Full self-management of categories

Due to legislation introduced in 2016, the rights to your music are divided into different categories, and you have the option of only letting Koda manage some of these categories.

For the vast majority of Koda members, withdrawing categories from Koda’s management will not be relevant

If you withdraw authority to manage a given category, Koda will no longer represent your repertoire within that category of rights – and this applies to all works belonging to that category. This means that Koda will no longer ensure that you are paid for any use of your music within the relevant category, and Koda cannot help you with any cases of missing/incomplete distributions, etc. 

This means that if you want your repertoire to remain active and make money without Koda’s management, you must either manage the rights yourself or leave the management to others.

Given that EU legislation allows each company to specify their own categories, you cannot be certain that Koda’s European sister societies will be able or willing to handle the exact same categories you withdraw from Koda’s management. Koda cannot take responsibility for examining other collective rights management societies’ ability to handle such categories, nor for examining their rules on withdrawing/transferring categories for management.

Koda recommends that you continue to let Koda manage your rights in all categories

If you choose to follow Koda’s recommendation, simply do nothing. Then your membership will continue unchanged.

Background

Prior to 2016,  transferring your rights to Koda for management meant that you authorised Koda to manage all your rights for all your works. This authorisation covered all individual aspects of those rights; what we call ’categories’ of rights.

That practice has changed as a result of new EU legislation which aims at strengthening competition between collective rights management societies.

Of course, Koda welcomes these new rules: they offer individual member greater flexibility in determining how their rights should be managed.

For you as a Koda member this means that if you believe that some of the rights to your repertoire might be managed better elsewhere, you can withdraw the right to manage that category of rights from Koda – either because you wish to manage those rights yourself, or because you would rather have someone else do it – for example another collective rights management society.

For Koda, the new legislation means that Koda must clearly and specifically agree with each member on exactly which categories of rights Koda is authorised to manage for that member – if not all.

What categories are we talking about?

Koda’s board of directors has decided to use the following six categories of rights, which can be handled within Koda’s pre-existing systems for registering works and distributions. Members cannot withdraw administration rights for individual works or for works published by a particular publisher. The six categories are:

  1. Recordings on audio media
    ‘Phono-mechanical’, for example use of music on CD and vinyl releases.
  2. Recordings on audio-visual media 
    ‘AV-mechanical”, for example use of music in DVD releases and games
  3. Synchronising
    Synchronisation involves using music in ways where audio content and moving pictures are combined – i.e. when the music is incorporated into a film or TV programme.
  4. Standard public performance
    Examples include the use of music at concerts and when screening films at cinemas. This category also includes background music.
  5. Broadcasts on radio and TV
    Examples include the use of music in programmes on radio and TV stations broadcasting out of Denmark, and redistribution of radio and TV shows. This category also includes cable TV and retransmission.
    Please note that extended collective licences (‘aftalelicens’) apply to certain stations, such as DR and TV2. For details, see below.
  6. Online
    Examples include the use of music on streaming services.
One exception: extended collective licences

If you want your works within one or more of the categories listed above to be managed by someone other than Koda, they will no longer fall within the scope of Koda’s agreements, which means that you will not receive distributions from Koda for those categories. However, this does not apply to areas that are subject to so-called extended collective licences (aftalelicens). Where there is an extended collective licence, Koda can enter into agreements on behalf of all music creators. Extended collective licences apply to Koda’s agreements with Danish broadcasters DR, TV2, TV2 regions and to distribution via cable and online. 

Notification deadline

If you wish to withdraw categories from Koda’s management, you must do so by giving six months’ notice to the end of a calendar year. For example: if you wish to withdraw a given category from Koda’s management as of 1 January 2019, you must notify Koda of this decision no later than 30 June 2018.

If your music is used during the notice period you will, of course, receive the same distributions from Koda as always. You can also still monitor how your works have been used and submit complaints if you believe something needs correction.

The existing opportunities for self-management remain unchanged

Self-management concerning synchronisation rights, music in computer games and music on your own website continues as before 2016. So too does the scheme on library works and the options to license your work in accordance with Creative Commons terms and conditions.