Distribution

Producer Rights Denmark (PRD) manages TV and film rights on behalf of producers and distributors. The rights for exploitation in Denmark are licensed through Copydan, and PRD redistributes the rights revenue to both Danish and foreign holders of producers’ rights as well to the organisation’s foreign cooperation partners.

PRD additionally receives and redistributes rights revenue received from foreign management organisations for the retransmission of Danish TV and film productions outside Denmark, as well as revenue from similar business areas.

March disbursement
A minor follow-up disbursement is made in March across all areas, except for distributions from abroad.

June disbursement
Rights revenue in respect of the following business areas is paid out in June:

Retransmission basic (REB)
Retransmission commercial (REK)
Film For Educational Purposes (FIU)
Distribution from abroad
Solved conflicts

September disbursement
Rights revenue in respect of the following business areas is paid out in September:

TV programmes for educational purposes (TVU)
DR Archives (DRA)
Distribution from abroad
Solved conflicts

December disbursement
Rights revenue in respect of the following business areas is paid out in December:

Digital services (DIG)
Private copying (PRK) (Formerly Blank media)
TV in public venues (TVO)
Distribution from abroad
Solved conflicts

Both in June, September and December, follow-up payments are made for previous years and all business areas.

Disbursement to the individual business areas is determined on the basis of the organisation’s distribution principles.

Deductions

From 1 January 2021, the administration costs will be taken as a deduction from the top before disbursements to members and rights holders. The deduction for adminstration is made on the basis of a cost budget approved by the board. The deduction for administration takes place prior to the distribution for royalty year 2020, and thus invoicing will no longer be made for each individual disbursement.

Administration percentage
The total administration percentage for the current year will be clearly stated in the organisation’s transparency report, which is prepared by the administration and audited by the organisation’s auditor for final approval by the members at the annual general meeting in April of the following year.

Previous royalty years
Regarding previous royalty years (2019 and earlier), the administration percentage is deducted based on the cost budget prepared by the former administration company Filmret ApS and approved by PRD’s board for the relevant years. The administration percentage for rights income from royalty year 2019 was 5%, for royalty year 2018 6% and for royalty year 2017 8.5%. For royalty year 2016 and previous years, the administration percentage was 10%. In cases where VAT was historically invoiced by the administration, there will be a supplement of 25% to the administration percentage, this is done to make the total deduction identical to the deductions historically made.

Cultural funding
In addition to management costs, a deduction for cultural funding may be made if PRD’s general meeting so decides. PRD’s general meeting has approved the general policy for deductions for cultural funding and the board approved a deduction totalling DKK 12.4 million in 2022 based on applications from the Danish Producers’ Association and RettighedsAlliancen.

Membership fee to the Danish Producers' Association
When PRD disburses rights revenue to members of the trade association the Danish Producers’ Association, a deduction is made for the membership fee to the association. The membership fee is transferred automatically and will be stated on PRD's disbursement receipts. Any questions about the membership fee should be directed to the secretariat of the Danish Producers’ Association via info@pro-f.dk or +45 33862880.

Tax

All disbursements to Danish right holders are reported to SKAT, the Danish Customs and Tax Administration.

Log in to claim rights

Producers, distributors and other holders of producers’ rights must claim their rights vis-à-vis PRD for the given royalty and disbursement periods. Rights can be claimed via the log-in facility and via e-mail, depending on business area.

PRD has grouped the three former log-in sites (for CAB, Filmkopi and Filmret) into one log-in facility – PRD log-in. The log-in facility gives users an overview of rights, list of works, distributions and disbursements, etc. Some PRD business areas are not yet accessible online, but we undertake ongoing development of our administrative and log-in systems. In time, information about all business areas and disbursements will be available online.

If you have any questions about logging in and claiming rights, you are very welcome to contact us.

PRD's list of unclaimed works

The log-in facility gives right holders and PRD members access to PRD’s list of unclaimed works. The list contains both Danish and foreign productions whose right holders have been impossible to identify. An updated list of unclaimed works is always included with current disbursement information sent to, for instance, foreign right holders and cooperation partners. On the basis of this list, Danish and foreign right holders can notify PRD about whether they hold the producers’ rights to one or more works.

If you have any questions about PRD's list of unclaimed works, you are very welcome to contact us.

Time-barred rights revenue

Rights revenue that has proved impossible to disburse within a three-year time limit becomes time-barred after the expiry of the year to which the revenue relates. The general meeting makes decisions regarding the use of time-barred funds.

Delays

According to the Danish Act on Collective Management of Copyright (lov om kollektiv forvaltning af ophavsret), revenue must be distributed and disbursed no later than nine months after the year in which the revenue was collected, unless objective reasons prevent the time limit from being met. For various reasons PRD may experience delays in distributing and disbursing amounts within the planned or statutory time limit.

Delay due to data processing
For digital services such as StartOver and Catch-Up, it is currently proving impossible to complete the processing of reported data within the nine-month time limit. Large data volumes have to be processed, requiring considerable resources to ensure correct individual distribution. Consequently, rights revenue for digital services is disbursed with a few months’ delay in December.

Delay due to negotiations
Some business areas such as TV for seafarers are awaiting PRD’s decision about whether this rights revenue is to be distributed among the organisations. The rights revenue cannot be individually distributed and then paid out in respect of the relevant areas until these distribution negotiations have been finalised.

Objections

Right holders are entitled to raise objections against the distribution of rights revenue within a period of three months of the distribution. The claim against PRD must be based on documentation regarding representation, transfer provisions in contracts, etc. Right holders have no claim for disbursement if, according to the distribution rules, the use concerned falls outside the revenue distribution.

PRD does not decide disputes concerning competing claims. If several right holders make total claims for a TV or film production that exceed 100%, the work becomes the subject of a conflict. The parties involved will be asked to clarify how the rights are distributed so that payment can be made to the correct right holder. PRD does not resolve rights conflicts, but assists the parties with factual information for the purpose of their handling of the case, and may potentially withhold disputed revenue until a solution is found.

Private copying (PRK) (Formerly Blank media) distribution

All PRK-amounts are distributed as one

According to agreements entered into between the US majors and PRD together with an agreement between IFTA and PRD, as of the royalty year 2020 distribution of private copying remuneration (Private copying levy – PRK) will not be divided into a distribution of remuneration to US rightsholders and a distribution of remuneration to rightsholders in the rest of the world. There is only one distribution of these amounts.

If you have any questions related to this, please contact us.

PRD's login facility gives members and holders of producers' rights an overview of their works and rights as well as details of distributions and disbursements.

PRD's members and rights holders are notified directly by email when required to claim their rights in connection with the distribution and disbursement of rights revenue for a given period.

News

Disbursements in June 2021

Tuesday, June 1, 2021

In June 2021, Producer Rights Denmark (PRD) distributes rights revenue for 2020 to producers and own...
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