Table of ConTenTs:
Transcription
Table of ConTenTs:
Table of Contents: WHY KODA? 02 Prime Mover in Online Services 04 International and National Perspectives and Collaborations 06 HIGH MARKET COVERAGE 10 CULTURAL CONTRIBUTIONS 12 A MUSIC IMPORTING COUNTRY/COPYRIGHT PROTECTION 14 Statements from the Chairman of the Board 16 Accounts 18 Contacts 20 Annual report Why KODA? by Managing Director Niels Bak Rights management : past, present and future We are prepared for the future. For some considerable time, we have planned our development in the future scenario in which all rights societies must deserve their repertoire by being efficient and by collaborating with the music industry and the rights societies. As well as through dialogue, transparency and openness. We excel in ensuring income as well as fast and reliable settlements for music rights holders. That is our business! KODA is a well-known and consolidated brand in Denmark, but mostly unknown outside our country’s borders. However, we are more than ready to change this! With the rapid changes in the international music business, the main concern for the collective rights societies is to optimise profits for rights holders. Choosing us to administer your music rights is the only sensible decision seen from a business perspective. The best society We are constantly looking for ways to expand and improve our business. We have one of the highest incomes per capita, a very high market coverage, an efficient technology base and our administration costs stay at an extremely low 11 percent each year. Now, we are looking forward to new, international collaborations. The essence of our business is to create value for the music rights holders. But in today’s world, it is no longer enough to do 0 “ KODA is a serious and competitive business partner and we are not afraid to benchmark ourselves internationally as well or better than our sister societies. We also have to obtain better financial results for our rights holders than they are able to achieve themselves in order to attract repertoire. Know-how, infrastructure and collaboration skills KODA has built up a considerable licensing know-how and a valuable, efficient infrastructure, in collaboration with NCB (Nordic Copyright Bureau) for the mechanical rights as well as with our Nordic sister societies in general. We are ready to collaborate with all publishers and rights societies and we do not seek exclusive partnerships. We believe that partnerships and collaborations which keep costs low and ensure efficient service are the best ways towards increased competitiveness. The world repertoire is crucial There is nothing more crucial for KODA than the ability to have access to the entire world repertoire of music, irrespective of whether it is for offline or online usage. This is what matters for us, and it is not important to us whether this is achieved through reciprocity, direct representation contracts or member contracts. This is what we will be working for in the near future. The manner in which we present ourselves in this annual report is new. Until now, we have concentrated on solving our tasks in relation to the rights holders. Now, we have recognised that we have to draw attention to the results that we obtain and to persuade the multinational publishers and sister societies that KODA, when it comes to music usage in Denmark, can create far better results than alternative ways of administering “ KODA´s administration costs (%) 1998-2007 We are privileged to live in exciting times and it is our task to change the way rights holders make money, so that they can make a living. Breakdown of KODa´s Total Revenues for Performing RIGHTS 2007 % 25,000,000 14.0 12.0 20,000,000 10.0 15,000,000 08.0 06.0 10,000,000 04.0 5,000,000 1998 1999 2000 2001 2003 2002 2004 2005 2006 Annual income per Capita 1998-2007 2007 Radio & TV Satellite & Cable 12.0 Private Copy General Church Remunera- Performance Services tion Licensing License Revenues Affiliated Societies Interests 2006: 63,446,084 2007: 66,822,278 10.0 KODA: looking ahead – always! Income in Euro 08.0 Five good reasons to choose KODA: 1) High income per capita 2) Low administrations costs 3) Efficient systems 4) Innovation 5) Collaboration 06.0 04.0 02.0 00.0 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Annual income per capita 0 “ online licensing and registration Prime mover in We make it simple for our customers across national borders – and therefore profitable for our members. The Internet has provided new opportunities for music usage and as a result, new opportunities for music licensing have arisen. At KODA we are prepared to license any kind of music use, as long as the rights holders receive fair compensation. The Nordic collective rights societies have collaborated in the field of online licensing for the past few years. As a result, efficient online systems have been implemented for the efficient and service-minded handling of customers and members. We are currently working very closely with our Norwegian sister society TONO on future IT systems. Our Customers We closely monitor Internet music use by Danish endusers and we have been licensing Internet music usage with great efficiency since 1996. Our IT development department provides us with online systems for customers, and as a result we have implemented an online licensing shop, where customers can easily sign up for the most common Internet music usages. This makes the licensing process simple for our customers and highly cost-effective for us. Licensing across borders The Internet only reluctantly respects national borders and international