Denmark: collective agreements on authors' rights

Different Danish Newspapers


Excerpts from collective agreements between the Danish Union of Journalists and various media or media organisations



An example of the type of Internet agreement entered into on behalf of freelance journalists and 12 different magazines, trade union papers and newspapers. Thereafter the overall collective reuse agreement with the Danish Newspaper Publishers Association, the daily newspaper Politiken, the daily newspaper Berlingske Tidende, the daily newspaper Jyllands-Posten, TV 2 and the Danish Radio- and Television (DR 1 and 2).


All the excerpts include clauses on moral rights. For further details on royalty and other conditions please access the documents (not all are available) on the IFJ web site.


The model agreement that has been entered into by 12 periodicals, magazines, trade union papers, weeklies etc.


1. All editorial material covered by this agreement may be used (no matter when it was produced) in both the weekly magazine "………." and the Internet version of "…………..".


2. The Internet version of "……….." is subject to the same editorial management as the weekly magazine "…………". In all respects it must be ensured that editorial material is dealt with in correct journalistic fashion and with due regard for section 3 of the Danish Authors' right Act.


3. ……….. will inform everyone gaining access to the article database in the Internet version of "……….." of the authors' right restrictions applying to the use of the editorial material as follows:


"The articles are made available for display/reading purposes. Copying in electronic/digital form is not permitted (cf. section 12 of the Danish Authors' right Act). Hard copies may be taken for private use. Further use of the articles is subject to the permission of the journalists concerned. Contact to these journalists can be arranged via ………..."


4. From 1st January 1997 onwards a bonus of 12.5 per cent of the fee per article will be paid for any article supplied to the weekly magazine "…….." which is also used in the Internet version of "………..".


Articles published in the weekly magazine "……….." before 1st January 1997 may be included in the article database in the Internet version of "…………" in return for payment of 7 per cent of the fee paid originally per article.


5. Freelancers who are members of the Danish Union of Journalists must be informed of (and given a copy of) this agreement before entering into agreements concerning fees.


Excerpt from the agreement with the Danish Newspaper Publishers:


§9. The use of the material, that a third party is given license to according to this agreement shall respect the moral rights of the author as stated in the (Danish) legislation on authors‘ rights.


In all agreements between the newspaper and third parties it must be secured that the final use of the material will take place according to proper journalistic standards and in accordance with droit moral.


In specific cases an employee has the right to tell the editor in chief that a certain article or other piece of editorial material cannot be licensed for further use because of promises to sources or similar circumstances.


Excerpt from the agreement with the daily newspaper Politiken


§ 4. In connection with the further use of the editorial material it is the duty of the parties involved to avoid any use of the material that is likely to be detrimental to the integrity of either the journalist involved or Politiken, in which respect reference is made to general clauses concerning press ethics, media liability, authors' rights and good marketing.


A/S Dagbladet Politiken must in every contract with a third party stipulate that every use of the material must be in accordance with § 3 in the Danish law on authors' rights. It must also be clear that the authors' rights remain with the author (except from the specific uses that have been licensed).


In specific cases an employee has the right to tell the editor in chief that a certain article or other piece of editorial material cannot be licensed for further use because of promises to sources or similar circumstances.


Excerpt from the agreement with the daily newspaper Berlingske Tidende


Apart from the limitations for use of the material due to the framework agreement with the Danish Newspaper Association and the Danish law on authors' rights, especially the clauses on moral rights, the following is agreed:


1. The final use of the material in the electronic/digital media must be done in respect of the ethical and qualitative guidelines that exist for the editorial material in Berlingske Tidende.


2. The editing of the material must be conducted by the editorial staff of Berlingske On-line or Berlingske's other editorial units. This is also the case where the material is to be published by one of the co-partners of Berlingske.


3. The name of the author (journalist/photographer etc.) must be visible and it must be made clear that the material was first published in Berlingske, and when (date).


4. Berlingske Tidende has the duty to inform all its co-partners and third party users of this agreement and the stipulations in it and to see to it that the agreement is respected.


Excerpt from the agreement with the daily newspaper Jyllands-Posten


§ 3. The buyer of the rights of use must respect article 3 of the Danish Act on Authors rights.


Stk. 2. The parties agree that written articles, photographs and drawings cannot be used in connection with advertisement. Though, foreign users may use written articles to market the agreement with Jyllands-Posten.


Stk. 4. The parties also agree that in order to observe article 3 in the Danish Act on Authors' Rights it is the duty of third party users to name the journalist, photographer, cartoonist etc. in connection with every publication. It must also be visible that the material was produced for Jyllands-Posten.


Stk. 5. Copies must be made in extenso, including headlines and illustrations. The agreement on reuse must not give the customer the possibility of using the material in a manner that is apt to violate the journalistic integrity of neither the journalist in question or Jyllands-Posten.


Stk. 6. Far reaching agreements on reuse that give the customer a general right to reuse written articles from Jyllands-Posten can only be entered into with customers who in their employment have qualified journalists who can guarantee a proper journalistic handling of the material.


Stk. 7. It must be clear in every agreement with a customer that the authors' rights remain with the original author and that Jyllands-Posten only handles the material on behalf of the authors and the resale and reuse without the involvement of Jyllands-Posten is not allowed.


Stk. 8. In specific cases an employee has the right to tell the editor in chief that a certain article or other piece of editorial material cannot be licensed for further use due to his or her editorial or artistic integrity and conscience or because of promises to sources or similar circumstances.