EXECUTIVE ORDER ON PUBLIC LENDING RIGHT REMUNERATION
- No. 218 of March 29, 2000

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Pursuant to section 4(6), section 5(2), section 7, section 8(2) and section 9(2), of the Public Lending Right Remuneration Act, cf. Consolidated Act No. 21 of January 11, 2000, the following rules are laid down:


Persons entitled to receive public lending right remuneration

1.-(1) The following persons shall be entitled to receive remuneration under section 2 of the Public Lending Right Remuneration Act:
1) authors whose books have been published in Danish, unless the work concerned is a translation or a new version, a paraphrase or an adaptation from a foreign language;
2) translators and persons who undertake new versions, paraphrases or adaptations of books in foreign languages into Danish;
3) illustrators, visual artists, photographers and composers whose works are included in the books referred to in paragraph 1, or have been published separately in book form in Denmark;
4) illustrators who document to the National Library Authority that their works are created especially for translations, new versions, paraphrases or adaptations of works in foreign languages into Danish; and
5) other contributors to the books referred to in paragraphs 1 and 3, should it be documented to the National Library Authority that they have made a significant contribution to a title. However, no remuneration shall be paid for contributions produced under the terms of a contract of employment which includes editorial work.
(2) Subsection 1 shall likewise apply to literature recorded on sound tape, etc.
(3) Under section 4(2) of the Act the translators, etc. referred to in section 1, paragraph 2 shall receive only one third remuneration as laid down in more detail in section 7(4) and section 14(2) and the other contributors referred to in section 1, paragraph 5 shall receive only two thirds remuneration.
(4) Persons who have contributed to newspapers and periodicals shall not receive remuneration for their contributions. This shall also apply to persons who only have contributed cover illustrations or who have made minor contributions of texts or illustrations in books.

2.-(1) Under section 3(1) of the Act the following persons shall be entitled to receive public lending right remuneration should a person referred to in section 1 be deceased:
1) the surviving spouse;
2) a divorced spouse, provided that the marriage lasted for at least five years and that it was established as part of the divorce settlement that the person concerned is entitled to maintenance;
3) a surviving person with whom an entitled person cohabited at the time of death, provided that the cohabitation had lasted for at least five years; and
4) children under the age of 18 years, provided that the other parent is deceased or not entitled.
(2) If the persons referred to in section 1 are survived by more than one entitled person, under section 3(2) of the Act the remuneration shall be divided equally among them.
(3) Persons entitled pursuant to subsections 1 and 2 shall receive only half of the remuneration to which a person referred to in section 1 is entitled, cf. section 3(3) of the Act.

Registration

3.-(1) It is a condition for payment of remuneration for a given fiscal year that each entitled person as stated in section 18 before December 1 of the preceding year registers using a form which can be ordered from the National Library Authority, and furthermore provides the other information necessary for the calculation and disbursement of the remuneration.
(2) Further information, including a copy of any given book, shall be submitted on request to the National Library Authority.
(3) In cases where it is a condition for payment of remuneration that special documentation is provided, cf. section 19(1), the documentation shall be provided before October 15 of the preceding year.

Basis for disbursement of remuneration

4. The remuneration to the persons entitled pursuant to sections 1 and 2 shall be distributed according to a point system on the basis of the number of pages per title and the number of circulation units per title by which such persons are represented in the libraries' stock reports. The basis applying to sound tapes, etc. is the number of recorded minutes instead of the number of pages.

Circulation units and numbers of pages/minutes

5.-(1) The number of circulation units is determined on the basis of stock reports from the public libraries, the elementary school libraries and the Danish National Library for the Blind to the extent that the book stock of these libraries is registered in machine-readable form and that the reports contain the data necessary to calculate the remuneration.
(2) To be included in the basis for calculation the reports must be submitted in an electronic form which is technically suitable for further processing by the National Library Authority. To be included in the basis for calculation yearbooks shall be reported in such a way that the individual volumes are separate from each other.
(3) The National Library Authority shall lay down more detailed guidelines for the public libraries' reports.
(4) For circulation units of a given title at a given elementary school library two thirds of the reported copies additional to 15, rounded up to whole volumes, shall be excluded, cf. section 4(5) of the Act.
(5) By circulation unit is meant the smallest unit which is registered and reported separately by a library. The circulation unit for books shall be one volume and for literature recorded on sound tapes, etc. shall be one binder containing one or more sound tapes. Composite material, e.g. one book and one tape, shall together constitute one circulation unit.

