The Danish Rights Alliance - Annual report 2021 by RettighedsAlliancen

Annual Report 2021

2 – Rights Alliance - Annual Report 2021

Content Organisation Information.....................................................................3 Preface..........................................................................................................4 Status on the illegal market...............................................................6 The illegal market.....................................................................................................................7 The effect of the closing of file-sharing services............................................8 Number of visits to illegal sites...................................................................................10 Social media and new services....................................................................................11 Fraud and organized networks....................................................................................12 Blocking effects......................................................................................................................13

Developments in 2021........................................................................14 Enforcement...............................................................................................14 Monitoring....................................................................................................................................14 Literature infringements...................................................................................................15 Design infringements.........................................................................................................16 Claims for compensation.................................................................................................17 Criminal cases..........................................................................................................................18 Application for action..........................................................................................................19 Blocking of payment service providers................................................................19 Campaigns and projects.........................................................................20 FilmFinder....................................................................................................................................20 Os Der Elsker Film.................................................................................................................21 Film competition....................................................................................................................21 Os Der Elsker Viden..............................................................................................................22 TRAIN..............................................................................................................................................24 UDRET.............................................................................................................................................24 Os Der Elsker Originaler....................................................................................................25 Political initiatives and collaborations..............................................26 Digital Services Act.............................................................................................................26 Board work in DIFO and DK Hostmaster..............................................................27 Dialogue forum.......................................................................................................................27 New copyright act and Article 17-forum..............................................................27 Growth Initiatives...................................................................................................................28

Goals for 2022........................................................................................30

Organisation Information The Danish Rights Alliance

CEO

Vesterbrogade 15, 1 1620 København V

Maria Fredenslund

The Danish Rights Alliance is an organization for the creative industries located on Vesterbrogade in Copenhagen CVR-nr. 36328797 Tel: +45 6056 6364 Mail: mail@rettighedsalliancen.dk Bank info Jyske Bank Reg.nr. 7417 Konto.nr. 1006690 IBAN: DK7274170001006690 BIC/SWIFT: JYBADKKK

Secretariat 10 employees

Agenda Under the regulations, The Danish Rights Alliance’s core task is to protect the rights of the creative industry on the Internet through enforcement and information.

Board of Directors Christine Bødtcher-Hansen, Danish Publisher, chairman Søren Henrik Jørgensen, Danish Producers' Association Kaspar Lindhardt, KODA Mads Kierkegaard Jørgensen, FDV Sten Hansen, PP Møbler

Maj Hagstrøm, Danish Actors’ Association Michael Jensen-Gaard, IFPI Morten Madsen, Danish Musicians’ Union Henrik Faursby Ahlers, UBVA Mads Nedergaard, FAFID Kristoffer Mejborn, Louis Poulsen, observer

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Preface - Status on the past year THE BEGINNING OF 2021 marked for The Danish Rights Alliance the biggest victory to date in the fight against the illegal market. In Christmas 2020, the last Danish illegal file-sharing services shut down, following police actions against the backers of several file-sharing services that Rights Alliance had reported for copyright infringement.

CEO a M ria rF edenslund tells about the year that has passed

THIS LED TO THE INDICTMENT of seven backers in January, and the positive start to the year continued in the spring, when a backer behind Denmark’s largest file-sharing service DanishBits was extradited from Morocco and sentenced to prison. It shows that stealing movies, articles, music, etc. has consequences.

The closing of the Danish online piracy landscape is a breakthrough in the fight against illegal use of content, but the illegal market remains a major problem and a serious threat to the creative content of the future. The closing has led to an increased need to make visible where the illegal market is heading and how we are fighting it. The illegal market is characterized by being very dynamic

and able to move and adapt quickly. RIGHTS ALLIANCE’S 2021 has been a transition year in which a new course has been set. A course to extend the protection of rights to the new sites where illegal content is made available and shared. Here we fulfilled the first milestone when, towards the end of the year, we started using specialized tools on Facebook and YouTube, which make it possible to remove illegal content effectively from the platforms, thereby directly preventing uploads of our members’ productions to the platforms. A crucial protection, as data show that precisely these legal online platforms are massive sources of illegal content. As many as 54% of Danish pirates use YouTube to consume illegal content, while 31% use Facebook. DURING THE YEAR, we have also seen that illegal content moves to private servers, which through subscriptions offer access to streaming of a large, comprehensive range of illegal content. Our investigation has shown that copyrighted content is misused side by side with private passwords scams and Internet scams in organized criminal networks. The new illegal market therefore also puts Rights Alliance in a new position, where the interests of consumers are also at stake. This is reflected in an increasing challenge with

advertising fraud that abuse the reputation of actors, the media, and cultural institutions to convince consumers to invest in, e.g., counterfeit bitcoins. THE YEAR HAS ALSO LED TO important impact in the political work when the new Copyright Act was passed in June, whereby Article 17 of the EU Copyright Directive was implemented in Danish law. Rights Alliance has become the lead for an Article 17 forum with the various platforms to ensure good practice regarding access to tools and the process of downloading content. IN 2021, THE RIGHTS ALLIANCE has also spread messages about legal behaviour on the Internet more widely than ever via version 2 of the campaign Os Der Elsker Film (We Who Love Movies) and the textbook campaign Os Der Elsker Viden (We Who Love Knowledge). And then we have created great visibility about the consequences of illegal use of content, through broad media coverage of this year’s lawsuits and actions. A development we expect to continue through the new year’s lawsuits against backers and inveterate users.

