CONSOLIDATED PUBLIC LENDING RIGHT REMUNERATION ACT
- Consolidated Act No. 21 of January 1, 2000

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The Act on Public Lending Right Remuneration, cf. Consolidated Act No. 134 of March 10, 1999, as amended by section 1, nos. 1-3, and 5, of Act No. 1021 of December 23, 1998, is hereby promulgated. (As a consequence of the coming into force provision of Act No. 1021 of December 23, 1998 the amendments that follow from section 1, nos. 1-3, and 5, of the Act have not been incorporated in Consolidated Act No. 134 of March 10, 1999.)

1. An annual appropriation for public lending right remuneration shall be included in the Finance Act. The remuneration is distributed according to the rules of this Act as support to authors, translators and others whose books are in use at the libraries which are subject to the Act.

2.-(1) The following persons shall be entitled to receive remuneration under this Act:
1) authors whose books have been published in Danish, unless the work 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 paragraph 1 and paragraph 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. The Minister for Culture may stipulate that subsection 1 shall also apply to digital productions which exclusively consist of literary material.

3.-(1) The following persons shall be entitled to receive public lending right remuneration should a person referred to in section 2 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 2 are survived by more than one entitled person, 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 2 is entitled.

4.-(1) The remuneration to the persons entitled pursuant to sections 2 and 3 shall be distributed on the basis of the number of pages per title and the number of circulation units per title by which such persons are represented at the libraries. The basis applying to sound tapes, etc. is the number of recorded minutes instead of the number of pages.
(2) Persons entitled pursuant to section 2(1), paragraph 2 shall receive only one third of the amount of remuneration. Persons entitled pursuant to section 2(1), paragraph 5 shall receive only two thirds of the amount of remuneration.
(3) As from 1999 the public lending right remuneration pursuant to subsections 1 and 2 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.
(4) The limits set out in subsection 3 shall be subject to annual adjustment by the remuneration adjustment rate, cf. the Act on a Remuneration Adjustment Rate.
(5) For circulation units at the libraries of elementary schools the full remuneration shall be paid as set out in subsections 1 and 2 for the first 15 copies per title per library, and one third remuneration for the remaining copies per title per library.
(6) The Minister for Culture shall lay down detailed rules on payment of remuneration pursuant to subsection 1. Such rules may stipulate that amounts below a certain limit will not be paid and that certain categories of the books referred to in section 2 and certain contributions to such books shall not entail any remuneration entitlement.

5.-(1) The public lending right remuneration shall be distributed on the basis of 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) The Minister for Culture may lay down detailed rules on the reporting method to be used by the libraries.

6.-(1) The National Library Authority shall be in charge of the administration of the public lending right remuneration.
(2) Complaints against the distribution of the public lending right remuneration pursuant to sections 1-5 of the Act for any given fiscal year must be submitted to the National Library Authority by no later than October 15 of that year.

7. Decisions made by the National Library Authority under Section 6(2) may be brought before an appeal board set up by the Minister for Culture. The board shall make the final administrative decision. The Minister shall lay down detailed rules for the activities of the board.

8.-(1) 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, sound tapes and other sound-bearing material published in Denmark are in use at the libraries.
(2) The Minister for Culture shall lay down detailed rules for the distribution of the amount and may in such rules stipulate that the amount is to be distributed by a committee set up by the Minister and that the committee shall make the final administrative decision.

9.-(1) 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 art or slide series, graphics, photographs and posters published in Denmark.
(2) The Minister for Culture shall lay down detailed rules for the distribution of the amount and may in such rules stipulate that the amount is to be distributed by a committee set up by the Minister and that the committee shall make the final administrative decision.

10. The Minister for Culture may lay down detailed rules on the application of the Act with respect to other countries.

11. This Act shall come into force on January 1, 1992.

12. The Public Lending Right Remuneration Act, cf. Consolidated Act No. 455 of June 23, 1989, is repealed.

13. This Act does not apply to the Faroe Islands and Greenland.

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Section 7 of Act No. 449 of June 30, 1993 to amend Various Legal Provisions concerning Regulation of Transfers, etc. (Amended adjustment provisions) amended Section 4(5), 2nd sentence. The provision was repealed by Act No. 1206 of December 26, 1996.
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Act No. 1206 of December 27, 1996 to amend the Public Lending Right Remuneration Act (Payment limits and Time limit for review) repealed section 3(4) and amended section 4 and section 11(2).
The Act contains the following provision on coming into force:

Section 2.

This Act shall come into force on January 1, 1997.
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Act No. 1021 of December 23, 1998 to amend the Public Lending Right Remuneration Act (Graduated scale for payment of public lending right remuneration, School libraries' stock reports, etc.) amended section 2, section 4 and section 5(1), and repealed section 11(2).
The Act contains the following provision on coming into force:

Section 2.

This Act shall come into force on January 1, 1999. However, section 1, nos. 1-3 (*1) and no. 5 (*2) shall not come into force until January 1, 2000.

Ministry of Culture, January 11, 2000

ELSEBETH GERNER NIELSEN
/K. Groos

(1*) Concerning section 2(1), paragraphs 3-5 of this Consolidated Act.
(2*) Concerning section 4(2), 2nd sentence of this Consolidated Act.