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  • From: Paul Keller <pk AT kl.nl>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] creative commons and the upcoming EU instrument ontransparency of collective rights management organisations
  • Date: Fri, 24 Jun 2011 09:51:54 +0200

Hi all,

i am in the process of compiling the examples and cases that i have received
in response to my mail below. so far i have not really received a lot of
responses and as a result the compilation is a bit meagre (see attachment,
thanks to all of you who have contributed). Since we had promised a follow up
from our side in june i really want to send something by the beginning of
next week. In other words this is your (our) last chance to beef up our
submission by sending one of these:

- statements by Collecting Societies that deal with CC
- complaints or statements by CS members or other artists that would like to
combine CC and CS membership
- statements by CC chapters with regards to the situation (not really what
they asked, but cant hurt either)

as i said in my original mail it would be really great if we managed to
submit something substantial (right now that is not really the case). In this
regard i would really like to have input from big countries where this issue
has been really controversial in the past (spain, italy, france...). Hope
some of you will mange to send me some more input over the weekend (i am
traveling on monday so i can use everything that reaches me before tuesday.

all the best, paul


On 23 May 2011, at 11:18, Paul Keller wrote:

> dear all,
>
> as most of you will know the Europeana Commission is working on a proposal
> for a legislative instrument aimed at improving the transparency of
> collective rights management organizations in europe. This was originally
> scheduled for 2010 and is currently on track for october 2011 (according to
> people at the copyright unit if the Commission). Over the last couple of
> weeks i have spoken to a number of commission officials about the
> relationship between Creative Commons and Collective Rights Management in
> Europe.
>
> It turns out that they are quite interested in this and that they share our
> perception that the fact that members of most Collecting Societies are
> excluded from using CC licenses is undesirable. We have suggested that this
> is something that could be fixed as part of the upcoming legislative
> instrument though two relatively simple interventions.
>
> - Collecting Societies in Europe should be required to record the rights
> status of works of their members on a per-work basis.
> - Collecting Society members should have the right to opt of collective
> management (at least for non-commercial purposes) for individual works
>
> These suggestions seem to fit into the approach that is currently being
> explored by the commission and the officials i have talked to have
> indicated that this is something they could integrate into what they are
> working on. However they have asked if we could provide them with examples
> that illustrate that this reflects a real-life issue. Specifically they
> were wondering if i could provide them with examples of Europeana
> Collecting Societies clearly stating that they do not allow their members
> to use CC licenses (or advising them against using CC licenses) and if we
> could provide them with examples of authors asking for the possibility to
> use CC licenses an be a member of a CS at the same time.
>
> It appears to me that we are having a good chance of resolving this issue
> which has plagued CC since it's appearance in Europe, and i hope that we
> can make a collective effort to provide them with the supporting
> documentation that thy have inquired about. I am willing to collect this
> information and to forward it to them but i need all of you help in order
> to get this material in the first place (can't contribute much myself since
> we do not have this incompatibility here in the netherlands) It would be
> great if all of you could send me examples by the 5th of june.
>
> all the best from Amsterdam,
> Paul




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