- Maria Fredenslund, CEO

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Status on the illegal market - Data and tendencies

The work of Rights Alliance is based on an in-depth knowledge of trends, behaviour and developments in the illegal market. Analysis of data for the Danes’ use of illegal content is therefore the alpha and omega for Rights Alliance to aim out effort at the right places and adapt our activities to where they have the greatest effect. This insight has over time made Rights Alliance a leading expert and pioneer in the protection of rights and the development of enforcement efforts.

Project Consultant iS grid ræjK a H nsen tells about data

THIS SECTION provides an analysis of the development in the Danes’ consumption of illegal content for 2021 and the effects of blocking illegal sites. The analyses are based on data from the external suppliers SimilarWeb, which measures traffic to illegal services, and from the analysis agency Mediavision’s annual survey Nordic Piracy - Spring 2021 on user behaviour in the Nordic countries.

The data used primarily shed light on the illegal consumption of movies and TV series, which make up most of the content of the illegal services. The other sections of the report shed light on the development of the illegal consumption of textbooks and design copies, through surveys and the monitoring of Rights Alliance.

The Illegal Market THE ILLEGAL MARKET for creative content constitutes a complicated system that by nature operates in secret and therefore can be difficult to understand the dynamics behind. Rights Alliance defines the illegal market as a three-tiered pyramid, each with its own characteristics. At the top of the pyramid are the closed AIA.aA3ASA’A3AZ also called torrent services. These platforms constitute networks with limited access, which is why users are primarily inveterate users, release groups and backers who are dedicated to consuming and sharing content illegally. When a new Danish film premieres, the illegal release typically takes place on the closed file-sharing

services, after which the content is spread to other platforms. Therefore, file-sharing services play a crucial role in the development of the illegal market and require a special effort from the authorities. At the next level of the pyramid, there are A\ASZA3AIAIA’aAIAIA& a A\AQA where illegal content is made available to a wide audience. These sites are notoriously illegal, but do not require special access for its users. Therefore, these platforms accommodate millions of international visitors who consume illegal content. Since the platforms share both Danish and international content, these do not promote Danish content to the same degree as Danish file-sharing services.

Picture 1) Pyramid-illustration of the structure of the illegal market (The Danish Rights Alliance)

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Chart 1) Data for traffic on the Danish file-sharing services, September 2020 – March 2021 (SimilarWeb)

The bottom level of the pyramid consists of legitimate online platforms that are used to share and sell illegal content. These are primarily social media and marketplaces, which according to data are the most frequently used platforms for consuming illegal content. By thriving on popular legal services, illegal content becomes more accessible to the user and the legal nature of the platforms can give the wrong impression of whether it is legal. In addition, this makes the illegal market extremely fragmented, as content is shared on all kinds of profiles, in private groups, chat messages and the like.

The effect of the closing of filesharing services THE CLOSING of the Danish file-sharing services, which took place shortly before the start of 2021, has during the year had a significant impact on the Danes’ visits to the illegal Danish file-sharing services. From October 2020 until March 2021, an overall reduction of 95% is seen in traffic to Danish file-sharing services. This development started with SØIK’s first actions against the Danish illegal file-sharing services DanishBits and NordicBits in the autumn of 2020. Here, most users moved their activities to the smaller file-sharing services ShareUniversity and Asgaard. At the beginning of the new year, traffic dropped significantly as ShareUniversity and Asgaard chose to

Chart 2) Number of shares of three popular Danish movies on Danish file-sharing services in the period 2019-2021. Data are collected through the file-sharing services by Rights Alliance.

shut down as a result of SØIK’s actions against the file-sharing environment and Rights Alliance’s offensive communication against backers and users in the environment. The minimal remaining traffic over the spring went to a newly started network called DanishBytes, which, however, failed to attract the many homeless users from the closed services. The drastic decline in traffic to the Danish file-sharing services has had a huge impact on the protection of Danish content. When movies are leaked to illegal services, they are first released in closed file-sharing networks, after which the content is spread to the other stages of the pyramid, such as open illegal services and social media. The closing of the Danish file-sharing services has therefore not only resulted

in fewer users, but also a reduction in the number of illegal shares of popular Danish movies. This development can be seen by comparing data for the number of shares of three Danish premiere movies that were released before and during SØIK’s closing of file sharing services. During the first weeks after the movies are shared illegally, the number of shares has dropped from approx. 30,000 times to approx. 1000 times. Rights Alliance’s reports of the illegal activities, and SØIK’s associated efforts, have thus had a marked protective effect on Danish content across the illegal market. This shows that clear consequences, through actions and effective communication, have a preventive effect against illegal content sharing.

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Chart 3) Development of Danish visits to illegal websites, 1 January – 31 December 2021. (Both closed file-sharing services and open services (SimilarWeb).

