THE DANISH MODEL• KODA administers public performance rights for 30k Danish composers,

songwriters and music publishers + reciprocal contracts with foreign sister societies.

• KODA payments represent about 30-40% of an established, young artists’ income. *

• KODA works; tightly knit, accepted, unrivaled.

• Broadcast and cable represent about 75% of KODAs income.

• CC irrelevant without KODA’s support

• For CC, KODA helps gain trust from artists

• KODA wants to appear dynamic & up-to-date, get goodwill from artists

* Mikael Simpson - http://www.mikaelsimpson.dk/

• KODA members (and all rights holders) must read and sign an agreement prior to using the CC license engine.

• NC only. NC to be interpreted following CC guidelines specific to the KODA trial.

• Broadcasters (except non-profit local radio with zero ad revenue) are commercial.

• No ads.

• KODA touts irrevocability, potential errors, administrative / practical inability to collect / enforce licenses; “The license is eternal and KODA cannot start collecting towards non-commercial use in the future since waiving the agreement would be without effect.”

THE DANISH MODEL

• The fine print: CC DK GUIDELINES for interpretation of “non-commercial”

by DR. THOMAS RIIS, Copenhagen Business School (Legal Project Lead)

• “Non-Commercial user” is

• 1. An individual

• 2. A non-profit educational institution or a public library

• 3. A non-profit organisation, institution charitable organisation etc.

• ISPs, copyshops and other service providers acting on behalf of a “Non-Commercial user” --> non-commercial

• Advertising etc.

• a: if work is used in connection with advertising, sponsorship or promotion of third party products or services --> commercial

• b: If a webpage contains “click through” ads etc. in order get access to CC content --> commercial

• “Remuneration as a condition of use”

• a) services

• - If a consideration in money or money’s worth is received for a service provided in connection with a Creative Commons licensed work --> commercial

• - If a remuneration is received for a service provided (e.g. by a copy shop) on behalf of a user and this service is of limited significance and subsidiary to the use of the licensed work (e.g. a compendium for a course at an educational institution) --> non-commercial

• b:) concerning works

• - if money / other value is exchanged in connection to the use of the CC-licensed work --> commercial

• If a Creative Commons licensed work is used in connection with a request for voluntary contributions (donations, supporting membership or the like) for the benefit of an individual, an educational institution or a non-profit organisation -->Non-Commercial.

Download the guidelines: http://creativecommons.dk/NC_KODA.pdf