Cc-europe mailing list

[Paul Keller <pk AT kl.nl>]

Dear all, 

as mentioned earlier [1] the (almost adapted) EU directive on collective 
rights management contains language that should require all collecting 
societies to allow their members to license their works for non-commercial 
purposes. Once this directive is adopted (which is expected to happen later 
this month) it will need to be implemented in all 28 member states of the EU.

Since the directive does not explicitly mentions the creative commons 
licenses (the relevant section reads: '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.’) it is 
important that the implementation happens in such a way that CS members can 
actually use one of our 3 NC licenses. 

There are two strategies that we can employ to achieve this goal. The first 
option is that all jurisdiction teams try to work with their national 
legislators (and possibly the relevant Collecting Societies) to ensure that 
the directive is implemented in such a way that it allows the use of CC 
licenses. This will require some amount of work from all jurisdiction teams 
and an additional coordination effort.

The second strategy would be to to see if we can work with the European 
umbrella organisation of the collecting societies (GESAC) to come up with 
some kind of implementation advice/strategy, that can then be presented to 
their members and the national legislators. This would require more work on 
the Europeana level, but have the advantage that (if we achieve such a thing) 
there is less work on the level of the jurisdiction teams. Also this would 
cover countries where we do not have affiliates and it would likely ensure 
greater harmonisation. 

While the directive is not adopted yet, it would be great to have some 
feedback from this list with regards to which of the two strategies has your 
preference. based on that we can decide on a approach that we can then 
implement once the directive has been implemented. 

all the best (and happy new year), 
Paul 

[1] https://lists.ibiblio.org/sympa/arc/cc-europe/2013-November/001089.html

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