By: Henrik Moltke Presentation at CCi Legal Day 2008 in Sapporo, Japan http://wiki.creativecommons.org/CCi_Legal_Day_2008

1. THE DANISH MODEL
• KODA administers public performance rights for 30k Danish composers,
songwriters and music publishers + reciprocal contracts with foreign sister
societies.
• KODA payments represent about 30-40% of an established, young artists’
income. *
• KODA works; tightly knit, accepted, unrivaled.
• Broadcast and cable represent about 75% of KODAs income.
• CC irrelevant without KODA’s support
• For CC, KODA helps gain trust from artists
• KODA wants to appear dynamic & up-to-date, get goodwill from artists
* Mikael Simpson - http://www.mikaelsimpson.dk/

2. THE DANISH MODEL
• KODA members (and all rights holders) must read and sign an agreement
prior to using the CC license engine.
• NC only. NC to be interpreted following CC guidelines specific to the
KODA trial.
• Broadcasters (except non-profit local radio with zero ad revenue) are
commercial.
• No ads.
• KODA touts irrevocability, potential errors, administrative / practical
inability to collect / enforce licenses; “The license is eternal and KODA
cannot start collecting towards non-commercial use in the future since
waiving the agreement would be without effect.”

3. • The fine print: CC DK GUIDELINES for interpretation of “non-
commercial”
by DR.THOMAS RIIS, Copenhagen Business School (Legal Project Lead)
• “Non-Commercial user” is
• 1. An individual
• 2. A non-profit educational institution or a public library
• 3. A non-profit organisation, institution charitable organisation etc.
• ISPs, copyshops and other service providers acting on behalf of a “Non-
Commercial user” --> non-commercial
• Advertising etc.
• a: if work is used in connection with advertising, sponsorship or promotion of
third party products or services --> commercial
• b: If a webpage contains “click through” ads etc. in order get access to CC
content --> commercial

4. • “Remuneration as a condition of use”
• a) services
• - If a consideration in money or money’s worth is received for a service
provided in connection with a Creative Commons licensed work -->
commercial
• - If a remuneration is received for a service provided (e.g. by a copy shop) on
behalf of a user and this service is of limited significance and subsidiary to the
use of the licensed work (e.g. a compendium for a course at an educational
institution) --> non-commercial
• b:) concerning works
• - if money / other value is exchanged in connection to the use of the CC-
licensed work --> commercial
• If a Creative Commons licensed work is used in connection with a request for
voluntary contributions (donations, supporting membership or the like) for the
benefit of an individual, an educational institution or a non-profit organisation
-->Non-Commercial.

5. Download the guidelines:
http://creativecommons.dk/NC_KODA.pdf