music users therefore have a great need for 0 KODA has a negotiated tariff with Danish download stores. By international comparison these stores give rights holders very high payments (12 per cent of the end user price) cross-border licenses. We always strive to facilitate crossborder online licenses with other societies. Our Members At KODA all desired services are available online – for publishers, composers and songwriters alike. Several of these online services have been developed in-house by our own IT staff and are now shared with several other Nordic rights societies and NCB (Nordic Copyright Bureau). Online services for composers, songwriters and music publishers Composers and songwriters can register any new song directly at www.koda.dk in a service called “MyKODA” and see their own archive of registered songs. Upon signing a contract with a composer/songwriter, music publishers simply report all new songs electronically. The registration of entire song catalogues in various formats is also an option. When a song is played publicly on TV or radio, the reports are automatically registered online. Live concerts are easily registered online for both national and international concerts. Invoicing is done directly to the user’s bank account and all relevant information regarding what, and how often, songs have been played is listed on MyKODA. The search function in KODA’s song database is available to everyone. “ KODA´s profits 1998-2007 40,000,000 35,000,000 30,000,000 25,000,000 20,000,000 We collect greater revenues by ensuring that clearing music rights for online use is not an obstacle for our customers “ 80 pct. of our members’ song registration is carried out in our online system MyKODA. The system also provides confidential royalty statements for each member “ In 2007, 23,000 concerts were registered through our online system MyKODA. This constitutes 88 pct. of all potential concerts for online registration and 65 pct. of all reported concerts 15,000,000 10,000,000 5,000,000 1998 1999 2000 2001 2002 2003 2004 2005 Radio/TV and Satellite/Cable General Performance Licensing/Private Copy Remuneration Other profits 2006 2007 “ As per April 1st 2008 MyKODA had 14,000 unique online users. This is a very high figure compared to the fact that only 12,769 members received remuneration from KODA in 2007 0 International perspective and collaborations KODA is an active player in international collaborations and debates. With the increased international focus on collective rights management, we feel a need to inform multinational music publishers, international rights holders and our sister societies about KODA’s work and, more importantly, about our ability to efficiently administer rights and with very high payments to the rights holders in return. International collaborations Our international work also involves participation in the international copyright organisations. Through NCB (Nordic Copyright Bureau) we participate in the work carried out by BIEM. We take an active part in the debate on copyright at all levels – both internationally with regard to discussions with EU politicians and officials, as well as nationally where we always defend copyright and our members’ rights. Initiatives from the European Commission In 2005, the European Commission issued its music online recommendation, under which rights holders were encouraged to exercise their online rights in new ways. KODA fully respects the choice of rights holders in the administration of their rights. The natural consequence for us is to focus even more on being the favourite partner for rights holders and rights managers with regard to licensing in Denmark. We can only achieve that goal by having the 0 highest standards for licensing music users and by maintaining a high degree of transparency and dialogue with rights holders and rights managers. In 2008, the Commission has launched a public consultation on online content. The Commission’s goal is to issue a recommendation regarding new ways of achieving a single market for online content. KODA participates actively in this consultation because we acknowledge that it is of great importance to help provide music users with legal access to the rights they need. On the other hand, we have a duty towards the rights holders to ensure that the value of the rights that are entrusted to us is not diminished. The CISAC Statement of Objections In 2006, the European Commission launched a case against the European collective management societies and CISAC – the worldwide umbrella organisation for collective management societies. In a nutshell, the European Commission is in favour of giving music users a greater choice of where to obtain the necessary licenses, which preferably should be as broad in scope as possible. CISAC and the collective management societies are working on future models that address the issues that have been raised by the Commission. Obviously, KODA is also part of this process, and our objective is once again to balance the need for music users to have easy access to the rights they need, while at the same time making sure that the value of the rights is not diminished. “ We are very proud to be on the top 10 once again and we rejoiced when we heard the news. To be on the top 10 two years in a row is very impressive and it is especially exciting since we are about to release our first single from the follow up album to “From Paris to Berlin”. Being a member of KODA is a gift to us artists. KODA does a great job to ensure that we get money when our music is used.” Lina Rafn, Infernal (on top 10 most played artists abroad in 2006 as well