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  • From: Paul Keller <pk AT kl.nl>
  • To: "cc-europe AT lists.ibiblio.org" <cc-europe AT lists.ibiblio.org>
  • Subject: [CC-Europe] Directive on Collective Rights management
  • Date: Tue, 30 Apr 2013 12:04:53 +0200

dear all,

as most of you will know the European Union is currently discussing a
directive on collective rights management (if you don't know this policy
paper by the COMMUNIA association is probably a good start
http://www.communia-association.org/2013/01/07/communia-policy-paper-on-proposed-directive-on-collective-management-of-copyright/).


One of the issues at stake is the use of open content licenses by the members
of collecting societies. The directive presents an opportunity to create the
legal basis for such uses. While the initial draft was somewhat ambiguous in
this regards, we have managed to het this issue to the attention to the
rapporteur for the Culture and Education committee of the European
Parliament. In her draft opinion on behalf of the CULT committee MEP Trüpel
has introduced amendments that would ensure that members of collecting
societies are free to use open content licenses (see this post for an
analysis of her amendments:
http://www.communia-association.org/2013/04/29/european-parliament-starts-discussing-the-proposed-directive-on-collective-management-of-copyright/)

As one would expect she is getting a lot of push back from the collective
management organisations aimed at the amendments that would allow for the use
of open content licenses (amendments 29, 30, 31, 32). Given this it is
important that we make ourselves heard with support for these amendments.
This needs to happen before the 8th of may and it would b great if as
European CC affiliates could express support for these amendments to MEP
Trüpel. (contact details here:
http://www.europarl.europa.eu/meps/en/28240/HELGA_TRUPEL_home.html). This can
be done by email and should expressly mention the amendments mentioned above.
Here is some sample language that you can build upon.

<introduction of your organisation>

we are contacting you to express support for the draft opinion of the
Committee on Culture and Education for the Committee on Legal Affairs on the
proposal for a directive on collective management of copyright and related
rights and multi-territorial licensing of rights in musical works for online
uses in the internal market. Specifically we welcome the inclusion of
amendments aimed making it possible for right-holders to make their works
available under an open content license of their choice without necessarily
opting out from the collective management system.

We think that both amendment 29 (which would enable embers of collective
management organisations to license their works for non-commercial uses) as
well as amendments 30, 31 and 33 (which would open the way for excluding
certain works from collective management altogether) respond to a genuine
need of creators across Europe to exercise their rights in a flexible manner.

<maybe something on how your organisation relates to creators>

With regards to amendment 29 we would like to stress that a number of pilots
undertaken between European Creative Commons affiliates and European
Collecting Socities (BUMA, KODA and SACEM) have clearly shown that the use of
open content licenses that allow royalty free non-commercial uses of the
licensed works do not undermine the functioning of collective licensing
arrangements.

<final remarks, expressing support>


Again, it would be really great if as many affiliate organisation as possible
could get in touch with MEP Trüpel and if you could get other friendly
organisations to condsider joining us. It would probably be good if you could
alter the text above a little bit, so that it does not look like a massive
cut and past operation. Given that this represents a real opportunity to fix
something that is broken at the moment, i would really urge you to take some
time and act on this. If you have any questions please feel free to get back
to me…

all the best from Amsterdam,
Paul
--
Kennisland | www.kennisland.nl | t +31205756720 | m +31641374687






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