United States of America
Copyright and Related Rights
[Follow-up question] Please explain how the conditioning on reciprocity of the remuneration to foreign rightholders from the blank tape levy under Danish law is consistent with the national treatment requirements of Berne and TRIPS. In addition, how are the levies distributed so as to give the appropriate share to rightholders from other WTO Member countries?
The Danish levy system is - in relation to foreign rightowners - implemented in special provisions in Sections 18 and 19 in Ordinance No. 964 of 12 December 1995. It is hereby indicated that the provisions have no link to the existing international copyright conventions. In practice the criteria used in Sections 18 and 19 for payment to non-EU rightowners have the effect that foreign rightowners are treated in the same manner as Danish rightowners on the sole condition that in the country in question a remuneration scheme for blank tapes - regardless of its scope -has been implemented, which provides a possibility for payment of remuneration to Danish rightowners. The general framework of the Danish levy system is laid down in Sections 39 and 40 of the Copyright Act of June 1995 which are worded as follows: "Section 39: (1) Anyone who for commercial purposes produces or imports sound tapes or videotapes or other devices on to which sound or images can be recorded shall pay remuneration to the authors of the works mentioned in subsection (2). (2) The remuneration shall be paid for tapes, etc., which are suitable for production of copies for private use, and only for works which have been broadcast on radio or television, or which have been published on phonogram, film, videogram, etc. (3) Administration and control, including collection, shall be carried out by a joint organization representing a substantial number of Danish authors, performers and other rightholders, including record producers, etc., and photographers, and which is approved by the Minister for Culture. The Minister may request to receive all information about collection, administration and distribution of the remuneration. (4) The organization lays down guidelines for payment of the remuneration to the beneficiaries so that to the greatest possible extent distribution will take place in accordance with the copying actually made. One third of the annual amount for payment shall, however, be used to support purposes common to the authors and others within the groups represented by the organization, cf. subsection (3). Section 40: For 1993, the remuneration per minute playing time for sound tape is DKK 0.045 and for videotape DKK 0.0625. The remuneration shall be adjusted annually by the rate adjustment percentage, cf. Act on a rate adjustment percentage."