Europeana AGM 2015, 4/11, Kerstin Herlt, ACE, "FORWARD - IPR, Orphan Works, Rights Assessment For Audiovisual Works"
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Ignite talk during the Europeana Association Network AGM 2015. FORWARD: a Film Archive initiative for a EU-wide Audiovisual Orphan Works Registry
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Europeana AGM 2015, 4/11, Kerstin Herlt, ACE, "FORWARD - IPR, Orphan Works, Rights Assessment For Audiovisual Works"
- 1. IPR, ORPHAN WORKS, RIGHTS ASSESSMENT FOR Audiovisual Works Kerstin Herlt, Association of European Film Archives Europeana AGM, 2-4 NOV 2015, Amsterdam Co-funded by the Community programme ICT-PSP
- 2. • A NEW TOOL TO ASSESS THE RIGHTS OF AV WORKS (READY IN 2016) • A REGISTRY FOR ORPHAN FILMS • A EU PROJECT CARRIED OUT BY 13 partners, with a focus on FILM HERITAGE WHAT IS FORWARD?
- 3. RIGHTS STATUS OF FILM COLLECTIONS ACE SURVEY on ORPHAN FILMS 2010
- 5. if you do not know whom to ask for permission, a user cannot make use of the work, without infringing copyright. invest considerable resources to locate the owner WHAT‘S THE PROBLEM WITH OW? Copyright Infringement High Costs
- 6. FORWARD AIMS TO PROVIDE CLEAR COPYRIGHT STATUS ? ORPHAN
- 7. What makes it complicated? • FORWARD system to take into account copyright laws of 10 FHI / 10 Member States
- 8. LEGAL DECISION TREE – Establish Copyright Status for a Film made in NL
- 9. And the ORPHAN WORKS DIRECTIVE FHI has Work wish to reuse allowed uses? What ? • public mission inst. • hold the work • can make use of the OW • Diligent Search • Producer’s country • Data source • Preservation • Making Available (WEB) • Cinematographic audiovisual works across the EU EU • Diligent Search • Producer’s country • Data source
- 10. … transposed into national Orphan Works Legislation
- 11. Sources for diligent search in FORWARD • Internal filmographic databases from FORWARD partners (FHI) = ok • External databases from CMO’s, producers etc = not ok • International Authority Files (VIAF etc.) = ok
- 14. FORWARD (via ACE) • Monitors the implementation the Orphan Works Directive (OWD) in the Member States • Coordinates with OHIM (EU Orphan Works Database) WHAT ELSE ?
- 15. BENEFITS Time saving Flexible, adaptable to different legal frameworks Facilitate rights information management Copyright status identification Registry of AV Orphan Works
Editor's Notes
- Brief introduction how FHI deal with IPR and ORPHAN WORKS in FORWARD
- According to results of the survey: 31 % of collections unknown rights, 21% were cosidered Orphan Works
- This is an example from Cinematheque royale de Belgique, published in the European Film Gateway:
- Research in the AV and Film Sector is complex
- PARTIALLY ORPHAN ; NOT ORPHAN
- Find another word for difficult:
- This poster shows how Dutch copyright legislation is translated into different search steps to find out if the film is protected or not:
- You can use the orphan work if you are public mission AV archive, and if the work is from your collection Before,they must carry out a diligent search through information sources that are defined in national OW legislation Yiou can use it for preservation and online (but not in your cinemas, on TV, not in exhibitions. If ist orphan in one MS it is recognoized orphan in all Ms
- The FORWARD system also must take into consideration the national legislations on EU Orphan Works. This map shows Member States that have implemented the OWD.
- Ok in a sense that checking these sources makes sense. Even if it doesn‘t make sense, you have to, because it‘s in the law.
- Step 1: You enter the flm title (you should know the production country) Step 2: Copyright status assessment process (COSAP): adapted to national legislations Step 3: If the work is not PD, you go to step three: Assisted diligent search process (ADISP): according to the Member States’ Diligent Search Rules (MS-DSR) S
- 2 subsystem: The workflow sub-system has all the functionalities to perform diligent searches, CoSAP (copyright status assessment process) and ADiSP (assisted diligent search process) processing and all necessary mechanisms involved such as querying external sources, managing manual intervention, etc. In addition, it provides a graphical user interface that allows the beneficiary user to interact with the system, not only to assist user during the workflow but also for account management. Its main goal is to populate the RII database with all the results of the diligent searches keeping track of all relevant information that provide documentary evidence of the assessments. The catalogue sub-system represents a component to support the diligent search: it actually provides input data. It collects work and party data and provides functionalities such as data management, searching, indexing. It doesn’t provide any graphical user interface but it exposes its data and functionality via an API instead. Data have to be imported in the catalogue using a common format defined among FHIs and mapped into the new repository. Once the processing of all the works is completed, the same format must be used to export back the catalogues. Taking into considerations the D3.2 requirements, it will be possible to export the results of CoSAP and a ADiSP and its conclusion.
- Bulk uploads from FORWARD to OHIM = OW Databse for all kind of orphan works..
- 13 partners: 10 FHI, FCOAL (commercial film library),, 1 technical provider is cineca, + Association of European Film Archives.