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H04 kerstin herlt_forward_project
- 1. Framework for a EU wide Audiovisual Orphan Works Registry EVA / MINERVA Conference, Jerusalem, 8-9 NOV 2015 Kerstin Herlt, Association of European Film Archives Co-funded by the Community programme ICT-PSP
- 2. • A TOOL TO ASSESS THE RIGHTS OF AV WORKS (READY IN 2016) • A REGISTRY FOR ORPHAN FILMS • A PILOT PROJECT initiated by ACE and funded by the EU • CARRIED OUT BY 13 partners, with a focus on FILM HERITAGE WHAT IS FORWARD?
- 3. WHAT IS THE PROBLEM? ACE SURVEY on ORPHAN FILMS 2010
- 4. ACE SURVEY on ORPHAN FILMS 2010 Production period (orphan works)
- 6. • Hundreds of thousands of films with unknown rights status • A large part are considered ORPHAN • Lack of reliable information to clear rights • Lack of resources to identify rights holders Rights Situation in Europe’s FHI
- 7. 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 rights owner WHAT‘S THE PROBLEM WITH OW? Copyright Infringement High Costs
- 8. FORWARD AIMS TO PROVIDE CLEAR COPYRIGHT STATUS ? ORPHAN
- 9. What makes it complicated? • FORWARD system builds on different copyright legislations (10 Film Heritage Institutions = 10 copyright laws) • EU Orphan Works Directive Dilligent Search Guidelines
- 10. LEGAL DECISION TREE – Establish Copyright Status for a Film made in NL
- 11. Key points of the EU 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 ( • Non- commercial • Cinematographic audiovisual works across the EU EU • Diligent Search • Producer’s country • Data sources
- 12. Sources for a Diligent Search (AV) • Diligent Search • Producer’s country • Data source
- 13. … transposed into national Orphan Works Legislation
- 15. Specifics of the AV sector many authors: at least four, so the diligent search must be repeated n- times. lack of national registry, many sources in each country, Feeding missing data in some cases entered manually The DS must be tailored on national legislations
- 17. Summary of FORWARD goals FO RWARD GOALS Rights status assessment tool Support Diligent Searches Reduce costs to clear rigths More films with clear rights indication Help FHI to implement OWDBuild a registry of AV Orphan Works
- 18. FORWARD (via ACE) • Monitors the implementation the Orphan Works Directive (OWD) in the Member States • Coordinates with OHIM (EU Orphan Works Database) WHAT ELSE ?
- 19. WHAT ELSE ?
- 20. Statistics OHIM Database Countries with orphan works registered in database Total = 11 Orphan Work database records = Total 1352 Orphan AV Works = 733 Countries with no orphan works registered in database Total = 20 September 2015 Source: Office for the Harmonisation in the Internal Market
- 21. EXPECTED FORWARD 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
- Forward is a three years project that started mid 2013, aiming at creating a tool to assess the rights of audiovisual works and a rights registry for orphan fillms. ACE is a network of 44 national and regional FHI across Europe, with a public mission, non-proft (requirment on membership) One of the main tasks of ACE is representing the interests / lobbying of the FHI toward the Europeana Commission, and the EU Parliament, Mainly on copyright, but also And wanted spmething similar than ARROW – rights mangement tool and rights registry for the books sector. Some 1 Mio films in total (24 FH replied), 50% rights label (probably not the latest updates).
- In 2009/2010 ACE carried out a survey on the 40% rights have been researched. Mention HLEG Expert Group on Digital Libraries – Copyright: Find a solution for the so-called 20 century black hole: Orphan Works were seen one of the obstacles to give access. Final recommendations: Rights Clearance Centres, Rights Registries for Orphan Works, Agreements on Out-of-print works. ACE decided to do a survey to see how many films in their collections have a rights statemement. Survey from 2010 to evaluate the rights status of the film collections preserved in ACE‘s member archives. According to results of the survey: 31 % of collections unknown rights, 21% were considered Orphan Works. At that time, for 1/3 of the collection rights have not been researched and are not known, 1/3 rights known, and 1/3 orphan and presumed orphan works.). Some 1 Mio films in total (24 FH replied), 50% rights label (probably not the latest updates).
- Production period: More than 50% were produced before 1950.
- This is an example from Cinematheque royale de Belgique, published in the European Film Gateway: Explain what European Film Gateway? What you can see here is film which has been made available in the context of the EFG1914 project. Ran from 2012-2014 digitizing and giving access to films from and about First WORLD WAR. 5000 titles EFG is the aggregator for film heritage in Europeana. – EU Screen for av archives, is EFG for the Film Heritage domain. EFG is run by the Association of European Film Archives. European Film Gateway 1914: 70% copyright protected, 12 % Public Domain, 18% Orphan WorksEFG doesn‘t display rights information, because at the time when EFG was developped, rights information fields were not forseen by defaul the films are labelled copyright protected – unsatisfying sitution. European Film Gateway 1914: 70% copyright protected, 12 % Public Domain, 18% Orphan Works. William Held
- Moneywise, but also expertise: Only the really big archives have a legal department or at least a legal advisor.
- Research in the AV and Film Sector is complex
- DO rights clearance in a more systematic way and streamlined wayUser to get a clear indication if the work is PD, C, Orphan or PARTIALLY ORPHAN ; NOT ORPHAN.
- Legal wise, I am not speaking about the technical features and funtionalities. NOT COMPLETELY DIFFERENT, BUT THEY HAVE MANY VARIANTS, FIRST OF ALL THE MORE AUTHOR ORIENTED CR (GERMANY, FRANCE, SOUTHERN EUROPE) AND THOSE COUNTRIES THAT FOCUS MORE ON THE PRODUCERS AND THE EXPLOITATIONS RIGHTS. FRANCE COPYRIGHT LASTS LONGER IF THE AUTHOR WAS A SOLDIER IN THE WAR !+2.
- This poster shows how Dutch copyright legislation is translated into different search steps to find out if the film is protected or not: Show the final tree
- At the time when the proposal was written and submitted, the OWD was not yet in place. The set of of the proposal was different from what we are doing now in the project. Consensus building with other stakeholders from the film industry, CMOs: to agree rights statements and criteria for diligent search 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 nattional legislations on EU Orphan Works. This map shows Member States that have implemented the OWD.
- Step 1: You enter the flm title (you need to 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
- Specifics of the sector compared to the book sector: the implementation of the OWD in the different MS sometimes include a list of resources to be queried that can be considered more or less mandatory; some of these are useful, some are completely irrelevant. Still, they must all be checked. Considering the high number of sources that might be necessary and the technical and/or procedural issues in accessing them (i.e. the system might not be authorized to automatically access some of the EMDS), it is possible that certain EMDS are queried by humans and that data are entered manually into the system.
- 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
- Bulk uploads from FORWARD to OHIM
- 13 partners: 10 FHI, FCOAL (commercial film library),, 1 technical provider is cineca, + Association of European Film Archives.
- 13 partners: 10 FHI, FCOAL (commercial film library),, 1 technical provider is cineca, + Association of European Film Archives.