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