6. On determining the number of pages/minutes the information provided in the National Bibliography (the national bibliographic database) shall be used.

Allocation of points

7.-(1) Books are allocated one point per page, whereas
1) picture books and cartoon albums are allocated 3 points per page,
2) sheet music (musical works) is allocated 6 points per page,
3) lyrical works (poetry) are allocated 6 points per page, and
4) Danish/foreign language and foreign language/Danish dictionaries are allocated 1/3 points per page.
(2) Books recorded on sound tape are allocated 1/2 points per minute, but so that
1) picture books and cartoon albums are allocated 1 1/2 points per minute,
2) lyrical works (poetry) are allocated 3 points per minute, and
3) Danish/foreign language and foreign language/Danish dictionaries are allocated 1/6 points per minute.
(3) Irrespective of the provisions of subsections 1 and 2 fiction for adults, apart from lyrical works (poetry) shall be allocated 1.35 points per page, respectively 0.675 points per minute with regard to primary contributors.
(4) Irrespective of the provisions of subsections 1 and 2 translations, new versions, paraphrases and adaptations from foreign languages shall be allocated 1/3 points per page, respectively 1/6 points per minute. Translations of lyrical works (poetry) are, however, allocated 2 points per page, respectively 1 point per minute.

8.-(1) Picture books and cartoon albums, cf. section 7(1) and (2), shall be books which in the joint bibliographical database of the public libraries and the elementary school libraries, and in library catalogues, are given the classification codes "bi" and "te".
(2) Sheet music (musical works), cf. section 7(1), shall be books which are registered as sheet music in the National Bibliography.
(3) Lyrical works (poetry), cf. section 7(1) and (2), shall be books which are registered as lyrical works (poetry) in the National Bibliography.
(4) Danish/foreign language and foreign language/Danish dictionaries, cf. section 7(1) and (2), shall be books which are registered as foreign language dictionaries in the National Bibliography.
(5) Fiction, cf. section 7(3), shall be literature which is classified as fiction in the National Bibliography. Literature for adults, cf. section 7(3), shall be titles which since 1976 have been defined as such by the Danish Library Centre in connection with registration in the National Bibliography.
(6) Translations of lyrical works (poetry), cf. section 7(4), 2nd sentence, shall be books which are classified as translated lyrical works (poetry) in the National Bibliography.

Distribution of remuneration among several entitled persons

9.-(1) With regard to books, apart from anthologies, etc., cf. section 10, for which more than one person is entitled to remuneration the point score allocated to a book in accordance with section 7 shall be distributed on the basis of the information in the National Bibliography concerning primary and secondary contributors. The National Library Authority may, however, in special cases, on application, deviate from this division into primary and secondary contributors, cf. section 19(1), paragraph 4 and section 19(2).
(2) If the book has one primary and one secondary contributor the point score shall be distributed at three quarters to the primary contributor and one quarter to the secondary contributor. If the book has several primary contributors, three quarters shall be divided equally among them. If the book has several secondary contributors, one quarter shall be divided equally among them. If there are only primary contributors to the book, the entire point score shall be divided equally among them.

Anthologies, etc.

10.-(1) The provisions of section 7(1-3) and (4), 2nd sentence, concerning the weighting of special types of literature shall not apply to the allocation of points for anthologies, other composite works or yearbooks.
(2) The point score for an anthology, another composite work or a yearbook shall be divided equally among the entitled contributors.

11. Contributions to encyclopedia, songbooks and other books with a very large number of individual contributions, shall only give entitlement to public lending right remuneration to contributors who are registered in the National Bibliography.

12.-(1) Anthologies and other composite works, cf. section 10, shall be books which are registered as composite works in the National Bibliography.
(2) Yearbooks, cf. section 10, shall be books which are registered as yearbooks in the National Bibliography.
(3) Encyclopedia and songbooks, cf. section 11, shall be books which are registered as respectively encyclopedia and songbooks in the National Bibliography.

Documentation

13.-A precondition for payment of remuneration in accordance with sections 9 and 10 with regard to
1) books with more than three primary or three secondary contributors within one category of persons entitled to remuneration (author, composer, illustrator, photographer, editor, etc.),
2) anthologies,
3) other composite works, and
4) yearbooks,
shall be that each contributor within the due date stipulated in section 19(2) has notified participation to the National Library Authority and on request has submitted a copy of the book's title page, colophon, list of contents or other full documentation listing the contributors to the book and showing that the contributions entail entitlement to public lending right remuneration.

