Skip to Content.
Sympa Menu

cc-europe - Re: [CC-Europe] EU directive on collective rights management

cc-europe AT lists.ibiblio.org

Subject: Cc-europe mailing list

List archive

Chronological Thread  
  • From: ipi <maja.bogataj AT ipi.si>
  • To: Paul Keller <pk AT kl.nl>
  • Cc: John Hendrik Weitzmann <jhweitzmann AT mx.uni-saarland.de>, CC Europe <cc-europe AT lists.ibiblio.org>
  • Subject: Re: [CC-Europe] EU directive on collective rights management
  • Date: Thu, 21 Nov 2013 08:54:45 +0100

Dear Paul,

this is just great. I had negotiations regarding new copyright amendments in
june and july and the proposal to allow to members of collecting society to
use licenses was ignorantly rejected by collecting societies...

well, this may and must change :)

congratulations

Maja

Sent from my iPhone

On 21. nov. 2013, at 08:20, Paul Keller <pk AT kl.nl> wrote:

> 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
>>
>> _______________________________________________
>> CC-Europe mailing list
>> CC-Europe AT lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/cc-europe
>>
>>
>>
>>
>> --
>>
>> 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
>>
>>
>> _______________________________________________
>> CC-Europe mailing list
>> CC-Europe AT lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/cc-europe
>>
>>
>> _______________________________________________
>> CC-Europe mailing list
>> CC-Europe AT lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/cc-europe
>
> _______________________________________________
> CC-Europe mailing list
> CC-Europe AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-europe




Archive powered by MHonArc 2.6.24.

Top of Page