Number of visits to illegal sites

ia data from the supplier SimilarWeb, the overall development of traffic to illegal sites is clear. These data include both the Danes’ traffic on the closed file-sharing services, as well as on open, illegal services throughout the world. Over the year, we have seen a large decline in Danes’ traffic to illegal sites. As can be seen from the chart below, the Danes’ total visits to illegal sites fell by 21%, from 1 January 2021 to 31 December 2021. The decline occurred especially at the beginning of the year and was, as mentioned, due to the closing of the Danish file-sharing services. Over the spring, a stagnation was seen in the number of visits to illegal sites, before a slight increase occurred during the summer. Thereafter, the number of visits decreased again during the autumn and up to 2022. The figures for 2021 show that many

continue to seek out illegal sites, despite the shutdown of services and the blocking of illegal sites. Our data also show that more visible consequences as a result of SØIK’s efforts have an effect, especially on the inveterate users. Therefore, the combination of measures such as blockings, campaigns, actions, and lawsuits are a crucial parameter in fighting the illegal market. However, the decrease in traffic to illegal sites is not an indication that the Danes’ illegal consumption of content has decreased. The above data do not cover the Danes’ illegal consumption of content on online platforms such as Facebook and YouTube, where in recent years we have found an increased consumption of illegal content. Therefore, there is no evidence to conclude that Danes consume fewer movies, series, articles, etc. illegal than before.

Social media and new services

he Danes’ illegal use of content is increasingly taking place on legal online platforms (social media), which is the bottom step in the pyramid for the illegal market. Compared to illegal file-sharing services and open, illegal services, the illegal consumption of social media is far more difficult to measure. This is because the consumption on, for example, Facebook and YouTube is divided into vast amounts of groups, profiles, and private messages. However, MediaVision’s survey Nordic Piracy - Spring 2021 paints a picture of

how the Danes’ illegal use of content is distributed across social media and illegal services. The figures show that the majority of Danes’ illegal consumption of movies and TV series takes place via social media, of which 54% use YouTube, while 31% use Facebook. In both cases, there has been a sharp increase since 2020. Data from Mediavision are based on the respondents’ own assessments and therefore does not show the extent of the illegal consumption. But even though the actual illegal consumption via Facebook and YouTube is characterized by many

Chart 4) Data from Mediavision’s study show that YouTube and Facebook mare most frequently used to stream movies and TV content illegally. The Danes’ consumption is marked in light blue.

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dark numbers, data from Mediavision show a tendency for the illegal use to increase on precisely these platforms, and for the dynamics between the different levels in the illegal market to change. The increased platform responsibility, which the new copyright directive has contributed to, and which Rights Alliance has worked purposely on, has in 2021 led to new methods of fighting illegal content on Facebook and YouTube. Rights Alliance today uses specialized tools that make it possible to remove content that infringes

members’ rights effectively. Especially in relation to movies and TV content, the tools are expected to maximize the effect, as users’ uploading of illegal content can be proactively prevented. This will be an important focus for Rights Alliance in the new year, where filmmakers and other rights holders, through direct memberships of the The Danish Rights Alliance, can achieve extended protection on social media.

Fraud and organised networks HOWEVER, SOCIAL MEDIA IS NOT ALONE in the growth of illegal content consumption. In 2021, Rights Alliance launched an investigation into the illegal sale of access to streaming services via hacked login information. The investigation led to shocking discoveries of a large criminal market, which, i.a., sells cheap access to legal streaming services by sharing hacked login information belonging to ordinary Danish consumers. This takes place in organized criminal networks, which aim to sell other people’s products cheaper, through fraud in several different areas. In addition to hacked login information, these networks

also offer illegal access to, e.g., movies, TV series, and literature, through the sale of subscriptions to servers filled with illegal content. This happens side by side with fraud of online stores, where, e.g., false complaint inquiries and fraud with gift cards are subject to financial profit. The year has also shown that content and Danish brands are misused by organized criminals from abroad in scams against Danish citizens online. Well-known actors and media brands are abused in fraudulent advertisements for fake Bitcoin investments, and the content producers’ brand is abused in payment fraud against

Danes, who think they are entering a contest to win cinema tickets. The new discoveries show an alarming development and an illegal market that is constantly taking new forms. It also raises new perspectives in Rights Alliance’s work to protect rights, where the rights and security of consumers are also in focus. The area is expected to be followed up by a survey in 2022 and will be an in-depth focus in Rights Alliance’s future enforcement efforts.

Blocking effects RIGHTS ALLIANCE’S CODE OF CONDUCT with the Telecom Industry Association ensures that the Danish Internet Service Providers (ISPs) block illegal Internet sites. Since 2020, the blockings have primarily included so-called mirror sites, which are copies of services that have been ruled illegal. In 2021, Rights Alliance has blocked 175 illegal domains, which has resulted in an average decrease in traffic of 82.7%. We have therefore seen a great blocking effect in 2021, compared to 2020, when traffic to the illegal sites was reduced by an average of 73%. The increase in traffic from 2020 and 2021 may be because the

collection of data regarding ISPs’ blocking of the illegal sites has been more stable in 2021. This is because in 2020, Rights Alliance updated the Code of Conduct to include mirror sites. Another possible reason can be found in the distribution of the blocked domains between different types of services (file-sharing services, streaming services, etc.). The blockings have generally had a smaller effect on file-sharing services, which is most likely since more users use methods to circumvent the blockings. Exactly in 2021, file-sharing services accounted for 48% of the total amount of blocked domains and thus a smaller share than in 2020, when file-sharing services accounted for 55%. A 100 percent drop in traffic is not a realistic goal for the blockings, as several practical factors prevent this. First, the use of VPN connections and alternative DNS providers means that certain users are out of reach of the blockings. In addition, there are still ISPs that do not participate in the blocking cooperation, which means that, e.g., several educational institutions, libraries, and the like do not block access to the illegal sites.

