2.4 Copyright
1. General principles for the use of materials
1.1 The provisions on copyright in the collective agreement are intended to facilitate and promote reasonable and profitable development of business operations. The competition between newspapers/magazines and other areas of media forces them to search for new operational models.
1.2 The journalist or photographer is not permitted, without the publisher’s authorization, to use, for his/her own purposes, or to forward any material that he/she acquires or receives knowledge of during his/her period of employment.
2. Materials protected by copyright
2.1 Copyrighted materials are texts that exceed the work threshold in signifying that they are
unique and original texts, and photographs.
2.2 Materials considered to be outside of the scope of copyright protection are generally factual
accounts, news or current reports, whose purpose is to describe, without artistic effects or scientific analysis, national and international events. This type of material may be used freely. The information in protected materials may also be freely used as background information.
3. The use of copyrighted materials in newspapers/magazines
3.1 The employer holds the right to the primary use and reuse of protected materials (texts and photographs) created within the employment relationship in the newspaper(s)/magazine(s) specified in the employment contract between the employer and the journalist. Once the employment relationship terminates, the employer is permitted to continue to use the materials to the same extent as permitted during the employment relationship. These provisions are not applicable to employment relationships that have terminated prior to the provisions’ entry into force.
(Rights extending beyond the employer’s single publication right and the termination of the employment relationship have entered into force as follows:
- reuse of a photograph 23 January 1986
- reuse of a text 14 March 1995
- right to use material in electronic media communication 23 January 1986
- surrender of electronic archives for private use 1 January 1994)
3.2 The right to text materials created during the course of the journalist’s employment returns to the journalist upon the publisher’s notification that the materials will not be published. If notification of the later publication of materials is not given within three months from the date that the ready material was surrendered to the publisher’s representatives, the rights transfer to the journalist. The rights transfer to the journalist within the limitations stipulated by the provisions in section 2.3 of the collective agreement.
4. The use of copyrighted materials in an archive
4.1 The employer can also offer customers sections of the newspaper/magazine, individual articles or selections for private use from an electronic archive. This service does not grant the customer the right to publish or forward the material received.
The use of materials in which a limited number of copies are made for educational purposes, private research projects or activities without commercial gain is considered to be private use, as is the acquisition of professional information that will not be used in official or company activities expressly, for example, in order to carry out a specific measure, manufacturing a product, or for publishing activities or other commercial purpose.
4.2 If the employer grants the customer extended rights to the materials in the copyrighted electronic archive, beyond those mentioned in 4.1, the use of these materials must be negotiated locally in accordance with the provisions mentioned later.
5. Other distribution channels
5.1 The employer has the right to use copyrighted texts created for the newspaper/magazine in order to send, in accordance with the technical distribution channels available and the customer’s wishes, a newspaper/magazine or portion thereof to a customer for reading purposes. The distribution channel may also be in the form of an electronic medium or other electronic format such as an on-line connection or CD-ROM.
5.2 An employer, who, in addition to newspaper/magazine publishing, carries out communications over electronic media under his/her control, may use materials intended for publication or that have previously been published in the newspaper/magazine in electronic media communications without being liable to pay compensation. This authority exists if the publisher is the sole owner or principal shareholder in a company engaged in such programme activities. The authority is also accomplished if the publisher, acting alone and in his/her own name, acts as the producer of the programme or content entity in such electronic media communications. This right includes the editorial handling of the materials as required by the specific medium. The materials cannot be used in any way that would injure the moral rights of the author/photographer.
5.3 The use of final materials, that are as yet unpublished, in electronic media communications prior to their publication in the intended newspaper/magazine requires the approval of the chief editor of the specific newspaper/magazine.
6. The use of copyrighted materials in advertising
6.1 The employer has the right to freely use both texts and photographs in any circulation and
PR activities that are considered part of customary advertising practice.
6.2 Materials created for a newspaper/magazine are traditionally used in placards, notifications, television advertisements and, for example, direct mail advertising. The right for use in a new, similar type of advertising is naturally possible.
