In the event of any inconsistency between the Danish and English language versions of the document, the Danish version prevails |
Agreement of 1 January 1997 concluded between the Danish Ministry of Education and Copy-Dan on the recording of radio and television broadcasts from DR (Danish Broadcasting Corporation), TV 2 (and its regional stations) and from local radio and television stations affiliated with the Danish Electronic Media Confederation (Fællesrådet for de Elektroniske Medier@) for use in education at educational institutions under the University Division (Universitetsafdelingen).
I (Scope)
II (Selection and recording)
III (Payment)
IV (Other)
The Agreement is concluded between the Danish Ministry of Education on the one hand and the organisations affiliated with the ‘COPY-DAN, Foreningen AVU-KOPIER’ association (hereinafter called COPY-DAN) on the other hand.
I
1. The Agreement comprises the recording, use and storing of the radio and television broadcasts covered by the Agreement for use in education at educational institutions under the University Division.
(2) The Agreement comprises the recording, use and storing of the works and performances broadcast by the stations mentioned above for the purpose of educational activities, cf. the second limb of Section 13(1) of the Danish Consolidated Act on Copyright (Ophavsretsloven).
(3) The Agreement does not comprise the recording of any cinematographic works broadcast on television which are part of the general cinema repertoire of feature films unless only brief excerpts of the work are shown in the telecast.
II
2. The selecting, recording and storing of broadcasts in accordance with Clause 1(1) and (2) shall be carried out by the individual educational institution or by centres which, as a part of the teaching activities, handle the recording, copying and distribution of television broadcasts.
3. It shall be possible to make the recordings directly from the radio and television broadcast.
4. The recordings shall be of adequate technical quality, and no modifications, additions or abbreviations shall be implemented in the recordings.
III
5. Payment shall be effected centrally from the Danish Ministry of Education by the end of January.
(2) The payment shall be calculated on the basis of the number of active students, as stated in the comments to Section 20(6) of the Danish Appropriations Act (Finansloven), ‘Higher education’.
(3) For 1997, the remuneration shall be DKK 13.65 per student under the humanities, DKK 8.51 for students at the teacher training colleges and DKK 5.79 for all other students.
The payment for 1998 shall amount to the remuneration for 1997 plus 6.5% of the remuneration for 1996 with the addition of indexation, cf. Clause 5(4).
(4) With effect from 1 January 1998, the remuneration shall be adjusted by the consumer price index (1980 = 100) for November 1997 calculated by Statistics Denmark. Subsequently, the remuneration shall be adjusted once a year as per 1 January based on the previous year’s consumer price index for November.
IV
6. The allocation of the remuneration between the rightholders shall be carried out by COPY-DAN in accordance with the regulations of this institution. Any questions regarding this allocation shall be of no concern to the users.
7. Under this Agreement, COPY-DAN shall transfer the rights to administer recordings of radio and television broadcasts, cf. Clauses 1 and 2 of the Agreement, to the same extent to which the public administration sector has such broadcasts at its disposal.
8. In the event that any third-party rightholders make a claim vis-à-vis the Danish Ministry of Education or an educational institution comprised by Clause 1 for remuneration for the recording, use or storing of a work or a performance forming part of a programme covered by the Agreement, COPY-DAN shall pay the remuneration in question according to COPY-DAN’s general rules.
9. The Danish Ministry of Education shall inform COPY-DAN of which educational institutions are covered by the Agreement and shall send information to such institutions about the Agreement.
(2) COPY-DAN shall send out information material to the educational institutions covered immediately upon having received the information indicated in Clause 9(1).
10. This Agreement shall enter into force on 1 January 1997 and shall be terminated with effect from 31 December 1998 at the earliest. The notice of termination shall be six (6) months for expiry at the end of a calendar year.
Copenhagen, 3 February 1997
Ministry of Education
COPY-DAN, AVU-KOPIER
