningsmidler”).
Film for educational purposes
Licensed through Copydan AVU-medier for exploitations in the Kingdom of Denmark, i.e. including Greenland and the Faroe Islands.
This business area differs from the others in that PRD only manages rights on behalf of those entities that have directly authorised it to do so. Thus, agreements in the area are not given the effect of an extended collective licence but are concluded on an exclusive rights basis.
Rights revenue from film for educational purposes is distributed to Danish and foreign holders of rights to feature films when these works are exploited in the educational domain.
The revenue distribution is based on information from Educational Resource Centre (“Centre for Undervisningsmidler”).
Revenue is distributed so that 20% is distributed among all titles, while the remaining 80% is distributed based on actual consumption.
DR Archives
Licensed though Copydan Arkiv for exploitations in Denmark.
Rights revenue from DR Archives is collected in accordance with the provisions of the Danish Copyright Act on extended collective licence (section 30a) and relates to DR’s use of archive productions on its own platforms.
Rights revenue from DR Archives is distributed to right holders whose productions are used by DR under the Archives Agreement (Arkivaftalen). The revenue distribution basis consists of reported data received directly from DR. 80% of the distributed revenue is based on DR’s on-demand use and 20% is based on flow TV.
The revenues stemming from flow is distributed based on duration x viewers. The revenues stemming from on demand is distributed based on amount of streams x duration.
TV in public venues
Licensed through Copydan Verdens TV for exploitations in the Kingdom of Denmark, including Greenland and the Faroe Islands.
Rights revenue from TV in public venues is collected in accordance with the provisions of the Danish Copyright Act on extended collective licence (section 35(4)) and distributed to all right holders regardless of membership.
Disbursements in respect of TV in public venues concern the use of TV content in restaurants, bars and the like.
The distribution of revenue from TV in public venues takes place in the same way as in the field of retransmission based on the content registered on the following channels: DR, DR2, TV2 Danmark and TV3.
TV for the military
TV for the military (TVF) is licensed through Copydan Verdens TV for exploitations of TV content in the Danish military.
Rights revenue from TV for the military is collected in accordance with the provisions of the Danish Copyright Act on extended collective licence (section 35) and distributed to all right holders regardless of membership.
Revenue from TV for the military is distributed on the existing basis for rights in respect of retransmission on channels for which information is registered about both Danish and foreign productions and is disbursed with Retransmission basis.
TV for the seafarers
TV for seafarers is licensed through Copydan Verdens TV for exploitation of TV content for Danish seafarers.
The rights income for TV for seafarers is collected in accordance with the Copyright Act's provisions on extended collective licenses (Section 35) and is distributed to all rights holders regardless of membership.
Revenue for television to seafarers is distributed on the existing basis for rights for retransmission on channels where information about both Danish and foreign productions is and is disbursed with Retransmission basis.
Other countries
Licensed through PRD’s reciprocal and cooperation agreements.
Rights revenue from the exploitation of Danish TV and film productions outside Denmark is collected to the extent PRD acquires the right to manage the rights for the respective territories on behalf of the organisation’s members and Danish holders of producers’ rights.
Rights revenue from other countries derives primarily from Retransmission and private copying and similar business areas. Rights revenue is distributed based on information provided by the foreign organisations, which typically includes the title of the work, date, channel and amount.
News
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