as in 2005) Pr Photo Photo: Klaus Holsting “ Our contract with KODA means that we can offer the Danish population a far more extensive selection of music on radio, TV and new media in the coming years. Within DR, we are pleased with the collaboration with KODA because it benefits the music makers as well as our listeners and viewers. This way, the artists are ensured correct and efficient payment for their music and DR – as well as other radio and TV stations - have access to play the music they wish.” Kenneth Plummer, CEO Danish Broadcasting Corporation (DR) Photo: Bjarne B. Hermansen “ I am one of KODA’s supporters. I believe in the idea of collective copyright management. In Denmark we have a strong tradition for collective copyright administration. I believe that KODA and similar organisations in other countries do an important job, not just for the copyright owners but also for music users so that they have an easy and legal access to the world music repertoire. I appreciate the job done.” Brian Mikkelsen, The Danish Minister for Culture (at the opening of the CIAM conference 2003). The 10 most frequently played Danish compositions abroad (based on 2006 registrations) NO. TITLE COMPOSER/SONGWRITER ARTIST 1 SUPERSTAR HANSEN MICH HEDIN, SIGVARDT MIKKEL, BELMAATI JOSEPH JAMELIA/CHRISTINE MILTON 2 FROM PARIS TO BERLIN LAGERMANN PAW, RAFN LINA, POWERS ADAM INFERNAL 3 PLAYED ALIVE SAVERY UFFE, FRIIS MORTEN, PARSBERG MICHAEL SAFRI DUO 4 SOMETHING ABOUT YOU JAMELIA, BIKER PETER, SOULSHOCK JAMELIA 5 TANGO JALOUSIE GADE JACOB DIVERSE KUNSTNERE 6 NO PROMISES SCHRØDER JONAS, SIEBER LUCAS BRYAN RICE 7 BARBIE GIRL RASTED SØREN, NORREEN CLAUS, DIF RENE, NYSTRØM LENE AQUA 8 MOVE YOUR FEET MORTENSEN JESPER JUNIOR SENIOR 9 THANK YOU SOULSHOCK, BIKER PETER, JAMELIA JAMELIA 10 SUNSHINE REGGAE GULDBERG JOHN, STAHL TIM LAID BACK 0 National collaboration in licensing Strength through partnerships It is a fundamental part of KODA’s work to collaborate with other performing rights and mechanical rights collective management societies around the world, as well as to collaborate within our national boundaries. Collaboration and dialogue is a very important tool for KODA, because it helps the music users to license all necessary rights and thereby also enable us to collect royalties for the rights holders. In addition, this kind of collaboration also gives us strength in the political processes. We have always had a very close collaboration with NCB which manages mechanical rights in the Nordic/ Baltic countries. Regarding anti-piracy we also have an indepth collaboration with other categories of rights holders in the music and film industry. Making it easy for the music users The purpose of the collaboration across different rights categories is to make it easier for music users to legally obtain all the rights they need for the service they wish to launch. By developing joint licensing models we create true one-stopshops for music users, covering all rights. These models make it simple for music users to acquire rights, and the more music users are able to acquire the rights, the more money KODA will be able collect for the benefit of the rights holders. Another positive side effect of this kind of collaboration is that it makes rights management more efficient because the cost of licensing to music users is divided 0 amongst the involved organisations. KODA collaborates with other neighbouring rights organisations such as IFPI Denmark, Gramex and Copydan on licensing rights for public performances, cable retransmission, online music usage for public performance rights as well as for mechanical rights (with NCB) and a number of other areas. Deals on archive digitalisation and on free music through telco subscription In 2007, KODA was one of the main driving forces behind a colicensing deal which involved all relevant rights holders for radio and television broadcasts that have been broadcast by the Danish Broadcasting Corporation (DR). The new agreement makes it possible for DR to digitise all of their archives and present the material online. The agreement is unique insofar as all relevant rights holders are included in one single agreement with DR. If the negotiations had failed it is very unlikely that the archives could have been made available to the public and, as a result, the rights holders would lose the royalties derived from the service. In April 2008, Danish company TDC was the first telco in the world to present a free music license for all their customers with phone or broadband subscription. KODA managed to obtain an agreement with TDC which during the next two years more than triples online music remuneration for the rights holders we represent. We expect to expand the collaboration with TDC as well as enter into similar deals with other companies in the future. “ Top10 on Danish Broadcasting Corporation 2007 DR Radio P3; (equivalent of BBC Radio 1) Collaboration creates invaluable synergies to the benefit of both rights holders and music users No. Title Artist Music/Lyrics Publisher Label 1 Makes Me Wonder Maroon 5 Adam Levine, Mickey Madden, Jesse Carmichael Universal/MGB Scandinavia AB Universal Music 2 Golden Skans Klaxons Jamie Oliver Reynolds, James Nicholas Righton, Davies Simon Taylor Universal/Polygram Music Publishing Universal Music 3 10.000 Nights Of Thunder Alphabeat Anders Bønløkke Good Songs Publishing Copenhagen Records 4 Ruby Kaiser Chiefs Andrew White, Nick Baines, Nick Hodgson, Ricky Wilson, Simon Rix Universal Musica Publishing Polydor 5 Lommen Fuld Af Guld Torrpedorr Adam Svendsen, Emil Ekelund, Rasmus Eshøj 6 A Blast Beat Dúné Mattias Kolstrup, Ole