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[Paul Keller <pk AT kl.nl>]

thanks for your reply. i guess you are right that this really has two aspects and that both approaches are compatible. I think that it would be important to also work with GESAC (if they agree to this) to ensure that we have some level of harmonisation and to ensure that the implementation will also happen in countries where we have no jurisdiction team or a team that has very little capacity for working with the national legislator…  /paul 

On 03 Jan 2014, at 11:03, Danièle Bourcier <daniele.bourcier AT cnrs.fr> wrote:

Paul, Do you mean legal (national) transposition or practical implementation?
 If it is at the level of " transposition " of the Directive, and knowing that transposition is strongly linked to the legal and national context, the first strategy should be preferred at a first glance. I suppose that the transposition process will arise legal issues ans should be follow at the national level. 
However,  Gesac can be used in a second time for practical implementation or "standardization"?
The 2 strategies are compatible.
happpy new year!
daniele


2014/1/3 Paul Keller <pk AT kl.nl>
no idea, but my guess would be that if they would do something like a recommendations that would be  taken up by the Collecting Socities (and if it is not taken up then this would certainly help with trying to address this on the national level) /paul



On 03 Jan 2014, at 09:54, Cox, Ingemar <i.cox AT ucl.ac.uk> wrote:

>
> Paul,
>
> do you know how much influence GESAC has on the national collecting societies? My concern is that at least in the UK, GESAC may be ignored.
> If GESAC's influence is generally weak, then the first strategy is preferred.
>
> Regards,
>
>       Ingemar
>
>
> On 3 Jan 2014, at 08:01, Paul Keller <pk AT kl.nl> wrote:
>
>> 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] http://lists.ibiblio.org/mailman/private/cc-europe/2013-November/001089.html
>>
>> --
>> Kennisland | www.kennisland.nl | t +31205756720 | m +31641374687
>>
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>
>
>
> =========================
> Ingemar J. Cox
>
> Professor
> Department of Computer Science
> University College London
>
> Postal address:
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>
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