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Developments in 2021

he work of Rights Alliance in 2021 looks both forward and backward. The year has offered endings, beginnings, developments, and new opportunities across Rights Alliance’s focus areas, which cover enforcement, communication efforts, and political initiatives. This year’s lawsuits have marked the beginning of the end for the backers behind the Danish file sharing services. The implementation of the EU Copyright Directive completes a long-standing process and at the same time provides an opportunity for future efforts to unite reality and ambition. Campaigns, PR, and information projects have conveyed Rights Alliance’s agenda far and wide, and the foundation for new projects has been laid. In the following, the development for Rights Alliance’s various focus areas in 2021 will be reviewed.

Enforcement

ights Alliance’s work with enforcement of rights has in 2021 been characterized by an in-depth focus on adapting our

CEO Maria Fredenslund tells about enforcement

enforcement possibilities to a developing illegal market. It has led to new tools for enforcement on social media and a greater number of takedowns of design copies than hitherto. The year has also offered compensation claims in criminal cases, collaborations regarding blocking of websites

with copy goods, and seizure of huge transports with design copies at the borders. 2021 was also the year where the first people behind the now closed file-sharing services were held accountable.

Monitoring RIGHTS ALLIANCE MONITORS several legitimate online platforms where illegal content is shared and sold frequently. This is especially on online marketplaces and social media, which, unlike the notoriously illegal websites and file-sharing services, are not illegal in themselves but make a platform available to its users. These platforms are increasingly being used to share illegal content.

Therefore, in 2021, Rights Alliance has secured the opportunity to effectively remove illegal content from Facebook and YouTube. Therefore, Rights Alliance also offers a direct membership for film producers and others who are members of Rights Alliance member organizations, whereby Rights Alliance can remove and proactively prevent users from uploading members’ content to the services. The tools also allow you to search for and report ads on platforms that infringe members’ rights. This is especially useful against marketing of copy products that infringe design rights, illegally selling digital textbooks, or by abusing brands and identities in ad fraud. The latter is a growing challenge, as actors, media, and companies under Rights Alliance are increasingly being abused in fake ads about bitcoin investment or fake competitions for, e.g., cinema tickets.

Literature infringements

ince 2019, the number of cases of literaProject Assistant ture infringement has Victoria decreased by 32%. g A erskvo tells A positive developabout Monitoring ment which, i.a., is literature driven by the fact that infringements the study campaign Os Der Elsker Viden has succeeded in communicating rules and consequences of illegal sharing of digital textbooks. This by being present at, i.a., Facebook, where most infringements happen. However, the decline in the number of infringements is also because illegal sharing on Facebook takes place to a greater extent in secret via private chat messages. This results in an unknown number of infringements that cannot be monitored by Rights Alliance. The infringements of literature occur primarily on Facebook, where Rights Alliance in 2021 has registered 477 cases in which digital textbooks have been shared illegally. This takes place in groups targeted at students in different educations, where Rights Alliance is present. Several of the infringements also take place via advertisements on DBA, where in 2021 31 infringements were registered. A case can contain several infringements if several books are shared in the same ad. Chart 6)

Development in the number of registered cases of Rights Alliance, 2019- 2021.

Chart 7) The total number of cases on Facebook and DBA respectively in 2021

Number of cases (01. January 2019 - 31. December 2021

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Design infringements IN 2021, RIGHTS ALLIANCE found more infringements of designs, to which the member of Rights Alliance own the rights, than the previous year. This applies to both DBA, Facebook, and websites, where a total of 512 infringements have been registered in 2021, which is approx. a doubling compared to 2020, when we recorded 257 infringements.

Senior IP Protection Manager Erik Lindevang Madsen tells aboutdesign infringe ments

©W

In 2021, Rights Alliance has had 100% of the infringements registered on DBA removed. On Facebook, we removed 75%, while the removal percentage for websites is 80%.

Chart 5) Rights Alliance’ registered infringements of different platforms in 2020 and in 2021 (Rights Alliance)

Also on Google, rights holders can look forward to better content protection options. During the year, Google has removed search results for illegal Internet services in a number of European countries. Rights Alliance is testing the possibilities and Google has already removed search results for several services that have been ruled illegal by the Danish courts. Especially physical copies and digital textbooks are the subject of illegal sale and resale on marketplaces like DBA and in private Facebook groups. Compared to 2020, there is a big increase in the registration of ads for illegal design copies on DBA and a doubling on Facebook.

Wesley Tingey

The reason for this is not necessarily that the actual number of copies has increased. This is more likely due to the fact that The Danish Rights Alliance has found more copies during the year than previously, due to the introduction of new tools on Facebook. In doing so, Rights Alliance has also succeeded in removing twice as much content on Facebook and Instagram.

Claims for compensation RIGHTS ALLIANCE WORKS PURPOSEFULLY to maximize the punishment given in criminal cases by including compensation claims in criminal cases. It increases the effect, not least the preventive effect of the cases, that claims for compensation have also been awarded.