Bjørn Sørensen, Anne Cecilie Dyrberg, Piotr Wasilewski, Malte Aarup-Sørensen, Simon Troelsgaard, Danny S Jungslund Iceberg Publishing A/S Iceberg Records 7 The Sweet Escape Gwen Stefani/Akon Gwen Stefani, Aliaune Thiam, Giorgio Tuinfort Kobalt Music Publishing, Misty Music A/B, Sony ATV Music Publishing Scandinavia Interscope 8 Grace Kelly Mika Dan Warner, Jodi Marr, John Merchant, Michael Holbrook Penniman Universal Music Publishing, Universal/Polygram Music Publishing, Sony/ATV Music Publishing Island Records 9 What Goes Around Justin Timberlake Nate Hills, Timothy Mosley, Justin Timberlake Warner/Chappell Music Scandinavia AB, Universal MGB Scandinavia Sony/BMG 10 Mexico ligger I Spanien Nephew Simon Kvamm, Søren Arnholt Rasmussen, Kristian Riis, Kasper Toustrup, René Munk Thalund Example showing how many rights holders there are for each song on Danish National Radio’s top 10 2007: At present, all a KODA customer needs to do in order to start an Internet radio with the above 10 songs, is to fill out an online form at KODA.DK and contact Gramex (the collective rights management society for Danish record companies). When an agreement is signed, the Internet radio can be launched. If the present reciprocal agreements between the rights societies are Various compilations Copenhagen Records deemed illegal by the EU and if the music publishers withdraw all online agreements from the societies, a future scenario is: A KODA customer has to contact all rights holders for each song. – A time consuming job - and the result may well be that the customer decides against starting an Internet radio. KODA’s aim is to make access to music easy and legal - and therefore we do not believe that this potential future scenario is profitable for our members or our customers. 0 High market coverage Efficient customer service The market for background music in shops and restaurants is growing and the market for online music use is exploding. These are important markets and new ways of using music to give added value to businesses arise continuously. Therefore, it is important to facilitate easy and legal access to the music – and to update tariffs that reflect the value of the music. KODA recognizes that it is crucial to promote music and the value of music. We give high priority to creating a good customer relationship with efficiency, quality and service as the key words. We offer efficient online registration systems as well as personal service by phone or at our reception front desk. In addition, we stage customer events and workshops where our expert consultants provide guidance in the commercial use of music. Easy to be legal It has to be simple to be legal as far as music use is concerned. And we make it simple through a unique collaboration with IFPI Denmark and the performing musicians’ society Gramex. This way, our customers pay in one place only – at KODA. Thus, we collect payment for music publishers, composers and songwriters; but also for the musicians and the record companies. The effect of this simplicity is that the use of music increases and our market coverage widens. And – most importantly – it minimises our administration costs. This ultimately collects more money for our members - the music publishers, the composers and the songwriters. Music through the eyes of the customers Our customers are radio, TV, Internet, shops, workspaces, concert halls, restaurants, hotels etc. The commercial value of music is of great interest to our customers because music adds value to a product. Therefore, we invest considerable resources in analysing the use of music in public 10 10 “ We have the highest market coverage in the world per capita spaces. In this way, we are able to guide our customers to use music in ways that enhance their products and generate added value. Simultaneously, we ensure that our members’ music is “sold” at the right price. By collecting revenues with the customers in mind, we get the best financial results. Our customer database is large – not because there are proportionally more music users in Denmark than in other countries - but because we are able to make quality agreements which benefit our customers. Creating awareness about the value of music among our customers gives customer satisfaction and this in turn affects the level of income for our members. We have excellent online services for contracts and registration, but we also meet our customers in person and at eye level at tailor-made workshops and events that focus on how music determines the atmosphere in their businesses and reflects the desired image in a shop or restaurant. In short, how music positively affects our customers’ business profits. Extensive market coverage Our market coverage is among the highest in the world compared with other rights societies. And we have more customers per capita than any other rights society. We now have more than 66,000 customers in our database, which is one of our most valuable tools. We have negotiated many fixed collective contracts with chain stores, unions, societies and other groups. Through various simple initiatives we are able to monitor the development of the market and quickly spot new business areas. Among other things, we employ travelling consultants who are trained to give quality advice on the use of music for new as well as old customers. Advice from our consultants on music simply equals added value for the customer’s business. “ KODA income 2007 - other public performances Annual income per Capita 1998-2007 12.0 Total: 21,536,089 30.4% 19.0% 10.0 08.0 Income in Euro We analyse the value of music, and thus we ensure that our