3rd europeana ws lux - keller - ecl vs copyright reform

Removing copyright barriers to mass digitization

Paul Keller, 3rd Europeana Licensing workshop Luxembourg 21 november 2014

ECL reform ©

ECLCross border implementation is difficult. Means that licenses are issues without consent from rights holders Very difficult to establish the price of licenses.

ECL reform ©

reform © Cultural heritage institutions have taken the position that OW directive and MOU are not good enough Call for expanding the existing exceptions to include online access and make it mandatory

source: governance across borders

Leonhard Dobusch CC-BY

Opposing interests?

Cultural heritage institutions argue for exceptions that allow them to make works available online

which are not in commercial circulation anymore

Publishers (and Authors) are primarily concerned that cultural heritage institutions will use broader exceptions to unfairly compete with them

ensure that cultural heritage

that is not in commercial exploitation

anymore remains available for the

public

primary exploitation of creative works (needs to be protected from unfair competition)

Cultural Heritage Institutions

Publishers and Creators

What are cultural heritage institutions asking for?

Expand the scope of the reproduction exception (5.2.c) to apply to all acts of reproduction (including structural digitization of collections) undertaken by cultural heritage institutions that are not for direct commercial advantageExpand the scope of the private consultation exception (5.3.n) to also cover online access to works in the collections of the institutions as long as they are not commercially available anymore or otherwise actively managed.

Online access to works that are not available anymore.

Limited to works in the collections of institutions. Not available anymore: not available via commercial channels, not in the repertoire of CMOsPossibility to opt-outOnly for non-commercial making available online, subsequent uses under other exceptions.

Kennisland works with Europeana and its partners to improve the accessibility of Europe’s cultural heritage online. Learn more about Kennisland at www.kl.nl

thanks!