Scott Webb

In 2021, Rights Alliance has succeeded in including claims for compensation in the decisions for all eight criminal cases this year. A particularly positive development which helps to raise the level of compensation assessments in the area, and which does away with previous practice for claims to be

In 2021, Rights Alliance has succeeded in including claims for compensation in the decisions for all cases dealt with in subsequent civil cases. It has succeeded because Rights Alliance has given priority to making realistic demands that are adapted to the individual cases. Although the compensation claims are of modest size, they help to promote the message that illegal sharing of movies and literature has financial consequences - both by virtue of financial loss for the rights holders, but also for those found guilty of copyright infringement. In addition, the compensation claims contribute with new principles within case law in the copyrights field, whereby Rights Alliance can continue the good development in the future, by including compensation claims in several lawsuits about illegal sharing of creative content.

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Criminal cases A 33-year-old main ringleader behind DanishBits was sentenced to one year in prison (including A.AQA\ASA.ASA\ASA3A3A\ASaAIAIA…mZ confiscation of profits of DKK 250,000, as well as compensation of DKK 250,000 to the Danish rights holders. The Court in Copenhagen, 27 April 2021.

A 50-year-old ringleader behind NordicBits and Asgaard was sentenced to four months in prison (of which one month unconditionally). confiscation of DKK 2.282 and a claim for compensation of DKK 35,000. The Court in Odense, 15 June 2021.

A 28-year-old former social worker student was sentenced to 20 days probation for copying and selling digital copies of textbooks. In Addition to the prison sentence, the verdict was confiscation of profits of DKK 9,383, and a claim for compensation of DKK 10,000. The Court in Aarhus, 9 September 2021.

A 28-year-old man was sentenced to 30 days probation for systematically illegally selling digital A»A\A\AFA&A\AQaA3A\AIA\A& study. In Addition to the prison sentence, the verdict was confiscation of a computer and a profit of DKK 26,454, and also a claim for compensation of DKK 35,000. The Court in Aalborg, 2 November 2021.

A 35-year-old man was sentenced to 30 days probation for sharing AQA\A.aASZAQA\A3AaSA series illegally via a Plex server. In addition to the prison sentence, the verdict was a claim for conpensation of DKK 7,500. The Court in Copenhagen, 4 March 2021

A 35-year-old man was sentenced A\A… a A\A3a A\ASA&A\A3AIAIA’aAIAIA sharing of movies and series. The sentence was 60 days conditional imprisonment and compensation of DKK 40,000. The Court in Odense, 23 March 2021.

A 38-year-old man was sentenced to 20 days probation for screening and sharing movies and series in a group on Facebook. In addition to the prison sentence, the verdict was compensation of DKK 55,000. The Court in Sønderborg, on 31 May 2021.

DaA ASA3A.Aa3A3AaSA\A& DKKZZ after he pleaded guilty to having commercially caused the transport of illegal copies from Ireland to Denmark in at least 130 cases in the period 2019-2020.

Ringleaders are held accountable Illegal sale of textbooks

Illegal screening and sharing of movies Transport of counterfeit goods

Application for action RIGHTS ALLIANCE IS AVAILABLE to the customs authorities on behalf of our members, where we are behind the centralization of investigations and cooperation with authorities. This has a great effect, as several members are often affected by the same illegal distribution channels and the same culprits, as can be seen in the seized transports. In 2021, on behalf of six design members, Rights Alliance has submitted applications for action both in Denmark and in the EU with the aim of protecting the members’ rights at European borders. During the year, we have dealt with several customs stops in Denmark, Sweden, and Germany, after which the customs authorities have confiscated the illegal copies. Due to COVID-19, The Danish Customs Agency has not held customs seminars for rights holders in 2021.

Blocking of payment service providers OVER THE YEARS, the Rights Alliance has developed a close international collaboration with EUROPOL and European IP organizations. In 2021, this has been reinforced through new joint international efforts to block payment service providers on online replica services. The effort will continue in 2022, together with other joint initiatives prompted by the collaboration above and other European IP organizations and EUROPOL

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Campaigns and projects The

year has offered the further development of several established campaigns and initiatives, which aim to shift the norms for use of illegal content. This has led to a new version of the Os Der Elsker Film (We Who Love Movies) campaign, which was launched in early summer. But 2021 has also provided a framework for the development of new campaigns and awareness-raising efforts to equip different target groups to navigate between legal and illegal behaviour. We have secured funding for courses on IPR targeted at future primary school teachers and current students in profesional educations. These will be implemented in 2022, just as the new year will offer the start of a new information campaign that will reduce the Danish consumption of design copies.

Communications Manager Ditte Rie Agerskov tells about campaigns and projects

FilmFinder FILMFINDER IS AN INITIATIVE under Share With Care which aims to guide users from the illegal services to the legal ones via blocking signs that lead to FilmFinder.dk. Data show that over 70% of visitors to FilmFinder come from illegal sites.

In 2021, Kino.dk has been integrated into FilmFinder, whereby search on the platform now also includes cinema-relevant movies. FilmFinder has also been upgraded to make it more user-friendly. This has resulted in FilmFinder now being more inviting, intuitive, providing better search results, and covering a wider section of the legal market.