members’ music is “sold” at the right price 17.9% 06.0 5.0% 04.0 2.7% 1.6% 02.0 Restaurants, hotels etc. 00.0 1998 1999 2000 2001 2002 2003 2004 2005 2006 Cinema Music in shops Musik in work spaces 2007 Annual income per capita Other background music Concerts Entertainment Remuneration from concerts 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 2000 2001 2002 Classical concerts 2003 2004 2005 2006 2007 23.4% 6,553,255 1,074,082 5,041,708 348,953 567,417 3,855,108 4,095,566 Facts In 2007, our six consultants drafted 856 contracts with new customers (shops, restaurants and hotels) in Denmark , which has a mere 5 million inhabitants. Our consultants visit approx 45 customers daily, throughout the country. We have more than 66,000 customers in our database. Our market coverage is 40 percent of all hotels, restaurants and shops – a very high coverage considering that many of these do not use music in their localities. Other concerts 11 11 Cultural Contributions - A tool for national branding, leading to good reasonable tariffs. Each year, 10 percent of KODA’s net result is allocated to Cultural Contributions. The sum is invested in national upcoming artists in Denmark – a small country and a “small” language. The end result is more money for all rights holders, national as well as international. KODA invests in Danish music culture through Cultural Contributions that support the image of copyright and increase user willingness to pay for music. Thus, Cultural Contributions is an investment that strengthens our national image and – in particular – ensures and strengthens the political support for our cultural function in society. This acceptance, in effect, enables us to ensure reasonable tariffs for our members. Big international rights holders make money due to our Cultural Contributions. Why? Our support for national music culture shows legal and political authorities that we are a democratic organisation with great significance for Danish culture. If we were instead perceived as a commercial organisation, the general acceptance of paying for music would decrease significantly. The money allocated for national upcoming artists is partly recycled in the “system” because the ventures made possible by Cultural Contributions are given tariffs which otherwise would not exist. 12 12 Supporting national music increases musical diversity internationally. This diversity is important for the development of the music business as a whole. We make more money per capita than the majority of collective rights management societies, in particular than the societies without Cultural Contributions. This is again, due to the national acceptance of our function. Facts: Our Cultural Contributions are provided for cultural purposes only, and not for social purposes, pensions or the like. We provide full transparency in our accounts, also regarding our Cultural Contributions. There a no Cultural Contributions deducted from online sale when substituting physical sale. In 2007, our Cultural Contributions amounted to 5.1 million euro. The money went to direct member support e.g. Concert and tours, scholarships, promotion material, courses and workshops etc. as well as events supporting national music and festivals, for example: A one day festival for Danish music “Spil Dansk Dagen”. An upcoming stage at Copenhagen Jazz Festival. A two day festival for upcoming bands, SPOT Festival. Workshops and seminars for songwriters. Employment of KODA’s Cultural Contributions 2007 in Euro Total: 5.11 mio. 23,347 274,924 273,360 806,992 178,022 1,219,598 662,824 351,052 261,088 112,869 954,562 Elderly and disadvantaged members (temporary subsidies) Production, releases and/or distribution of recordings Production of sheet music Grants for studies, work or travel Accomodation Concerts Prizes etc. Courses, workshops etc. PR activities etc. Organisation and other administration expenses (max 20%) Other purposes The upcoming Danish band Oh no Ono has received Cultural Contributions for their second album, and although their debut album was relatively successful, sales only amounted to a few thousand copies: ”We are in the middle of a very creative process making our new album. We are working intensely with our music and expression and this would not have been possible without help from KODA’s Cultural Contributions Singer, Aske Zidore, Oh no Ono 13 13 KODA sent PAYMENTS TO AND FROM ABROAD more than 26 million euro abroad in 2007 A music importing country – with a strong music culture and close collaboration on copyright protection. On average, each and every Dane listens to music more than 2.5 hours a day – and music therefore plays an important role in our society. Our national music is very popular, and the most frequently played songs are often Danish. Copyright protection is high in Denmark and the rights holders enjoy much respect in our political life. This strong music culture is reflected in the large group of KODA-members, amounting to no less than 32,000. A very high number compared to Denmark’s mere 5 million inhabitants. However, only approximately one third of our members are active and productive and, thus, receive payments from KODA each year. Import much greater than export Even though music is very popular in Denmark, we remain a music importing country. This is reflected in our financial review in the distribution of remunerations in Denmark and abroad. In 2007, KODA sent just over 26 million Euro to rights holders outside Denmark, equalling approx 56 percent of the total remuneration. In the past few years, the foreign share has increased slightly as a result of the growth that has taken