Translations and translated contributions

14.-(1) Should several persons have translated one book, the point score shall be divided equally among them. The National Library Authority may, however, in special cases, on application, deviate from this distribution, cf. section 19(1), paragraph 6 and section 19(2).
(2) Persons who have translated contributions to books which cannot overall be described as translations shall receive one third of the point score to which they would be entitled according to sections 9 and 10.

Point value

15. Should no remuneration be distributed for certain proportions of the point score for a book with several contributors those proportions shall not be included in the total number of points.

16.-(1) The total number of points allocated on the basis of the provisions in sections 4-14 shall be set against the appropriation under the Finance Act. The National Library Authority shall then calculate the amount to be paid out per point for that year. Each entitled person shall receive remuneration equivalent to the number of points achieved by that person.
(2) The funds made available as a consequence of the limits set out in section 17 shall be distributed among the recipients of remuneration on the basis of new calculations.

Limits

17.-(1) Amounts less than DKK 25 shall not be paid. The entitled person shall be informed that the calculated amount is less than DKK 25.
(2) Under section 4(3) of the Act the public lending right remuneration shall be paid to an entitled person as follows:
1) amounts up to DKK 300,000 shall be paid without any reduction;
2) two thirds of amounts exceeding DKK 300,000 and up to DKK 400,000 shall be paid;
3) one half of amounts exceeding DKK 400,000 and up to DKK 500,000 shall be paid;
4) one third of amounts exceeding DKK 500,000 shall be paid.
(3) Under section 4(4) of the Act the limits set out in subsection 2 shall be subject to annual adjustment by the remuneration adjustment rate, cf. the Act on a Remuneration Adjustment Rate.

Due dates

18. Registration for public lending right remuneration in accordance with section 3(1) shall take place before December 1 of the preceding year in order to be taken into account on the disbursement of remuneration in a given fiscal year.

19.-(1) It is a precondition to obtain public lending right remuneration or an alteration of remuneration that the entitled person provides satisfactory documentation in the following cases:
1) Where an illustrator who has created the illustrations of a book wants the cover illustration included in the calculation of his or her contribution to the book, cf. section 1(1), paragraph 3 it shall be documented that he or she has created the cover illustration.
2) Where an illustrator who has created the illustrations of a translation, a new version, a paraphrase or an adaptation of a work in a foreign language into Danish wants to obtain public lending right remuneration, cf. section 1(1), paragraph 4 it shall be documented that the illustrations have been created especially for this translation, etc.
3) Where an editor or other contributor to a book wants to obtain public lending right remuneration in accordance with section 1(1), paragraph 5 it shall be documented that he or she has made a significant contribution to a title and that the contribution has not been produced under the terms of a contract of employment which includes editorial work.
4) Where a contributor to a book wants the National Library Authority to deviate from the division into primary and secondary contributors in the National Bibliography, cf. section 9(1), it shall be documented which special circumstances may justify such a deviation.
5) Where a contributor to a book with more than three contributors within the same category of persons entitled to remuneration or to an anthology, another composite work or a yearbook wants to obtain public lending right remuneration, cf. section 13, it must be documented which contributions there are.
6) Where a translator wants the National Library Authority to deviate from the equal distribution of the point score of a book among the translators of the book, cf. section 14(1), it shall be documented which special circumstances may justify such a deviation.
(2) In order to be taken into account on the disbursement of public lending right remuneration in a given fiscal year, application and documentation to be submitted in accordance with subsection 1, paragraphs 1-6 shall be sent to the National Library Authority before October 15 of the preceding year.

Payment

20.-(1) The public lending right remuneration for each fiscal year shall be paid to entitled persons or such persons' estates provided that the conditions for payment were fulfilled on January 1 of that year. The public lending right remuneration shall be paid once a year at the end of the month of June. Payment may take place at a later date as required by the circumstances of the entitled person.
(2) The entitled person shall be obliged to check the information shown on the title lists issued in connection with payment and shall notify any errors or omissions to the National Library Authority before October 15 of the year of payment.

Complaints, etc.