Os Der Elsker Film IN THE EARLY SUMMER OF 2021, Rights Alliance carried out the Os Der Elsker Film 2.0 (We Who Love Movies) campaign, which builds on the Os Der Elsker Film campaign from 2016. Os Der Elsker Film 2.0 ran over a period of six weeks in cinemas and on social media, where 21 graphic elements (memes) and two signature videos, widespread messages such as We who love movies support movies and that illegal streaming and downloading have consequences for the user as well as for the Danish films of the future. The campaign was a great success and reached 75% of the primary target group

(the 16-24 year olds) via social media, corresponding to 482,000 people. With the use of Community Management, dialogue and humour have had a crucial effect in raising the users’ understanding and changing young people’s behaviour. The posts achieved a total of 15,339 visible likes, comments, shares etc. In addition, the campaign was met with great support among the members of Rights Alliance, their background, and other relevant partners. Os Der Elsker Film 2.0 is supported by Biografklub Danmark Fonden, the Danish Film Institute, Producer Rights Denmark, and the Ministry of Culture. In 2022, version 2.1 of Os Der Elsker Film will be implemented, where the campaign content from 2021 will once again be spread to the Danes on social media and the big screen.

Film competition

Picture 2) Graphics. Os Der Elsker Film 2.0

RIGHTS ALLIANCE HAS IN COLLABORATION WITH LOMMEFILM developed a new teaching course, which will increase primary school students’ understanding of copyright and the consequences of sharing. The course includes 25 schools, divided into the 5 regions, where middle school students participate in a nationwide film competition. Based on the Share With Care-course Del - Med Omtanke, the students will produce

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their own films about rights, which will subsequently be shared on social media. In each region, one winner is chosen to advance in the national competition. The 1st prize is a visit to Christiansborg for the winning class. The film competition will be held in the spring of 2022 and is supported by Producer Rights Denmark, the Danish Film Institute and the Ministry of Culture.

Project Consultant

tzTinaSchü Bonichse

tells about pres

agervoc

Os Der Elsker Viden IN 2021, THE CAMPAIGN Os Der Elsker Viden (We Who Love Knowledge) has once again educated and motivated the country’s students to legally use study material, especially around the start of studies and semesters. Around the start of studies in the autumn semester of 2021, the campaign reached 91,500 people, most of whom were in the age group 18-24, via ads on Facebook and Instagram. In recent years, Rights Alliance has intensified its efforts to engage educational institutions in the fight against the illegal use of textbooks. In the spring of 2021, Rights Alliance, Danish Publishers, Danish Authors’ Society, and The Danish Chamber of Commers therefore

submitted a debate post to AkademikerBladet, which emphasized the need for educational institutions to take responsibility for reversing the inappropriate culture regarding sharing and copying textbooks. Here, this year’s criminal cases and communication about consequences have contributed to the illegal sharing of textbooks being more articulated and debated during the year. In 2022, the new Epinions survey will give Os Der Elsker Viden updated knowledge about Danish students’ illegal use of textbooks, and an adapted version of the campaign will run at the start of studies and semesters.

Billede 3) Grafik, Os Der Elsker Viden

Press coverage of literature cases IN 2021, OS DER ELSKER VIDEN focused in the media on the illegal use of textbooks, including a feature in Radio4 Morgen on May 26. But the press’ interest in the also led to a stronger precentive effect, as a result of the media’s coverage of lawsuits in the field of literature. In September 021, there was a massive press coverage following a decision in a lawsuit in which a 28-year-old former student at the social worker programme at Via University College in Aarhus was convicted of having sold access to illegal copies of textbooks.The lawsuit was covered by nationwide daily newspaper, local newspapers, and DR (Danish Broadcasting Corperation) who followed up with several articles and an in-depth focus on rules and students’ behaviour. The latter led to polls on DR News’ Instragam profile, and Danish Publisher and Rights Alliance answered questions about legal and illegal use of textbooks in dr.dk’s format TÆT PÅ.

Illegal digital textbooks is still a huge problem IN JANUARY 2022, EPINION CONDUCTED a new survey for Rights Alliance on Danish students’ acquisition of digitial textbooks. The results showed that 80% of the students use digital textbooks. 48% of these users state that they have acquired at least one digital textbook illegally. The survey shows that illegal acquisition is still widespread in higher education,

and that illegal sharing most often takes place in the close environment among friends and fellow students. The survey also shows that the majority of students (68%) are aware that selling and sharing digital textbooks is generally illegal, but that most still find it acceptable if a student shares a digital textbook with a fellow student.

80%

48%

44%

68%

of students in higher education uses digital textbooks.

of these users state that they have acquired at least one digital textbook illegally.

state to be informed on the rules regarding sharing digital textbooks by their educational institution.

find it acceptable if a student shares a digital textbook with a friend or fellow student.

are aware that selling and sharing digital textbooks is illegal, unless you have gained promission from the rights holder.

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TRAIN TRAIN IS A LEARNING COURSE targeted at teacher education, which will equip future primary school teachers to teach their students dos and don’ts in copyright. It is important that the younger generations learn about the difference between legal and illegal use of content so that they can make legal choices on the Internet. TRAIN upgrades the primary and lower secondary school’s competencies within copyright by creating ambassadors for rights and legal behaviour among newly graduated teachers. TRAIN will consist of dialogue-based teaching courses for the teacher students at a number of university colleges

throughout the country. The project is being developed in collaboration with members of Rights Alliance and is supported by the Ministry of Culture together with the Dreyer Foundation. TRAIN is expected to be completed during 2022.

UDRET UDRET is a compilation of UDdannelse (education) and RETtigheder (rights) and an information project, targeted at students at universities and university colleges. Through a basic course that makes use of physical dialogue meetings, video material, and quiz formats, the students are taught copyright. If we obtain

Design companies stand together in the press IN THE SPRING OF 2021, Rights Alliance and several design members participated in press coverage of the challenges due to design copy. Here, PP Møbler, Carl Hansen & Søn, Louis Poulsen, and Onecollection shared their experiences of being copied and what consequences this has for the industry. The press coverage was also based on data from Rights Alliance’s replica survey conducted by YouGov.