place primarily in areas with a high share of foreign repertoire. As seen in the table to the right, KODA paid 26,056,207 Euro to foreign rights holders while receiving only 4,294,226 Euro. In the next few years, we expect an increase in revenues from abroad, partly because of a handful of very successful Danish songwriters/bands and partly because of the international success of Danish feature films. Number of Danish musical works in KODA’s database 14 14 2000 2001 2002 2003 2004 2005 2006 2007 373,519 399,359 418,999 446,911 478,095 539,970 576,160 610,533 EUR EUR Received 2007 from 2006-2007 + / -% Distributed 2007 to 2006-2007 + / -% STIM, SWEDEN 848,196 -12% 9,014,252 -21% PRS, UK 481,566 33% 5,155,327 8% ASCAP, USA 112,877 -22% 3,496,101 -5% BMI, USA 51,023 -1% 3,074,595 -13% GEMA, GERMANY 463,315 -14% 1,437,590 3% SACEM, FRANCE 307,001 -18% 1,200,842 6% TONO, NORWAY 457,537 11% 662,149 2% SOCAN, CANADA 34,751 -47% 437,337 -7% 210,776 20% 265,440 30% - 0% 220,729 21% 66,581 5% 201,169 -21% 15% SIAE, ITALY SESAC, USA APRA, AUSTRALIA BUMA, THE NETHERLANDS 140,753 -3% 120,112 TEOSTO, FINLAND 332,250 16% 93,315 7% SGAE, SPAIN 91,975 1037% 91,343 -25% AKM, AUSTRIA 52,513 -13% 71,948 17% SABAM, BELGIUM 98,206 76% 62,733 32% SUISA, SWITZERLAND 43,983 17% 61,878 11% IMRO, IRELAND 35,640 18% 60,454 -45% JASRAC, JAPAN 97,223 -16% 37,906 -15% SADAIC, ARGENTINA 8,868 38% 36,606 225% STEF, ICELAND 9,380 100% 33,112 54% OSA, CHECH REPUBLIC 8,892 26% 22,322 18% RAO, RUSSIA 26,173 2% 20,954 60% SAMRO, SOUTH AFRICA 20,479 -27% 20,448 175% ZAIKS, POLAND 100,298 57% 19,456 15% UBC, BRAZIL 19,139 -19% 11,943 11% AEPI, GREECE 31,577 4% 10,796 89% EAU, ESTONIA 6,069 100% 10,621 218% LATGA-A, LITHUANIA 12,539 121% 7,884 1229% MESAM, TURKEY 1,330 95% 7,263 -42% SACM, MEXICO 1,915 -52% 6,773 11% 4,172,828 2% 25,973,399 -9% Others 121,398 86% 82,808 -4% TOTAL 4,294,226 3% 26,056,207 -9% SUBTOTAL The ANTI-PIRACY Group – a collaboration on protecting copyright We collaborate with the Danish Anti-Piracy Group (APG) in its concern for the illegal copying and distribution of music and film. We participate actively in the fight against piracy because it is in the long-term interest of our rights holders. The Danish Anti-Piracy Group is the most successful in Europe. It has successfully reduced traffic on several of the widely known illegal file sharing services by the launch of a large number of lawsuits against private users and telephone companies. In 2007, APG has managed to force the Danish telephone companies to block their customers’ access to the Russian sites www. allofmp3.com and www.mp3sparks.com. Both these sites illegally sell music at very low prices causing immense losses for the entire music industry. The APG has also sent out damage claims in approximately 250 end user cases concerning illegal file sharing in peer-2-peer networks such as Gnutella and BitTorrent. The APG plans to send out approx 150 additional damage claims in the spring of 2008. The APG has seized more than 5500 pirated DVDs and CDs in 2007. The material was seized in enforcement proceedings concerning illegal physical sales through various online auction sites. In 2007, the APG won a trial case in the Danish Western High Court concerning peer-2-peer file sharing. This case sets an important precedent for future cases. During 2007, the APG has focused on closing down all of the Danish hubs in the popular file sharing network Direct Connect. These efforts have caused a major decrease in the infringements taking place in this network. The Danish Anti-Piracy Group’s members are artists, the recording industry, the film industry and KODA/NCB. We believe that the formal participation of composers, songwriters and musicians in the APG group is of utmost importance. We are certain that the best way to combat piracy is by joining forces with all aspects of the music industry. Our prime task is to support the living conditions of the music publishers, the artists and the record business. The voice of the composers and musicians within this project gives credibility to us all and therefore it is our strategy that KODA’s spokespersons on anti-piracy are always wellknown artists with a strong credibility, never a lawyer. Money returned to its rightful owners APG’s work is important. One of KODA’s focus areas in our collaboration with APG is to ensure that the money from illegal file sharing is returned to the people who have lost their rightful income – the artists. Therefore, a crucial element of the group’s work and regulations is to ensure that the artists, who lose earnings as a result of piracy, get their share of the money that APG obtains from lawsuits. In 2006, to ensure this, APG established a charitable trust, which channels funding to new artistic projects within music and film. So far, the APG has distributed approx 95,000 Euro to upcoming Danish artists and performers. APG works strictly within the legal system and their cases are relevant to and focused on seriously damaging file sharing. This is of great importance for KODA. Our members’ earnings KODA 2007 Euro intervals Authors Publishers 1 - 134 6,152 152 6,304 215,498 135 - 671 2,932 56 3,106 1,029,854 672 - 1,341 Total Euro 989 28 1,101 1,055,478 1,342 - 4,023 1,195 61 1,252 2,920,860 4,023 - 6,705 343 18 386 1,994,644 6,706 - 10,058 193 8 202 1,653,609 10,059 - 20,116 217 18 234 3,267,995 20,117 - 136 27 184 10,480,672 12,157 368 12,769 22,618,610 Total NCB 2007 Euro intervals Authors Publishers 1 - 134 2,690 95 2,785 129,550 135 - 671 1,425 63 1,488 476,277 672 - 1,341 808 24 832 401,775 1,342 - 4,023 436 29 465 1,059,735 4,023 - 6,705 95 12 