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EU Legal Landscape & Collective Rights Management, IFRRO

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All rights reserved by Olav Stokkmo, IFFRO Chief Executive

All rights reserved by Olav Stokkmo, IFFRO Chief Executive


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    • 1. EU legal landscape and Collective Rights Management by RROs Reproduction Rights Organisations
      Olav Stokkmo, IFRRO Chief Executive
      11 December 2010
      IFJ Conference, Thessaloniki (Greece)
    • 2. Concerns journalistic works
      Collective Rights Management Text & Image based works
    • 3. Reprography What is it?
      Copy from published work
      on to a graphic surface
    • Reprography and legislationFundamental principles
      Berne Convention
      EC © Directive
      • Reprography (5.2a)
      • 21. Fair compensation
      • 22. Private copy (5.2b)
      • 23. Fair compensation
      Berne Convention
      EC © Directive
      • Limitations to exclusive rights
      • 24. Special case
      • 25. Not conflict with normal use
      • 26. Not prejudice legitimate interest of author
    • LegislationEnabling control – supporting access
      Exclusive rights
      Luxembourg, Malta
      Ireland, UK (Education: Obligation to take up a licence)
      Exclusive rights and legislative support
      Extended Collective Licence - Nordic countries + Voluntary
      France (Compulsory collective management) + Voluntary
      Latvia (Legal presumption)
      Legal licence
      Netherlands, Switzerland (+ Voluntary)
      Levies
      Austria, Belgium, Germany, Hungary, Slovenia, etc.
      Spain, Greece, (+ Voluntary)
    • 27. Reprography and similar reproductionCompensation in 2009
      Collection by IFRRO members
      • € 1,03 billion
      Journalistic material; Examples %
      Journalist involvement depends on
      International Federation of
      Reproduction Rights Organisations
      RROs
      Creator & Publisher
      bodies
    • 32. Indispensible to culture, knowledge, education, development, and economy
      Copyright based industries
    • 33. Value of the creative industries
      • Cultural value
      • 34. National identity
      • 35. Fiction, non fiction (science, technology, education), poetry, drawings, photographs... And more!
      • 36. “Cultural industries” work within
      • 37. Culture
      • 38. Knowledge
      • 39. Entertainment
      • 40. Economic importance
      • 41. Incentive to create and publish
      • 42. Text book publishing = print publishing engine
    • Economic contribution of the creative industries – WIPO
      http://www.wipo.int/export/sites/www/ip-development/en/creative_industry/pdf/eco_table.pdf
    • 43. Copyright based sectorContribution to GDP by industry – WIPO
      10
    • 44. Collective Rights Management
      in text and image based works
      Creators and publishers providing access through collective management and RROs
    • 45. Why are photocopies made?
    • RRO Collective Management Complements individual rights administration
      Individual admin when creator/publisher wants it
      Collective management when individual admin is
      Impossible
      Typically Orphan works
      Impracticable or Insufficient
      Typically Multiple copying; Out-of-Commerce works
      RRO complementsindividual management
    • 65. RROs -Reproduction Rights OrganisationsSet up/Governed jointly by Authors and Publishers
      Operate on the basis of mandates from; governed by
      • Creators and Publishers
      • 66. Writers including journalists; Visual artists; Composers
       Publishers (Book, journal, newspaper, magazine, music)
      • Legislation
      Key facets of RRO activities
      Awareness raising; Copyright enforcement
      Licence, collect and distribute revenues;
      Reprography; certain digital uses
      Distribution rules decided by creator and publisher members
    • 67. Digital sources and applications
      Sources
      Applications and uses
    • 68. Content of RRO licences
      Limited extracts
      • 5-15%; chapter; article
      • 69. Personal and Internal use
      Permitted uses
      • Photocopying and scanning
      • 70. Download, store, print, internal dissemination, external dissemination
      • 71. Newspaper cuttings
      Authorised users
      Fees; Terms
      Usage reporting requirements
      Compliance awareness
    • 72. RROs Areas of Licensing
      Education at all levels
      Schools; Universities; Further education; Distance Education
      Public Administration
      Government; Regional; Local
      Trade and Industry
      Public and Research libraries
      Religious bodies
      Cultural institutions
      Copy shops
    • 73. IFRRO
      International Federation of Reproduction Rights Organisations
      It takes 20 years to arrive spontaneously at an immediate successEd Cantor
    • 74. IFRRO – 128 Members in 65 CountriesThe International Link and Global network
      RROs (73)
      Mandate to licence reprography
      59 RRO Members
      Represent publishers and creators
      14 Associate Members
      Represent publishers or creators
      Creators and Publishers associations
      International
      IFJ, EWC; ENPA, FAEP, FEP; EVA
      National
      NUJ, ALCS; PA, PLS; DACS
    • 75. IFRROGovernance and Work form
      Annual General Meetings
      Board of Directors
      8 RRO Directors and Substitute Directors
      2 Publishers Directors and Substitute Directors
      2 Authors Directors and Substitute Directors
      Committees/Working Groups and Fora
      e.g. Asia Pacific Committee
      Newspapers, etc; Visual Material; Musical works
      IFRRO Business Models Forum (IBMF); Legal Issues (LIF)
      Cooperation activities
      WIPO; UNESCO; EU; ARIPO, OAPI, CERLALC, APEC, ASEAN
      Policy work, Awareness, Training, Anti Piracy work
    • 76. RROs facilitate access
      New areas of licensing
      Every decision is like surgery. It is an intervention into a system and therefore carries with it the risk of shock. Peter Drucker, The Effective Executive
    • 77. RRO activitiesNew Areas for Potential Development
      Digital Libraries
      Orphan Works
      Works out of Commerce
      Model Licensing Agreements
      Rights Clearance Centres
      Databases/Registries
      People with reading impairment
      • Trusted Intermediaries (TI) pilot project
      WIPO VIP Stakeholder Platform
      EC VIP Stakeholder Dialogue - MoU
    • 78. ARROWAccessible Rights Registries and Orphan Works
      Facilitates EUROPEANA
      Identifies electronically
    • In Conclusion
    • 91. Licensing by RROsCreating a win-win-win session
      Working within established structures
      Developing practical alternatives
      National equilibrium maintained
      Toolbox of solutions
      Flexible interaction between licensing and exceptions
      Benefiting users, creative industries
      & society at large
    • 92. Thank you for your attention
      www.ifrro.org
      Olav.Stokkmo@ifrro.org