Through a communication effort towards the restaurant industry, Rights Alliance has, via HORESTA, also focused on the fact that it is illegal to display copy furniture in the restaurant industry. This was based on PP Møbler’s victory in the case against a restaurant in Skive, which was convicted in June 2021 after showing 66 copies of Hans J. Wegner’s iconic designer chair ‘The Chair’.

funding, Rights Alliance will in 2022 carry out trial courses on professional educations, such as the nursing programme, where the curriculum is often exposed to copyright infringement. UDRET is being developed in collaboration with Gyldendal and the first trials will be held in the third and fourth quarters of 2022.

Os Der Elsker Originaler OS DER ELSKER ORIGINALER (We Who Loves Originals) is a new campaign to inform the public about rules and consequences regarding the purchase and sale of design copies. Like Rights Alliance’s other campaigns, Os Der Elsker Originaler

will recognize rather than intimidate, and the campaign aims to motivate people to choose original Danish design and help protect our identity as a design nation. The campaign will also provide information on the personal reasons for chosing not to buy copies, which concerns both consumer safety considerations and CSR perspectives in production. Os Der Elsker Originaler is still in the start-up phase, as the full financing of the project will be confirmed in the spring of 2022. At the time of writing, the campaign is supported by the Dreyer Foundation and the Træets Uddannelses- og Udviklingsfond.

One out of ten danes have bought design copies IN THE BEGINNING OF 2021, YouGov conducted a qualitative survey for Rights Alliance, which examined the Danes’ knowledge, motivation, and knowledge regarding purchasing design copies. 19 people participated in a chat focus group, the majority of whom has experience in purchasing design copies. The survey has provided insight into the advantage and disadvantage that Danes see when buying copies, but it also shows that several of the participants were

surprised by the personal consequences the copy product can have, The survey is based on a quantitative consumer survey conducted by YouGov for Rights Alliance in 2020. The surveys together provide a broad insight into Danes’ knowledge, attitudes, and behaviour regarding design copies and form the bases for det campaign Os Der Elsker Originaler.

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Political initiatives and collaborations

021 has marked that Denmark had the new copyright law implemented in June. Rights Alliance has subsequently worked to ensure that the application of the new law lives up to the ambitions for better enforcement of rights on online platforms such as Facebook and Google. At the same time, Rights Alliance has worked with the EU Commission’s forthcoming regulation Digital Services Act, where the focus is also on ensuring an effective process for removing illegal content using trusted flaggers.

Senior Advisor Allan Bartroff tells about political initiatives

During the year, Rights Alliance has upgraded its efforts in several relevant forums and collaborations. This has offered a restart for Dialogue Forum, joining DIFO’s board of directors, and an effort to revive the Growth Plan for the Creative Industries’ ambitions for more effective enforcement of rights.

Digital Services Act IN THE PAST YEAR, Rights Alliance has met with the Ministry of Industry, Business and Financial Affairs and relevant members of the Danish EU Parliament, as part of the negotiation process on the

EU’s forthcoming Digital Services Act (DSA). Here, Rights Alliance has emphasized the need to ensure a system for trusted flaggers to ensure more effective processes for processing and taking down illegal content, by government-approved reliable informants identifying illegal content as non-profit rights holders’

representatives. The Digital Services Act is expected to be adopted in the first half of 2022.

Board work in DIFO and DK Hostmaster IN APRIL 2021, the CEO of Rights Alliance, Maria Fredenslund, was elected to the board of the Danish Internet Forums (DIFO) and DK Hostmaster after a close election. DIFO manages .dk-domains through the subsidiary DK Hostmaster, and the association thus constitutes a significant service provider in the fight for a more secure internet. Thus, DIFO is an important partner for the rights and political activities of Rights Alliance. Among other things, Rights Alliance and MPA used DIFO’s proactive model for verifying owners behind .dk-domains as an example in the work for a Know Your Business Customer requirement in the EU’s forthcoming Digital Services Act (DSA).

Dialogue Forum IN 2021, DIALOGUE FORUM was restarted, and the effort was expanded with new co-signatories of Codex, including among others TrustPilot and

Publishers Platform. The signers to the Codex agreement undertake to block advertisements for and payments for illegal services. This is done with the help of the so-called Danish Cooperation List of services known to be illegal via the court’s blocking order. The Rights Alliance provides content for the list, which is then distributed by the Ministry of Culture due to personal data considerations. By also including review services, Dialogue Forum’s coverage area is increased to now also be able to prevent illegal services from profiling themselves through reviews on these services. However, the constitution of a new steering group and an executive committee of the Dialogue Forum has been postponed until March 2022, due to covid-19.

New copyright act and Article 17 forum IN JUNE 2021, THE NEW COPYRIGHT ACT came into force, whereby the EU’s new copyright directive from 2019 was implemented in Danish law. It provides new opportunities to secure against illegal content on the Internet, as platforms gain increased responsibility for user-uploaded content. The new copyright act means that, e.g., Facebook and Google must give rights holders access to updated and

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effective tools that can detect and remove copyright infringing material. The law proposes that the definition of updated and effective tools be agreed between the actors involved, initially without direct government intervention. With this in mind, Rights Alliance facilitates a voluntary Article 17 forum, with the participation of platforms such as Google, Facebook and TikTok, to which Rights Alliance will represent the rights holders. The intention is that the Article 17 forum will continuously monitor access to tools and address any issues in the bud, while technical details are generally clarified bilaterally. Following the conclusion of a letter of agreement, the first meeting of the Article 17 Forum will be held in early 2022.

