Save the date! How can the reform unlock copyright for users?

Christus slaapt aan boord van het schip tijdens de storm
September 8 in Brussels
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We are impatiently awaiting the European Commission’s communication on the copyright reform that should happen on September 21st. We have a list of issues we think it should cover and together with EDRi we want to talk about what doesn’t work and should be changed as well as what does work and should be further reinforced.

On September 8th in Brussels MEPs Therese Comodini Cachia (EPP) and MEP Carlos Zorrinho (PASD) will host an event co-organized by COMMUNIA and EDRi on the possible future scenarios for copyright.

8.09 save the date

Our friends at EDRi will talk about the copyright deficiencies and areas for change based on their fascinating Copyfails series. We will talk about the need to reinforce users’ rights through the harmonization of limitations and exceptions based on our Best Case Scenarios for Copyright. Kennisland, a Communia member, will present the copyrightexceptions.eu, which collects and visualises where limitations to copyright are implemented in EU member states.

Regardless of the text of the EC Communication we will have our eyes set on the reform that should both protect users’ rights and adjust copyright for the 21st century. We are grateful that MEP Comodini and MEP Zorrinho are hosting this event and help spread this message.

We will publish the agenda of the event and registration info in mid-Agust. Meanwhile, please save the date for this important debate. See you on September 8th, 11:00-13:15 in the European Parliament, Brussels.

 

Research: Orphan Works Directive does not work for mass digitisation

trainwreck
Orphan Works directive: as useless as expected
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In 2012 the European Parliament adopted the Directive on ‘certain permitted uses of orphan works by cultural heritage institutions’. The directive intends to fill the gap between the mission of cultural heritage institutions to share cultural works to citizens, and the complex, costly, and sometimes impossible task of locating rightsholders to get permission for online publication of these orphaned yet still-in-copyright works.

COMMUNIA’s 2012 analysis of the directive showed that it was bound to be a train wreck. A preliminary comparative study of the situation in the UK, the Netherlands, and Italy undertaken by the EnDOW project reveals that the national implementations of the directive across Europe do not provide the much needed solution for the problem of orphan works.

Under the directive, cultural heritage institutions are allowed to publish works online for viewing (not re-use) after a ‘due diligence search’ has been performed, recorded, and submitted to the orphan works database at OHIM. Works that have been registered in this database can then be digitized and made available online under an exception to copyright. So far the project only published its initial results, but we can already see that this piece of legislation will most likely not contribute to large-scale use of orphan works by Europe’s Libraries, Museums & Archives.

The main reason for this is that the diligent search requirements established by the directive have been implemented by member states in such a way that the cost of undertaking a diligent search is prohibitive. The study collected over 210 sources, databases, and registers that need be checked in diligent searches in the UK alone. Researchers from Italy found 357 possible databases and registers. Of the 87 identified sources in the Netherlands, 40 were not freely accessible, and 36 of these required personal contact or a physical visit to an institute. Since the legislation requires cultural heritage institutions to be diligent, they need to check each and every source to be covered by the limited exception provided by the directive.

These results illustrate that the EU approach to orphan works is unreasonably complex and won’t adequately address the problem it’s trying to fix. This is further shown in the actual number of orphan works available through the OHIM Orphan Works Database, which currently only shows 1,435 registered works. More than half of them are in the collection of the Dutch EYE Film Institute (which has worked on rights clearance for these works since at least 2008).

The preliminary results of EnDOW provide evidence that the European Union has failed in this attempt to provide much needed digital access to Europe’s cultural heritage. Given that the Orphan Works Directive does not help with mass digitisation projects, this means that there is a continued need to provide legal mechanisms that allow cultural heritage institutions to make works in their collection available online.

Note: This contribution has been written by Maarten Zeinstra. Maarten is technical advisor to EnDOW. The ideas expressed in this post should not be attributed to EnDOW.

Lisbon Council report shows economic value of flexible copyright

Lisbon Council has published the “2015 Intellectual Property and Economic Growth Index”, which aims to provide evidence for impact of different copyright regimes on economic growth. Positive relation between flexible copyright regimes and economic growth, including in the creative sectors, is the main finding of the report.

Paul Keller, from our member organisation Kennisland, has written an opinion about the report. Paul writes that:

[the report] does make one thing very clear: at least in aggregate, broader and more flexible exceptions and limitations to copyright do not undermine the ability of rights holders to generate income from their rights. In addition, countries with more flexible systems fare much better where it comes to growth of their ICT sectors. In other words, adapting the EU copyright rules by making them less restrictive and more flexible will in all likelihood not result in the collapse of the creative industries in the EU. Instead, such a move can be expected to have a positive impact on the economy of the EU.

Paul’s opinion is available on the Kennisland blog. The report is available at Lisbon Council site.