IPR, ORPHAN WORKS, RIGHTS ASSESSMENT FOR Audiovisual Works

Kerstin Herlt, Association of European Film ArchivesEuropeana AGM, 2-4 NOV 2015, Amsterdam

Co-funded by the Community programme ICT-PSP

• 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?

RIGHTS STATUS OF FILM COLLECTIONS

ACE SURVEY on ORPHAN FILMS 2010

WHAT‘S THE PROBLEM?

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

FORWARD AIMS TO PROVIDE CLEAR COPYRIGHT STATUS

? ORPHAN

What makes it complicated?

• FORWARD system to take into account copyright laws of 10 FHI / 10 Member States

LEGAL DECISION TREE – Establish Copyright Status for a Film made in NL

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

… transposed into national Orphan Works Legislation

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

FORWARD WORKFLOW DILIGENT SEARCH

FORWARD architecture

FORWARD (via ACE)

• Monitors the implementation the Orphan Works Directive (OWD) in the Member States

• Coordinates with OHIM (EU Orphan Works Database)

WHAT ELSE ?

BENEFITS

Time saving Flexible, adaptable to different legal

frameworks Facilitate rights information

managementCopyright status identificationRegistry of AV Orphan Works

Partners

forward@cinematek.bewww.project-forward.eu