21. Under section 6 of the Act complaints against the distribution of the public lending right remuneration for a given fiscal year shall be submitted to the National Library Authority by no later than October 15 of that year.

22.-(1) Decisions made by the National Library Authority pursuant to section 21 may be brought before the Public Lending Right Remuneration Board which shall make the final administrative decision, cf. section 7 of the Act.
(2) The Board shall comprise three members. The Minister for Culture shall appoint the chairman, who shall be a person holding administrative and legal expertise, and one member who shall hold expertise in the library field. One member shall be appointed following nomination by the Danish Writers' Association as the representative of the entitled persons. The Minister shall appoint the members of the Board for terms of four years. The Ministry of Culture shall act as secretariat to the Board.

Allowance for gramophone records, etc.

23. Under section 8 of the Act an annual allowance shall be included in the Finance Act for distribution on the basis of applications to composers, songwriters, performing artists and others whose gramophone records, CDs, sound tapes and other sound-bearing material are in use at libraries. It is a requirement that such gramophone records, etc. have been published, i.e. put on the market or otherwise distributed to the general public in Denmark.

24. (1) The allowance shall be divided into two equal portions for the creative and the performing artists respectively. The amount shall be distributed on the basis of an assessment of the quantitative representation of the entitled persons at libraries by gramophone records, etc. Other general criteria may be part of the basis for decision.
(2) An application to be considered on the distribution of the allowance for the following fiscal year shall be submitted together with the information required to the National Library Authority on an application form which can be obtained from the Authority. The form shall be returned before December 1.
(3) Music groups, orchestras or choirs with 18 members or more shall submit a collective application. An entitled person may not apply individually for a contribution concerning a title if a collective application is submitted for the same contribution.

25.-(1) The allowance shall be distributed by a committee of seven members appointed by the Minister for Culture for a term of four years.
(2) One member (the chairman) shall be appointed by the Minister. One member and one deputy for that member shall be appointed on the nomination of respectively the Danish Composers' Society, the Danish Society for Jazz, Rock and Folk Composers, the Danish Songwriters' Guild, the Council of Performing Artists' Organizations, and the Danish Actors' Union. One member and one deputy member, who shall have special insight into the libraries' purchasing policy with regard to gramophone records, etc. shall be appointed on the nomination of the National Library Authority. The Minister shall appoint a vice chairman from among the members who are appointed by nomination. With the exception of the chairman no member of the committee may be reappointed immediately. The National Library Authority shall act as secretariat to the committee.
(3) The committee shall make the final administrative decision in respect of the distribution of the allowance.

Allowance for visual arts

26. Under section 9 of the Act an annual allowance shall be included in the Finance Act for distribution on the basis of applications to visual artists represented at the libraries by original works of art or slide series, graphics, photographs and posters. It is a requirement that such works have been published, i.e. put on the market or otherwise distributed to the general public in Denmark.

27.-(1) The allowance for visual art shall be distributed on the basis of an assessment of the quantitative representation of the entitled persons at in libraries holding visual art. Other general criteria may be part of the basis for decision.
(2) An application to be considered on the distribution of the allowance for the following fiscal year shall be submitted together with the information required to the National Library Authority on an application form which can be obtained from the Authority. The form shall be returned before December 1.

28.-(1) The allowance shall be distributed by a committee of four members appointed by Minister for Culture for a term of four years.
(2) One member (the chairman) shall be appointed by the Minister. One member and one deputy for that member shall be appointed on the nomination of the Association of Visual Artists. One member and one deputy shall be appointed on the nomination of the Danish Photographers' Association, the Danish Journalists' Union and the Danish Graphic Designers jointly. One member and one deputy member, who shall have special insight into the libraries' purchasing policy with regard to the visual arts, shall be appointed on the nomination of the National Library Authority. The Minister shall appoint a vice chairman from among the members who are appointed by nomination. With the exception of the chairman no member of the committee may be reappointed immediately. The National Library Authority shall act as secretariat to the committee.
(3) The committee shall make the final administrative decision in respect of the distribution of the allowance.

Coming into force, etc.

29.-(1) This Executive Order shall enter into force on April 15, 2000 and shall take effect as from January 1, 2000.
(2) Executive Order No. 256 of April 28, 1999 on the Public Lending Right Remuneration shall be repealed.

Ministry of Culture, March 29, 2000

ELSEBETH GERNER NIELSEN
/K. Groos