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  • From: Paul Keller <pk AT kl.nl>
  • To: John Hendrik Weitzmann <johnweitzmann AT creativecommons.org>
  • Cc: CC Europe <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: Thu, 21 Nov 2013 08:20:51 +0100

yes for now. although i think that at some point it might make more sense not
to talk about a pilot anymore but frame this as a way to approach their
obligation to allow their members to exercise their rights under the new
directive (but i think that we need to discuss our approach before we start
framing it this way) /paul



On 20 Nov 2013, at 19:36, John Weitzmann <johnweitzmann AT creativecommons.org>
wrote:

> 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
>
> Love us? Donate! https://creativecommons.net/donate
>
> _______________________________________________
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>
>
>
>
> --
>
> Teresa Nobre, LL.M. IP (MIPLC)
> Attorney-at-law Limited Liability | Advogada Responsabilidade Limitada
> Confidential and legally privileged | Confidencial e protegido por segredo
> profissional
> www.linkedin.com/in/teresanobre
>
>
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