6.3 The provision in section 2.7 of the collective agreement is also applicable to advertising usage, stipulating that the journalist or photographer may not be used in the advertising in such a way that may injure their rights to privacy. If it is desired that the journalist or photographer be used in the advertising in any form outside of the normal practice, i.e. the publication of the person’s name and photo, a separate agreement must be made.
6.4 The use of protected materials in a way other than the aforementioned must be agreed upon jointly by the employer and the employee.
7. Other uses of copyrighted materials
The use of protected materials in a way other than the aforementioned must be agreed upon separately. The agreement may be part of the employment contract (model contract in the collective agreement) or may be settled locally as explained below. The agreement will be made in writing in advance along with an agreement regarding the compensation principle.
8. Local agreements
8.1 Archive service for other than private use
Use of the archive that extends beyond the private use defined in section 4.1 must be agreed upon locally.
Regardless whether an agreement about the archive service can be reached locally or not, the publisher may provide extended archive service beyond private use. In the extended archive service, customers can be provided with materials for official or company use (such as internal information activities, maintenance of files, training materials and presentations). This right provides customers with the right to produce copies of copyrighted materials for their own use, but does not grant them the right to publish or forward these materials.
In such a case as the publisher has made a decision on an extended archive service, an annual lump-sum remuneration of FIM 650 will be paid to an editorial employee working as a journalist at the start of the archive service and at the start of the second year of activity. At the close of the second year of activity, the wages of employees involved in this arrangement will be increased by 0.3 per cent. This arrangement does not apply to employees that, based on their employment contract, have been hired to produce the services specifically referred to here, nor does it apply to employees whose employment relationship does not extend beyond three months.
If a compensation system other than the aforementioned has been agreed upon locally and a decision is made to terminate the arrangement, the wages of the employees involved in this arrangement will be increased by 0.3 per cent.
8.2 Promotion of local agreements
The various uses of protected materials differs significantly from company to company. For example, there may be a desire to use such materials in other newspapers/magazines published by the same publisher, to exchange materials between two publishers, to surrender material to an external party or for another such use.
When the extended use of these protected materials is negotiated locally, the following issues, among others, have been taken into consideration:
- the financial benefit gained by the publisher from the arrangement,
- the development of the company’s competitiveness and products,
- both the need to rationalise production and employment of the staff
- the possibility to direct resources into improving the content quality,
- the impact of the arrangements on the content and requirements of the work activities
- the fairness of the compensations possibly agreed on for the arrangements
In order to facilitate the local negotiations of copyright issues, a work group will be established in which, in addition to the shop steward, the journalists may be represented by another person selected by the editorial staff. The employer selects his/her/their own representation for the negotiations. The negotiation result is signed by the person named by the employer and the shop steward. The final contract is sent to the unions for information.
8.3 Settlement proceedings
If negotiations regarding copyright cannot reach an agreement locally, the issue may be settled in arbitration proceedings agreed on by the unions. In this case, the unions shall name an external arbitrator/mediating board, whose costs are split by the unions.
Either party involved in the local negotiation can initiate settlement proceedings.
In the settlement proceedings, the arbitrator/mediating board will suggest a solution to the local parties. The parties may choose to approve or reject the solution.
The unions jointly recommend that, in order to maintain the current training grant system based on KOPIOSTO compensations, a note can be included in local agreements that the agreement does not affect the current KOPIOSTO rights of authors/photographers.
Application instruction:
Regarding the photojournalist’s right to a photograph
Photojournalists’ rights to a photograph are defined by the provision on copyright in the collective agreement.
The issue regarding the forwarding of copyrighted photographic material acquired during the employment period, and the compensation payable to the photographer (photojournalist) as result of such forwarding should be settled in writing in advance.
The provisions on copyright in the collective agreement regarding the forwarding of copyrighted photographic material acquired during the employment period, and the compensation payable to the photojournalist as a result of such forwarding, do not apply to a picture agency that supplies the newspaper/magazine with photographs nor any photojournalist who is employed by such an agency, unless otherwise agreed upon by the employer and the photojournalist. This does not, however, limit the photojournalist’s legal rights within the employment relationship.
