Koda’s processing of data

 

Koda’s processing of data concerning personal rightholders who are not members of Koda

Even though you are not a member of Koda, Koda will be collecting and controlling data on you as a rightholder as a composer and/or songwriter, for one of the following reasons:

1) If you are member of another Collective Management Organization (Society) with whom Koda has a Reciprocal Representation Agreement, Koda does so based on the mandate given by you to your society which your society in turn has given to Koda for our territories of operation (Denmark, Greenland, the Faroe Islands)[1]. Below, this reason is referred to as “RRA-cases”.

2) Even if you are not a member of any such Society, Koda might represent your rights due to the rules of Extended Collective License, which applies in areas such as Public Service Broadcasting and TV-retransmission and -distribution.[2] Read more about Extended Collective License in the Danish Act on Copyright, Section 50 here. Below, this reason is referred to as “ECL-cases”.

3) Outside these areas, it can still be of importance to process data on your works, in order to manage the other rights we represent.[3]

You have a right to access the data Koda processes concerning you, to request for rectification of inaccurate data, to request for erasure of data, to request restriction of processing, and to data portability, which implies that Koda on your request will deliver a file with the data we have registered about you. However, Koda’s legal obligations for documentation and archiving of our activities and Koda’s legitimate interest of delivering the most efficient management of the rights of other rightholders might result in an actual limitation of your right to erasure of data and of your right to restriction of processing of data.

You can file a complaint over Koda’s processing of your data to the Danish Data Protection Agency.

Thus, the processing of the four following types of data is necessary for Koda’s collective management of rights to musical works:

  1. Data about you as a rightholder
  • Which data:
    1. Your number in the Koda-alike societies’ international register of rightholders (Interested Parties), ”IPI”-number
    2. Your name, eventual pseudonym, eventual changes of name
    3. In ECL-cases: Your address, e-mail, phone
    4. Your eventual authorized representative, e.g. manager or music publisher
    5. Your membership any other society that you may have mandated to represent your rights
    6. Since copyright in the EU lasts for 70 years after author’s year of death, we will – when time comes – process data on your year of death and process the forementioned data on your heirs as well.
    7. In ECL-cases: Your bank account
  • Who will Koda share these data with:
    • The data mentioned under subsection a-f is shared with
  1. The entities that manage Koda’s rights on certain areas, NCB and NMP
  2. Other Koda-like societies around the world, connected with CISAC’s systems. Learn more about CISAC
  • Your co-authors and their eventual music publishers
  • Data mentioned under subsection g, bank account, is only shared with the tax authorities and Koda’s accountants.
  • How long does Koda keep these data:
  1. Koda keeps these data as long as they have relevance for your copyright and for the manament of others’ copyright as well. Koda cannot comply with an eventual request for erasure of obsolete data on e.g. addresses or representatives if your data has been presented to Koda in a work registration formulas etc.

 

  1. Data about your copyright protected works
  • Which data:
    1. Musical works to which you are registered as a rightholder, either as a composer, arranger, songwriter or music publisher
    2. Other eventual rightholders to the works (composers, lyricists, arrangers)
    3. Eventual music publishers for you and the other rightholders
    4. Your and the other rightholders’ shares on the works
  • Who does Koda share these data with:
  1. i+ii: Koda will do its best to make these data publicly available, in order to respect your right to credit as author of your works. On a systematic basis, Koda is sharing these data with other rightholders, the below mentioned producers of audio and audiovisual productions, music users/costumers (e.g. concert promoters, movie theaters, broadcasters and online service providers), other societies within CISAC around the world and music surveillance services
  2. All data regarding your works is part of both Koda’s internal databases and the databases shared with the entities that manage Koda’s rights on certain areas, NCB and NMP, and databases shared with the other Koda-like societies around the world, connected with CISAC’s systems. In RRA-cases, Koda will use your data to make collections and respective distributions to your society, that in turn will redistribute to you
  • How long does Koda keep these data:
  1. Koda keeps these data without any limitation in time, as the works databases are of impor­tance for an optimal management of the other rights under Koda’s mandate[4].

 

  1. Data regarding the use of your works
  • Which data:
    1. The use in published audio and audiovisual productions, insofar as these data can improve the accuracy of the distribution of amounts due to you and other rightholders
    2. Census (reporting) of the use in live concerts, movie theaters, broadcasters and online services
    3. Statements of the use made by the users/costumers of Koda combined with the corresponding fraction of the amount that Koda distributes a) In the RRA-cases: to the other Koda-like societies, which they in turn distribute to you or b) In the ECL-cases: directly to you.
    4. Data from music surveillance services, which can be used on areas where there is not a full census of the music being played
    5. Date and venue of a work’s premier performance, if the information is available for Koda
  • Who does Koda share these data with:
  1. For data accuracy, the data is shared with the producers of audio and audiovisual productions, the users/costumers and with the other Koda-like societies around the world[i] and with music surveillance services that deliver data to Koda
  2. For research and development, Koda might share certain parts of these data with the aforementioned in order to develop the best and most efficient mapping of the music used on different areas.
  • How long does Koda keep these data:
  1. Koda keeps these data as long as they may have a potential bearing for the correct distribution to you and/or other rightholders. As a starting point, Koda keeps all data for at least five years after the calendar year. In certain cases data is kept for longer, e.g. if some parts of the data have a long delivery, if data control is especially time consuming or an agreement for distribution has not been made yet. Koda might keep data for longer in cases where Koda deems that the data can be of relevance for future agreements with the music users, e.g. broadcasters.

 

  1. Information of the distribution for the use of works and the distributions to you
  • Which data:
    1. The amount allocated to you for distribution
    2. In ECL-cases: Eventual agreements or enforcement proceedings leading to the fact that the actual payment is to be made to someone else than you
  • Who does Koda share these data with:
  1. In RRA-cases: The relevant other Koda-like societies around the world
  2. Koda’s accountants
  3. In ECL-cases: The Danish Tax Authorities
  • How long does Koda keep these data:
  1. As a starting point, Koda keeps all data for at least five years after the calendar year. Hereafter you can request an erasure of your data, however, Koda will usually keep the data without any time limit, as some rightholders request data on their income for ”life of copyright”.

 

 

[1] Confer General Data Protection Regulation (GDPR - (EU) 2016/679), Article 6, Section 1, b).

[2] GDPR, Article 6, Section 1, b) and c).

[3] GDPR, Article 6, Section 1, f.

[4] GDPR, Article 6, Section 1, f.