Growth initiatives THE GOVERNMENT’S GROWTH PLAN for the Creative Industries from 2019 presented ambitious initiatives for securing rights in the creative sector. However, these have not yet led to clear results and have apparently not been a political priority, probably due to covid19. The Ministry of Justice’s consultation on streamlining blocking decisions in May 2021 has therefore not yet resulted in either a consultation memorandum or measures. Rights Alliance has repeatedly called for a status for the growth initiatives but is still awaiting a response. Therefore, in order to meet the need for more efficient enforcement, Rights Alliance has submitted a concrete proposal to the Chairman of the Legal Affairs Committee by the end of 2021.

New members • Danish Authors’ society • Nuuday • & Tradition • Scanbox • SF Studios • Zentropa

Responses to consultations •

Ministry of Culture: Høring over forslag til lov om ændring af lov om ophavsret (Consultation on a proposal for an amendment to the Copyright Act) (January)

•

Ministry of Justice: Høring vedr. Domstolenes sagsbehandlingstid ved den civilretlige blokering af hjemmesider med ulovligt indhold (Consultation on the courts’ processing time for the civil blocking of websites with illegal content) (May)

•

Danish Internet Forum (DIFO): Bemærkninger til Høring over nyt vilkår for .dk-domænenavne til bekæmpelse af internetkriminalitet (Comments on consultation on new terms for .dk domain names in order to combat cybercrime) (November)

•

Ministry of Industry, business and financial affairs: Høring af udkast til lov om regulering af sociale medier (Consultation on Draft Bill on regulation of social media) (January 2022)

Member events In 2021, Rights Alliance has continued the great experiences with virtual membership events. It has helped to increase the number of participants: • Webinar on the digital teaching courese Share – With Care, in collaboration with the Ministry of Culture and UBVA, 12 January • Webinar on the closing of .A DaA S A 3A .A 3A S A Aa Z A 28 January • Webinar on illegal TV oand streaming, in collaboration with The Danish Chamber of Commerce, 24 February • Members meeting on Os Der Elsker Film 2.0, 24 March • Members meeting on the 3A IA IA ’A IAa IA Q A Q A F Aa Z A in collaboration with DFI, 30 September

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Goals for 2022 THE BEGINNING OF 2022 MARKS a reality in which the rights holders in Denmark can benefit from specific protection of their rights. Due to a groundbreaking development from general enforcement through blockings, political work, and campaigns, to specific and proactive protection of rights on Facebook and YouTube, it is now possible to strike before the infringements occur. It is a crucial step in limiting the illegal use of content that is increasingly taking place on these very platforms.

DirektørMaria Fredenslund tells about goals for 2022

A KEY FOCUS IN 2022 will therefore be to test the platforms’ tools, secure resources to manage them, and onboard our members so that their rights are protected on YouTube and Facebook services. THE NEW YEAR ALSO ENTAILS a change of scene for the police’s IPR unit, which in future will be located in the State Prosecutor for Serious Economic and International Crime under the Special

Crime Unit (NSK). Until today, the IPR unit has been the prerequisite for the police’s efforts in the field of copyright. Therefore, the rights holders and the Danish business community focus on ensuring that IP crime is not downgraded in the new constellation. But the restructuring also provides new opportunities to strengthen efforts in the field of copyright, through the specialized competencies within digital crime in NSK. A continued focus for Rights Alliance

is therefore to show the close connection between copyright crime and financial crime, which is seen in the illegal distribution of hacked passwords to streaming services and fraud against consumers, where creative content and Danish brands are misused. AWARENESS OF THE CONSEQUENCES of piracy is more important than ever. Not only in terms of the serious consequences for the industry, but especially that piracy has serious consequences for users who risk punishment and compensation claims. IN 2021, WE HAVE SHAPED public opinion on piracy and stressed that it is not without risk to use illegal content. The criminal convictions of the past year speak for themselves, and we expect that more examples of user liability will be established through the criminal cases, actions, and convictions that are on the way in 2022. The interaction with the police’s efforts and actions is crucial, as it allows us to spread messages so that the consequences are clear, even for the inveterate users. Thus, democracy, law and order are seriously moving into the Internet at this

time, for which Rights Alliance has the task of optimizing the process so that the rights of our members are effectively protected. COOPERATION IS STILL A KEY word for Rights Alliance, and we experience that the Danish approach is well received by international partners. A continuing focus will be on strengthening the opportunities to quickly reach agreements on collaborations with service providers, online platforms, etc., as this ensures us an increasingly effective platform for protecting rights. Exactly this Danish approach establishes a system for rights protection, which the rights holders in many other countries look at enviously. SECURING THE SUPPORT and financing of the work with rights is a prerequisite for us to continue to offer a Danish market where piracy plays a secondary role and not a major role in business development and market conditions. This is an effort that benefits all rights holders as well as consumers. Among other things, we hope this will be reflected in the 2022 political agreements.

Copenhagen, March 2022 On behalf of The Board of The Danish Rights Alliance CEO Maria Fredenslund