From January 1st, 2024, Gramex will collect and allocate remuneration for protected sound recordings played after this date from most countries worldwide.
The protection follows the principle of national treatment, meaning that Gramex will henceforth protect sound recordings from Denmark, the EU, EEA, and countries that have acceded to the Rome Convention or the WIPO Performances and Phonograms Treaty (WPPT) under Danish copyright law.
If a sound recording is produced by a producer domiciled in Denmark, the EU/EEA, or a country that has acceded to the Rome Convention or WPPT, it is considered a protected sound recording, regardless of where the recording or parts thereof are made. The protection covers the rights of all performing artists and the producer for the respective track.
Should the producer not be domiciled in Denmark, the EU/EEA, or a country that has acceded to the Rome Convention or WPPT, the sound recording is still protected if the finalization of the master tape took place in Denmark, the EU/EEA, or a country that has acceded to the Rome Convention or WPPT. In such cases, the entire sound recording (including the rights of the producer and all performing artists) is protected, regardless of the producer’s domicile or where the individual soundtracks are recorded.
The new rules have implications for the USA, which has acceded to WPPT. Going forward, sound recordings from the USA will be protected in Denmark, even though Danish sound recordings are not reciprocally protected in the USA.
For played sound recordings made before January 1st, 2024, the principle of material reciprocity applies under the rules of Article 86 of the Danish Copyright Act and in the Foreign Executive Order on Copyright No. 218 of March 9th, 2010, concerning countries (excluding Denmark, EU/EEA) that have acceded to WPPT and the Rome Convention.