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Chronological Thread  
  • From: John Weitzmann <johnweitzmann AT creativecommons.org>
  • To: Teresa Nobre <teresaraposonobre AT gmail.com>
  • Cc: "cc-europe AT lists.ibiblio.org" <cc-europe AT lists.ibiblio.org>, John Hendrik Weitzmann <jhweitzmann AT mx.uni-saarland.de>
  • Subject: Re: [CC-Europe] EU directive on collective rights management
  • Date: Wed, 20 Nov 2013 19:36:14 +0100

and it reminds me: I can now safely get back to GEMA about that pilot they want to have ;)


On Wed, Nov 20, 2013 at 11:02 AM, Teresa Nobre <teresaraposonobre AT gmail.com> wrote:
These are wonderful news! Thank you! 


2013/11/20 Jessica Coates <jessica AT creativecommons.org>
Yup - I agree. Amazing outcome - who would have thought 5years ago that we'd be here now?


On Wednesday, November 20, 2013, John Hendrik Weitzmann wrote:
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
>
>
>
> _______________________________________________
> CC-Europe mailing list
> CC-Europe AT lists.ibiblio.org
>


--


Jessica Coates
Global Network Manager
Creative Commons

creativecommons.org
jessica AT creativecommons.org

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--

Teresa Nobre, LL.M. IP (MIPLC)
Attorney-at-law 
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