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  • From: Paul Keller <pk AT kl.nl>
  • To: CC Europe <cc-europe AT lists.ibiblio.org>
  • Subject: [CC-Europe] implementation of the collecting societies directive
  • Date: Fri, 3 Jan 2014 08:01:40 +0100

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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