Legal basis

Legal Counsel: Susanne Munk Knudsen, smk@copydan.dk
Legal Counsel: Christina Fischer, cfi@copydan.dk


Extended collective licensing
Copydan Writing grants licensing agreements on the basis of the legal system called extended collective licensing. Extended collective licensing is based on Nordic copyright law and it therefore specific for the Nordic countries. The system provides a way to clear copyrights in cases where it is not possible to do so at an individual basis. The general provisions of the extended collective licensing system are stipulated in the Danish Copyright Act section 50.

Key elements of the extended collective licensing such as it is administered by Copydan Writing are:

•Copydan Writing is the appointed organisation in Denmark within its field and administers the reproduction rights on textual material for all Danish authors and publishers
•Copydan Writing represents a substantial number of rightsholders to textual works which are used in Denmark
•Member organisations represented in the Board of Copydan Writing negotiate on behalf of their individual members
•Copydan Writing licenses areas where mass use extends the possibility for individual management
•Agreements are freely negotiated between Copydan Writing and user representatives
•Agreements are by law extended to cover also non-represented rightsholders
•Non-represented rightsholders have a right to individual remuneration

The Danish Copyright Act
Copydan Writing enters into agreements with users of copyright protected material in the following sectors:

•Institutes of education pursuant to section 13 in the Danish Copyright Act
•Private and public businesses pursuant to section 14 in the Danish Copyright Act
•Archives and libraries pursuant to section 16 b in the Danish Copyright Act

New provision
In the 2008 amendment to the Danish Copyright Act a new extended collective licensing regulation was implemented in article 50, subsection 2. The new regulation is meant as a supplement to the existing extended collective licensing provision and is sought to solve for example problems concerning orphan works. As opposed to the already existing extended collective licensing provision rightsholders can issue a prohibition against the use of their works in relation to any of the parties of the licensing agreement.