107 549,945 6,706 - 10,058 65 6 71 595,990 10,059 - 20,116 51 7 58 799,784 20,117 - 39 12 51 2,413,201 5,609 248 5,857 6,426,257 Total Total Euro 1515 Statements from KODA’s Chairman of the Board, Klaus Ib Jørgensen The goal for KODA is to remain the absolute favourite licensing partner for Danish music users. But at the same time we have higher ambitions. We also want to remain the favourite partner for all the different rights holders. Achieving these goals can only succeed if we show transparency towards all our stakeholders and if we engage in dialogue whenever we face major business decisions. KODA will only be in the business of managing collective rights in the long run if we are able to collect more money than the rights holders can collect themselves. That is why KODA has a constant focus on generating income and at the same time on keeping our administration costs among the lowest in the world. In 2007, we have taken several major steps to achieve our goals: We formed a new structure for licensing by appointing a Market Director for all licensing and we have carried out important investments in order to increase capacity and sales training. We are also working hard to find new ways to build relationships with KODA’s more than 66,000 customers. Last year, we began to strengthen our dialogue with the major music publishers. Many music publishers are not aware of KODA’s excellent performance on the market due to a complicated money flow. At the same time, we have an opportunity to explain that it is natural for KODA to see music publishers as rights holders along with the other rights holders. 16 16 In 2008, KODA’s Board will include one more music publishing representative, making a total of three publishers on our Board. With this initiative, we are implementing the joint declaration “On management of online copyrights in music works & governance in collective management societies” which has been decided between ICMP/CIEM and GESAC. At KODA, we fully support the initiatives for greater transparency and good governance of collective rights management societies. During 2008, we will launch a debate among our members on how we can secure more transparency and we will take initiatives to secure good governance. KODA’s profile among music users as well as music makers is to be the company that helps people have easy access to music by bringing together makers and users. An important tool, of course, is the Internet. KODA has a modern high capacity IT infrastructure and has created an efficient online universe for customers and members. Each member is able to register works and report concerts online and at the same time see their available royalty statements. Customers can easily enter standard agreements from koda.dk We do not see technological developments as a threat – on the contrary we see them as a possibility for our members to gain new income. This is an important assignment in 2008. Pr Photo “ We are engaged in dialogue with the surrounding society that we are a part of. We tell the story about why music makers and rights holders should receive payment – a salary - when their music is performed in public KODA´s administration costs (%) 1998-2007 % 14.0 KODA´s profits 1998-2007 40,000,000 35,000,000 12.0 10.0 08.0 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 06.0 04.0 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 5,000,000 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 Radio/TV and Satellite/Cable General Performance Licensing/Private Copy Remuneration Other profits 1717 BALANCE AS OF 31st December 2007 Financial review for the year 2007 Note 1 3 2 Music Remuneration, Denmark 2007 2006 Assets Note 59,164,735 56,579,219 Music Remuneration, Copying 860,488 1,134,128 Music Remuneration, Faeroe Islands 355,508 292,655 Music Remuneration, Greenland 289,033 302,680 4 Bonds 4,294,226 4,149,817 4 64,963,990 62,458,499 7,511,418 7,059,913 Music Remuneration, from abroad Administration Expenses Liquid Funds Debtors 57,452,572 55,398,586 1,294,724 987,587 Result before Tax 58,747,297 56,386,174 Corporation Tax 0 0 Result for the year 58,747,297 0 45,002,262 5 Property 13,793,150 13,794,260 6 Fixtures and Fittings 535,120 354,690 Accrued Interest 4,294,226 4,149,817 Contributions for National Cultural Purposes 5,360,322 5,108,679 Collective Private Copy Remuneration 7 Remainder for Distribution 283,925 377,948 48,808,824 46,749,730 58,747,297 56,386,174 31,651 14,155 138,514 55,112 81,006,564 71,887,418 5,572,386 5,330,191 800,612 921,745 Liabilities Contributions for National Cultural Purposes Collective Private Copy Remuneration Other Collective Purposes 56,386,174 Remuneration Affiliated Societies 412,258 45,029,687 Settled as follows: 3 7,253,713 Unit Trust Bonds Total Assets Net Interest Income 2006 12,254,681 0 Accruals Result before interest etc, 2007 14,224,729 7 8 137,551 197,248 Remuneration Affiliated Societies 1,390,480 1,118,248 Un-distributed Amounts 9,653,094 8,318,480 Provisions for Write-up and Property 5,807,207 5,807,674 Accruals 5,729,224 942,467 Other Creditors 1,840,120 1,775,292 For Distribution 50,075,890 47,476,073 Total Liabilities 81,006,564 71,887,418 Contingencies etc. 18 18 Copenhagen, 4th March 2008 Management Niels Bak KODA’s Executive Board: Klaus Ib Jørgensen (DKF, KODA’s Chairman) Franka Abrahamsen (DJBFA) Hans Dal (DPA) Ivan Pedersen (DPA) John Frandsen (DKF) John Rasmussen (DMFF) Piet Breinholm Bendtsen (DJBFA) Tine Birger Christensen (DMFF) Account notes 1 2007 2006 37,719,420 35,908,280 618,637 484,174 Cinema and Film Showings 1,069,782 Background Music in Restaurants, Hotels and Ships 6,461,868 Trading and Sales Premises 5,020,962 4,626,389 Music in Work Spaces 349,004 450,362 Music in Airplanes 184,129 122,712 Music in Coaches 90,640 92,347 Music Remuneration, Denmark Radio and TV Internet Miscellaneous 33,743 Consultancy Fees 106,602 134,917 Appreciation and Depreciation at Start 0 212,547 Control and PR Costs 155,781 225,014 Appreciation and Depreciation 31 December -2,348,304 -1,214,838 1,019,317 Travel and Representation etc. 214,468 203,214 Accounting Value as of 31 December 45,029,687 45,002,262 6,001,264 Cost of Premises 333,221 323,719 The holding consists of unit trust bonds in distributing unit trusts with portfolios consisting of bonds and shares. 