Copyright agreement

SET member, agree on your copyright with your employer and production company

1. Primary agreement

Who receives copyright in a work of audiovisual art?

In a film, television programme or some other type of audiovisual work, copyright is generated for cinematographers and camerapersons, editors, directors, screenwriters, actors as well as costume, set and sound designers. Copyright is granted to an author who has created an independent and original result of creative endeavour, or work. If there are several authors of creative work, the copyright belongs jointly to all of them. This constitutes joint authorship. Copyright is generated equally for students and professionals alike. It is noteworthy that according to Finnish law, copyright is always granted to an individual, never directly to a company or employer.

SET sees that films, television programmes and other works of audiovisual art can be interpreted to be in the category of joint authorship with each of its artistic authors being equal – for the result, the author of each artistic discipline is significant.

At which stage should and must I agree upon the copyright of my work?

The copyright of films, television programmes and works of audiovisual art are often agreed upon when creating the employment or subcontracting contract. An author of creative work should read the proposed contract thoroughly and agree upon reasonable compensation for handing over their work to the production company and distributor, among other things. The production company requires the rights to run its normal business. A separate compensation is primarily paid for the copyright in addition to the wages. However, the author should not hand over all of their rights in the contract as the production company cannot use/utilise collectively managed copyrights.

In the contract stage, you should review the clauses related to the secondary use remunerations related to Kopiosto. Check that the rights you have handed over to Kopiosto with the Copyright Agreement for Audiovisual Authors remain outside the contract with the production company. These should be specifically mentioned in the contract. The contract may state that all transfers of rights in conflict with the contract in question are cancelled. If this is the case, ask the producer what that means and why it is included in the contract. We do not recommend consenting to requests on cancellation of the transfer of rights. Instead, it should be stated in contracts that the transfer does not cover the rights managed by Kopiosto as specified in the categories of rights.

Make-up designers should also agree upon the copyright remuneration and transfer of rights regarding their work in the contract stage. Even though at the moment, make-up designers’ works are not entitled to receive secondary use remunerations paid by Kopiosto, you should never give away your copyright to the production company and distributor for free.

Summary of agreeing upon copyright

1. Primary agreement (employment or subcontracting contract) – Selling the right of use to a work of art

Together with the production company and employer, agree upon a reasonable compensation for handing over your copyright regarding a film, television programme or work of audiovisual art.

2. Secondary agreement – Kopiosto and secondary use remunerations regarding the work

In Kopiosto’s authorisation service, grant the Copyright Agreement for Audiovisual Authors to SET.
By signing the Copyright Agreement for Audiovisual Authors you ensure that you receive your rightful remunerations from the use of your work. In addition, the Copyright Agreement for Audiovisual Authors granted to SET accumulated the collective remunerations paid by Kopiosto to SET. SET uses the collective remunerations for grants and other purposes that benefit the industry.
Do not cancel the retransmission rights or other categories of rights specified in your Copyright Agreement for Audiovisual Authors.
In Kopiosto’s e-service for audiovisual authors, you can see the television programmes of which you have received remunerations from Kopiosto. Also remember to notify Kopiosto in case your contact details change.
Also remember to check Kopiosto’s list of unknown authors every year.

What is a reasonable remuneration for handing over, or selling, the copyright for the use of the production company and distributor?

There is no single right answer to this question, and the author should consult their colleagues on the remunerations they have received. A SET member should also contact the Union of Journalists in Finland. The union’s own advocacy service and lawyers can help and give advice on the agreement and reasonable remuneration.

What does the copyright remuneration mean?

Copyright remuneration is not a remuneration for completed work but for the use of the work. Sometimes employment contracts may state that the wages or fee includes copyright remuneration.

If the remuneration for handing over copyright is included in the wages, make sure that the wages are higher because of the remuneration. The minimum wages in the collective labour agreement for film and TV production do not include the transfer of copyright. When included in wages, the remuneration accumulates pension and social security just like wages do.
It is also possible to agree upon a separate copyright remuneration that is not included in the wages. However, this remuneration must not lower the wages. A separate copyright remuneration does not accumulate pension or social security.
If the copyright remuneration is included in your fee, make sure that the copyright remuneration increases the fee. Also freelancers and others receiving fees can agree upon a separate copyright remuneration.

Published by SET, online magazine Lehtiset published an article in its first issue of 2023 about different wages and fees. The article also discussed copyright remunerations. The article is in Finnish.
You can find the article at: lehtiset.net/tyosuhde-vai-toimeksianto

Legal advice

SET members receive advice and support for their agreements from the Union of Journalists in Finland’s advocacy services.

The legal advice service is available via telephone from Monday to Friday 13.00–16.00 at the number +358 44 7555 000
You can send your message via email to lakineuvonta@journalistiliitto.fi
The Union of Journalists in Finland has its own lawyer specialised in copyright.

2. SECONDARY AGREEMENT

SET represents audiovisual authors in Kopiosto

The Union of Film and Media Employees Finland (SET) is a member organisation of the copyright organisation Kopiosto.
Through its member organisations, Kopiosto represents 80,000 Finnish authors, performing artists and publishers.
Kopiosto sells licences for the responsible use of copyrighted works. Kopiosto pays the remunerations collected from the licences of use of audiovisual works of art, such as television programmes or films, personally to the authors. SET also distributes a small sum of the remunerations as grants to benefit creators in the audiovisual industry.

Kopiosto is looking out for your interest

Kopiosto supervises the use of audiovisual works of art
based on the Copyright Agreements for Audiovisual Authors granted by authors. With the Copyright Agreement for Audiovisual Authors, you give Kopiosto the right to grant a licence on the secondary use of your works on your behalf. When you sign the Copyright Agreement for Audiovisual Authors, Kopiosto will supervise on your behalf that a remuneration will be paid when your works are used, that they are used with a licence and that your copyright is respected.

Kopiosto’s licences apply to the mass use of works of art in, for example, educational institutes or other situations in which it would be practically impossible for individual authors to agree upon the use of their works.

Grant the Copyright Agreement for Audiovisual Authors to SET

With the Copyright Agreement for Audiovisual Authors, you grant Kopiosto the right to give licences for the secondary use of the works of audiovisual art you have created, for instance for recording television programmes and films at home and educational institutes and for the education use of programmes.

To grant the Copyright Agreement for Audiovisual Authors to SET:

Log in to Kopiosto’s authorisation service at https://kopiostoextra.fi/valtuudet (in Finnish).
Click on the “Anna uusi valtuutus” icon.
Select the Union of Film and Media Employees Finland (SET) as the member organisation.
Choose the author categories in which you work or have worked in the audiovisual industry.
Save the Copyright Agreement for Audiovisual Authors.

You can grant the Copyright Agreement for Audiovisual Authors for several Kopiosto member organisations. However, do note that you can only grant the Copyright Agreement for Audiovisual Authors for one author category to one organisation at a time.

If you have previously granted your Copyright Agreement for Audiovisual Authors to some other Kopiosto member organisation and wish to transfer it to SET, here’s how you can do it:

Log in to Kopiosto’s authorisation service at https://kopiostoextra.fi/valtuudet (in Finnish).
Click on the Copyright Agreement for Audiovisual Authors that you wish to terminate.
Inside the agreement you wish to terminate, send a message saying you wish to terminate it.
Kopiosto office will send you instructions for terminating the agreement and granting a new Copyright Agreement for Audiovisual Authors to SET.

Please note that even though the Union of Journalists in Finland is SET’s umbrella organisation, the Copyright Agreement for Audiovisual Authors is granted directly to SET, not to the Union of Journalists in Finland.

Agreeing on copyright