We at Kopiosto represent the authors of audiovisual works, such as scriptwriters, directors, editors, photographers, illustrators and translators as well as performing artists such as actors. We grant licences to use works based on authorisations received from audiovisual authors and performing artists and by serving as an extended collective licence organisation in some areas in which the works are used.
An extended collective licence refers to a collective rights management system as defined in the Copyright Act. A copyright organisation approved by the Ministry of Education and Culture can grant licences for the use of works even on behalf of authors that the organisation does not represent directly based on authorisations. According to the extended collective licensing system, authors and copyright holders outside the organisation can also receive remunerations from the organisation.
The extended collective licence system enables users of works to gain a legally certain and extensive license and authors and other copyright holders to receive reasonable compensation for the use of their works. The extended collective licence ensures that works can be used in a diverse and responsible manner for teaching purposes and in companies, for example.
The majority of Kopiosto’s categories of rights and the rights managed by it are within the extended collective licence areas specified in the law. As an example, this means that an operator or housing company can acquire an extensive licence from us once the Ministry of Education and Culture has approved Kopiosto as an extended collective licence organisation in the area in which the works are used.
The descriptions below indicate, for each category of rights, whether or not we serve as the extended collective licence organisation in the area in which the works are used.
Categories of rights and their descriptions
Retransmission refers to the distribution of a TV channel, i.e. the entire programming of a TV channel, on cable, IPTV or other networks, unchanged and simultaneously with the original transmission. The content is transmitted by a party other than the original broadcasting company.
Based on the rights in category AV1, Kopiosto may, on behalf of the authors of TV programmes and performing artists, authorise operators to retransmit the entire programming of a television channel. Kopiosto will then collect remuneration for this use for audiovisual authors and performing artists. The operators include Telia, Elisa and DNA, among others.
Kopiosto has granted licences for the retransmission of foreign television channels (e.g. SVT, TV4, RTL) since the 1980s. The retransmission of domestic television channels has, so far, not been licensed in Finland. Kopiosto is prepared to start licensing in this area on behalf of audiovisual authors and performing artists immediately if a decision in the matter is agreed on through negotiations with the operators needing the licence.
Kopiosto and Teosto serve as extended collective licensing organisations approved by the Ministry of Education and Culture regarding licences issued for retransmission in Finland. Kopiosto grants licences on behalf of audiovisual authors and actors and Teosto grants licences on behalf of music creators and publishers.
Based on the rights in category AV2, Kopiosto may grant licences on behalf of audiovisual authors and performing artists for the original transmission, retransmission or other communication to the public of TV channels, i.e. the entire programming and a TV channel, through cable television network. This communication of television channels to the public through a cable television network may be subject to a fee or free of charge.
Based on the rights in category AV3, Kopiosto may grant licences on behalf of audiovisual authors and performing artists for the original transmission of TV channels, i.e. the entire programming and a TV channel, through an information network when the transmission in question is simultaneous to the original TV broadcast and when the transmission is carried out by a different party than the original broadcasting company.
Based on the rights in category AV4, Kopiosto may grant authorisation on behalf of audiovisual authors and performing artists to the broadcasting company (e.g. Yle or MTV) for making a reproduction of a television or radio programme in their archive and communicating it to the public online, for example. According to the Copyright Act, the programme must be produced or commissioned by the broadcasting company itself and it must have been transmitted before 1 January 2002. Making a reproduction includes, for example, copying or recording the programme.
At present, Kopiosto does not grant licences on the basis of this category of rights, nor does it operate as an extended collective licensing organisation in this usage area.
Based on the rights in category AV5, Kopiosto may grant licences on behalf of audiovisual authors and performing artists for recording and performing television programmes as part of teaching and education, for example in daycare centres, comprehensive schools and upper secondary schools. Licenced by Kopiosto, teachers may record and perform television programmes in teaching.
Kopiosto has negotiated on the use of television programmes in educational institutions since the 1980s, and the licence is now agreed on with the Finnish National Agency for Education. On behalf of audiovisual producers, a similar licence is granted by APFI, an association representing audiovisual production companies.
Regarding this usage area of works, Kopiosto and the copyright organisation of audiovisual production companies, Audiovisual Producers Finland – APFI, are extended collective licensing organisations approved by the Ministry of Education and Culture.
Based on the rights in category AV6, Kopiosto may grant authorisation to certain archives, public libraries and museums to make a copy of an audiovisual work in their collections, such as a video, TV programme or film, and communicate it to the public. The licence may also be granted for such audiovisual works in library, archive or museum collections that are not commercially distributed.