200,150 215,380 71,135 48,062 292,625 299,432 5,591,242 Concerts 4,455,847 4,200,946 Indoor Entertainment <200 persons 298,600 308,457 Indoor Entertainment >200 persons 692,845 728,833 Outdoor Entertainment 112,138 159,193 99,270 112,571 5,658,700 5,510,000 26,866 30,230 Sports Events 783,441 726,497 Amusement Parks 425,506 386,124 44,908 40,328 Exhibitions/Conferences Circus Theatre Music Schools and High Schools Other Entertainment Church Services Provisions for debtor loss Music Remuneration, Denmark Administration Costs Staff Expenses 535,002 Music Evaluation Committee Legal Assistance Stationery and Printed Matters Telephone and broadband 394,710 393,422 2,210,433 1,881,986 0 182,956 -511,464 0 59,164,735 56,579,219 2007 2006 5,869,758 5,490,907 173,298 171,035 1,473 904 135,564 92,979 Cost Price 1 January Year Start 2007 2006 7,308,553 7,309,142 2,271 4,660 0 0 4,352 11,843 Cost Price 31 December 7,308,553 7,309,142 237,480 268,038 Appreciation 1 January 6,506,404 0 30,220 28,512 0 6,506,928 6,506,404 6,506,928 -21,808 -21,810 Subscriptions Appreciation for the Year Appreciation 31 December 107,285 103,062 External Registers 22,789 39,790 Depreciation 1 January IT, Operation Costs for Entries 33,359 36,633 Depreciation for the Year 259,809 301,174 IT, System Development and Installation etc. 88,880 57,227 Inventory, Maintenance and New Purchases 65,877 21,895 Miscellaneous 10,948 4,098 190,113 IT, Operation Costs Depreciation Cost Reductions Administration Costs License Revenues Affiliated Societies Danish Radio and TV programmes Abroad 0 -21,808 -21,810 Accounting Value as of 31 December 13,793,150 13,794,260 Cash Value of Property as of 1 January 16,227,235 16,228,541 Fixtures and fittings 2007 2006 66,888 Cost Price 1 January 1,381,410 1,281,902 -839,255 -823,782 Additions in the Year 560,361 199,474 7,511,418 7,059,913 2007 6 Losses in the Year 2006 -910,967 -99,856 Cost Price 31 December 1,030,805 1,381,521 Depreciation 1 January -1,026,748 -1,053,092 Disposals 276,127 409,366 Other Revenues Affiliated Societies 4,018,099 3,740,451 License Revenues Affiliated Societies 4,294,226 4,149,817 Bonds and Investment trust certificates 2007 2006 46,213,381 37,199,624 Annual Inflow 29,979,498 17,545,474 Annual Outflow -28,814,888 -8,527,998 Cost Price 31 December 47,377,991 46,217,100 Appreciation and Depreciation 1 January -1,214,740 -34,967 Cost Price 1 January 0 Depreciation 31 December Music Revenues from Cable Distribution of 4 Property -1,392,418 Bank Costs Insurances 3 5 -1,133,565 Transportation Postage 305,385 Fees: Board Years Appreciation and Depreciation Office Expenses: 5,937,359 Association Agreements 2 35,841 Background Music One-off Events Auditors Fees 709,230 81,223 Depreciation of the Year -178,166 -54,962 Depreciation 31 December -495,684 -1,026,831 535,120 354,690 Accounting Value as of 31 December 7 2007 2007 48,808,824 46,749,730 Unplaceable Remuneration 1 January 948,726 394,395 Free Portion 318,339 331,948 50,075,890 47,476,073 For distribution For distribution according to the profit and loss account For Distribution 8 The European Commission has launched a complaint against KODA and the other European collective rights management companies regarding their observance of the EU competition rules. The case is suspended, but not yet decided. The estimated capitalised value of pension obligations is EUR 278,545. Contracts have been entered into for the lease of computer equipment. The obligation constitutes EUR 14,216 distributed between the next two years. Obligations regarding rental property: Interior maintenance in connection with lease is EUR 11,131. A lease has been signed for Landemærket 27, 1st floor. The lease is irrevocable until May 1, 2008, and the rent obligation is EUR 13,277. This year, a lease was also signed for Landemærket 27, 2nd and 3rd floor. The lease is irrevocable until June 1st 2010, and the rent obligation is EUR 255,613. Contingent liabilities etc. 19 19 KODA: Always at your service! Contact us to hear more…. KODA Managing Director Niels Bak Tel: +45 33 30 63 01/nb@koda.dk KODA Assistant Managing Director Martin Gormsen Tel: +45 33 30 63 03/mg@koda.dk Jakob Hüttel Head of International Legal Affairs Tel: +45 33 30 63 69/jhl@koda.dk KODA Landemærket 23-25, P.O. box 2154, DK-1016 Copenhagen K. Tel: +45 33306300, E-mail: info@koda.dk. www.koda.dk Membership Director Tine Eilskov Head of Finance Bent Pedersen Head of Communication Henrik Harring Jørgensen Head of Research and Development Jens Juel Andersen KODA Management: KODA’s Executive Board consists of eight members: Managing Director Niels Bak Assistant Managing Director Martin Gormsen Licensing Director Trine Nielsen Assistant Licensing Director Stig von Hielmcrone 20 Two people from each of the three member societies and two music publishers (increased to three music publishers in 2008). Photos used in Annual Report: Anders Beier and colourbox.com
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