Presentation given at the EUscreenXL Strategic Workshop on IPR Regulations for Audiovisual Heritage, The Hague, 13 May 2014

1. Answers, Questions,
Legal Issues
Réka Markovich
ELTE

2. Survey
Consortium members, partners
Collection part
63 respondents
Legal part
8 respondents

3. Survey outcomes
What do you consider to be the main legal issues, if any,
that hinder provision of online access to your collections?
- Provisions of Law on Copyright and Related Rights
- Data & Personal Rights; Copyright
- Legal deposit prevents any online access to collected material. IPR issues for the collections Ina
partially holds rights for
- Requires the consent of the Rights Holder. Access only against remuneration. If the copyright
holder cannot be located or is unknown no access can be given. However Germany is the first
EU MS which has transposed the Directive on Orphan Works, so this situtation will change soon
- For online access is necessary obtain permission from all stakeholders and this is often
complicated
- Copyright act not fit for digital age - too little limitations in
- The issue of copyright

4. Survey outcomes
What do you consider to be the main legal issues, if any,
that hinder provision of online access to your collections?
- Provisions of Law on Copyright and Related Rights
- Data & Personal Rights; Copyright
- Legal deposit prevents any online access to collected material. IPR issues for the collections
Ina partially holds rights for
- Requires the consent of the Rights Holder. Access only against remuneration. If the copyright
holder cannot be located or is unknown no access can be given. However Germany is the first
EU MS which has transposed the Directive on Orphan Works, so this situation will change soon
- For online access is necessary obtain permission from all stakeholders and this is often
complicated
- Copyright act not fit for digital age - too little limitations in
- The issue of copyright

5. Survey outcomes
What kinds of constraints does your organization apply
to the online access of your digital collections?
• Onsite access only – 4
• Online: streaming only – 6
• Online: streaming only for a specific region (geoblocking) – 4
• Online: streaming only for paying individuals (paywall) – 1
• Online: streaming only for paying organisations (subscription) – 1
• Online: open access (anyone can share, download) – 0
Expanded answers by participants:
• Online Streaming for spec. region: IP-blocked
• Streaming only for educational purposes

6. Survey outcomes
What kinds of access do you provide for your digital
collections? (question in collection part)
• Onsite access only – 12
• Online: streaming only – 13
• Online: streaming only for a specific region (geoblocking) – 7
• Online: streaming only for paying individuals (paywall) – 1
• Online: streaming only for paying organisations (subscription) – 6
• Online: open access (anyone can share, download) – 7

7. Survey outcomes
What is your institution’s policy toward on-line access to
its collections?
The digital archive of national documentaries as well as the access of it. Registered portal users have the ability
to order the documentary film or a copy of the extract, view ordered information.
We try to be as open as possible under the current legal possibilities
No comment, as our organisation is an association of 44 members with different policies.
The policy toward on-line access is positive, but there are limitation of the copyright law.
Trying to establish collective agreements with rights-holders and/or collecting organisations
Institution has not develop formal policies of access to online collection

8. Survey outcomes
What is your institution’s policy toward on-line access to
its collections?
The digital archive of national documentaries as well as the access of it. Registered portal users have the
ability to order the documentary film or a copy of the extract, view ordered information.
We try to be as open as possible under the current legal possibilities
No comment, as our organisation is an association of 44 members with different policies.
The policy toward on-line access is positive, but there are limitation of the copyright law.
Trying to establish collective agreements with rights-holders and/or collecting organisations
Institution has not develop formal policies of access to online collection

9. Survey outcomes
Mostly agreed claims
The financial resources to make our collections 4,24
available online are insufficient
Making our archive materials available online creates
greater visibility for our organization 4,60
Making our archive materials available online enables people
who want to buy footage from us to find it more easily 4,44
Making our archive materials available online supports our
organisation's mission to make archive materials publicly available 4,36
Making our archive materials available online contributes
to public knowledge 4,65

10. Questions
Whether…
…is it a perspective to strengthen the unification of European regulation?

11. Questions
Whether…
…is it a perspective to strengthen the unification of European regulation?
…is it better to mend the exceptions or to seek a general solution?

12. Questions
Whether…
…is it a perspective to strengthen the unification of European regulation?
…is it better to mend the exceptions or to seek a general solution?
…could a legaldeposit-like institution solve the problem?