For example, Kopiosto could grant, on behalf of audiovisual authors and performing artists, the National Audiovisual Institute (KAVI) an authorisation to make a digital copy of a film in its collections and to communicate it to the public on its website.
Kopiosto has applied for the Ministry of Education and Culture’s decision to be approved as an extended collective licensing organisation in these areas of use of works regarding audiovisual authors and performing artists (excluding the rights of writers, directors and actors of films and drama programmes). At the moment, Kopiosto has not been granting licences based on this category of rights.
Based on the rights in category AV7, Kopiosto has authorised Yle to make copies of the programmes it has produced for sale to libraries, museums and other similar institutions. These programmes may be performed at the premises of the said institution, for example in connection to a museum exhibition.
The Copyright Act does not have a section related to such use of works in institutions and libraries, which would allow Kopiosto or another organisation to act as an extended collective licensing organisation.
Online recording services of operators, such as Elisa Viihde, Telia Play and DNA TV, allow consumers to record programmes from Finnish free-to-air TV channels. Based on the rights in category AV8, Kopiosto may, on behalf of audiovisual authors and performing artists, authorise operators to record such works in online recording services.
Kopiosto has granted operators licences for online recording services together with Teosto, Gramex and APFI. Kopiosto grants the licences on behalf of audiovisual authors and performing artists, APFI on behalf of audiovisual production companies and Teosto and Gramex on behalf of music creators, music publishers, record companies and musicians. Furthermore, operators also agree with the broadcasting companies regarding their own rights and those transferred to them.
Kopiosto, Teosto, Gramex and APFI are the extended collective licensing organisations approved by the Ministry of Education and Culture in this usage area of the works.
Based on the rights in category AV9, Kopiosto may, on behalf of audiovisual authors and performing artists, grant a licence for the public performing of television programmes broadcasted by the broadcasting companies or otherwise communicated by them to the public. This refers to, for example, the performance of television broadcasts in public spaces, such as gyms, restaurants and various waiting rooms.
For the time being, the public performing of television programmes broadcast on free TV channels has not been licensed. Kopiosto is reviewing the possibilities of launching collective licensing of the public performance of television programmes.
The Copyright Act does not have a section related to the public performance of works which would allow Kopiosto or another organisation to act as an extended collective licensing organisation.
The compensation for private copying is paid from the budgeted funds of the Finnish state. Based on the rights in category AV10, Kopiosto orders the payment of remunerations to audiovisual authors and performing artists regarding the compensation for private copying.
Compensation for private copying is a legislated remuneration to authors and other rightsholders, allowing everyone to copy the works legally for their private use. Kopiosto has paid the remuneration accrued based on the compensation to audiovisual authors and performing artists since the 1980s. APFI pays the remuneration accrued from the compensation for private use to audiovisual production companies.
The Ministry of Education and Culture decides on the proportions of compensation for private copying granted to rightsholders of music and audiovisual works. Kopiosto will pay compensation to the audiovisual authors and performing artists as direct remuneration. Remuneration paid for the common purposes in the audiovisual sector are distributed as different types of grants by AVEK Audiovisual Centre, which is part of Kopiosto.
Based on AV11 category authorisations, Kopiosto can collect remunerations on behalf of audiovisual authors and performing artists for the retransmission of works included in TV broadcasts covered by the must-carry obligation. At present, Yle TV channels are currently under the must-carry obligation.
The must-carry obligation refers to an operator’s duty to retransmit the content of certain stipulated TV channels in an unaltered form and simultaneously with the original broadcasts. Pursuant to the Copyright Act, authors and performing artists are entitled to remuneration from the operator for such retransmission.
The right to remuneration does not exist if the operator can demonstrate that the remuneration has already been paid in the context of obtaining the broadcasting rights. If the broadcasting company has not paid remuneration for the retransmission directly to the right holders, the remuneration may only be paid through an organisation approved by the Ministry of Education and Culture.
Kopiosto and Teosto are approved organisations in this usage area of the works.
Online content sharing services refer to e.g. various social media platforms, such as YouTube, Facebook, Instagram or TikTok. In addition to their own content, private individuals may share copyrighted content made by others on these platforms, such as extracts from television programmes.
An amendment to the Copyright Act that entered into force in April 2023 requires platform providers to obtain authorisation from authors and other right holders for private individuals to communicate works protected by copyright for non-commercial purposes on their platforms. Based on the rights in category AV12, Kopiosto may, on behalf of audiovisual authors and performing artists, authorise the online content sharing services to use the works for these types of purposes.
Kopiosto is exploring the possibilities for granting such licences to online content sharing services. The Copyright Act does not have a section related to the online content sharing services of works which would allow Kopiosto or another organisation to act as an extended collective licensing organisation.