European cross-border rights clearanceLucie Guibault and Manon Oostveen2nd Europeana Workshop, 14 June 2013Institute for I...
Contents Regulatory instruments Cross-border regimes Compatibility Workflow of cultural heritage institutions Conclus...
Research question Will the work of cultural heritage institutionsbecome easier by the introduction of the MoU,the Orphan ...
The Instruments Memorandum of Understanding (MoU) on out-of-commerce works Directive 2012/28/EU on certain permitted use...
European Cross-border rights clearances 5
MoU Rights clearance based on extended collectivelicensing Scope: multi-territory mono-repertoire(extended effect limite...
Orphan Works DirectiveArticle 4Mutual recognition of orphan work statusA work or phonogram which is considered an orphan w...
Draft Directive on Multi-territoriallicensing Extra-territorial effect based on ‘passport’system One CMO gives mandate o...
European Cross-border rights clearances 9
Compatibility Issues Form and scope of implementation ofinstruments still uncertain Potential for incompatibility betwee...
European Cross-border rights clearances 11
European Cross-border rights clearances 12
Workflow of a CHI No single clear and comprehensive system toclear rights Potential problems of Restrictions Fragmenta...
Solution? Conclusion of agreements between CMOs andCHIs for cross-border use of material Problem: not all sectors of cop...
Thank you very much!For more informationLucie GuibaultL.Guibault@uva.nlorManon Oostveenmanon.oostveen@student.uva.nlEurope...
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Lucie Guibault - IViE - Cross Border Licensing 06.2013

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  • MoU: addressed to Member States and stakeholders – In France, the Act essentially gives commercial publishers the right to publish out of commerce books – libraries only have the right to make available after a period of 10 years of non-exploitation by any commercial publisher. Libraries are not the main beneficiaries of this instrument. Same remark with regards to Proposal for a Directive on collective rights management and multi-territorial licensing.
  • Lucie Guibault - IViE - Cross Border Licensing 06.2013

    1. 1. European cross-border rights clearanceLucie Guibault and Manon Oostveen2nd Europeana Workshop, 14 June 2013Institute for Information Law
    2. 2. Contents Regulatory instruments Cross-border regimes Compatibility Workflow of cultural heritage institutions ConclusionEruopean Cross-border rights clearance 2
    3. 3. Research question Will the work of cultural heritage institutionsbecome easier by the introduction of the MoU,the Orphan Works Directive and the Directiveon collective management and multi-territoriallicensing of online musical works? Are the cross-border provisions of the threeinstruments compatible with each other?European Cross-border rights clearances 3
    4. 4. The Instruments Memorandum of Understanding (MoU) on out-of-commerce works Directive 2012/28/EU on certain permitted usesof orphan works Proposal for a directive on collectivemanagement of copyright and related rights andmulti-territorial licensing of rights in musicalworks for online usesType the footer here 4
    5. 5. European Cross-border rights clearances 5
    6. 6. MoU Rights clearance based on extended collectivelicensing Scope: multi-territory mono-repertoire(extended effect limited to national repertoire) No direct extra-territorial effect Possibility to limit scope of extended effect intypes of uses and territoryEuropean Cross-border rights clearances 6
    7. 7. Orphan Works DirectiveArticle 4Mutual recognition of orphan work statusA work or phonogram which is considered an orphan workaccording to Article 2 in a Member State shall be considered anorphan work in all Member States. That work or phonogrammay be used and accessed in accordance with this Directive inall Member States. This also applies to works and phonogramsreferred to in Article 2(2) in so far as the rights of the non-identified or non-located rightholders are concerned.European Cross-border rights clearances 7
    8. 8. Draft Directive on Multi-territoriallicensing Extra-territorial effect based on ‘passport’system One CMO gives mandate of representationto another CMO Likelihood of concentration of the market to afew ‘super’ CMOs Reciprocal agreements between CMOs stillnecessaryType the footer here 8
    9. 9. European Cross-border rights clearances 9
    10. 10. Compatibility Issues Form and scope of implementation ofinstruments still uncertain Potential for incompatibility between regimes atnational and cross-border level because ofpossible co-existence of ECL for books/articlesand Orphan Works statusType the footer here 10
    11. 11. European Cross-border rights clearances 11
    12. 12. European Cross-border rights clearances 12
    13. 13. Workflow of a CHI No single clear and comprehensive system toclear rights Potential problems of Restrictions Fragmentation ImplementationType the footer here 13
    14. 14. Solution? Conclusion of agreements between CMOs andCHIs for cross-border use of material Problem: not all sectors of copyright are equallyorganized to allow representative agreementsto be concluded Other solutions????????Type the footer here 14
    15. 15. Thank you very much!For more informationLucie GuibaultL.Guibault@uva.nlorManon Oostveenmanon.oostveen@student.uva.nlEuropean Cross-border rights clearances 15

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