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  • From: John Hendrik Weitzmann <jhweitzmann AT mx.uni-saarland.de>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] EU directive on collective rights management
  • Date: Tue, 19 Nov 2013 16:56:35 +0100

great achievement indeed, thanks to all who put time and effort into this :)


Am 18.11.2013 09:21, schrieb Paul Keller:
> Dear all,
> as you will remember i had send around a call to action with regards to the
> last phase of negotiations on the EU directive on collective rights
> management at the end of September. First of all i want to thank all of you
> who have taken action and gotten into touch with national experts in the
> member states.
>
> When i send out that mail the trialogue negotiations had just started. In
> the past two months these negotiations between Parliament, the Council and
> the Commission have concluded. This means that there is a compromise text
> that is acceptable to all three bodies. Before the directive is adopted
> this compromise text will need to be approved by Parliament (first in the
> JURI committee and then in the plenary). This is expected to happen before
> January. You can find the EP press release here:
>
> http://www.europarl.europa.eu/news/en/news-room/content/20131105IPR23815/html/Collective-management-of-copyright-EP-and-Council-strike-a-deal
>
> If you read it all the way to the end you will notice that it contains the
> following passage:
>
>> MEPs also succeeded in ensuring that rightholders will have a say in the
>> decisions on the management of their rights and the freedom to select the
>> collective management organization of their choice. In addition, they made
>> sure that rightholders will be able to grant licenses for non-commercial
>> uses.
>
>
> As you can see we have succeeded in keeping the language that allows
> members of Collective Rights Management organisations in the final text of
> the directive. This means that the directive (once implemented in national
> law of the 28 member states should allow members of all collecting
> societies to license their works for non-commercial purposes. This opens
> the door for the use of non-commercial CC licenses by members of collecting
> societies that are currently preventing their members from doing so.
>
> Once the directive is adopted national legislators will have to implement
> it in national laws. Since the directive does not explicitly mention CC
> licenses (see the two relevant passages in the directive at the end of this
> mail) this also means that it is important that all of us work with our
> national legislators to ensure that the national implementations for the
> directive do indeed create the room for using CC licenses. This will
> require some effort and coordination and i will come back to this once the
> directive has been adopted.
>
> As far as i am concerned this is substantial step forward for CC in Europe.
> Not only does this give members of collecting societies the ability to make
> use of some of the CC licenses, but it also shows that it is possible to
> influence EU policy in a productive way.
>
> all the best, Paul
>
> p.s: Unfortunately we have not been as successful with the other issue that
> we had advocated. The amendments with aimed at ensuring public availability
> of repertoire information have not been included in the compromise text
> (there was strong resistance from some of the member states). This is
> unfortunate since this is a very important question (although not directly
> CC related).
>
>> Consideration 9:
>>
>> … As far as non-commercial uses are concerned, Member States should
>> provide that collective management organisations take the necessary steps
>> to ensure that their rightholders can exercise the right to grant licences
>> for such uses. Such steps should include, inter alia, a decision by the
>> collective management organisation on the conditions attached to the
>> exercise of this right as well as providing information to their members
>> on these conditions. Collective management organisations should inform
>> rightholders of their choices and allow them to exercise the rights
>> related to these choices as easily as possible. Rightholders who have
>> already authorised the collective management organisation may be informed
>> via the website of the organisation.
>>
>> Article 5 (2a):
>>
>> Rightholders shall have the right to grant licences for the non-commercial
>> uses of the rights, categories of rights or types of works and other
>> subject matter of their choice.
>
> --
> Paul Keller | Creative Commons Collecting Societies Liaison |
> paul AT creativecommons.org
>
>
>
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>




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