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  • From: Timothy Vollmer <tvol AT creativecommons.org>
  • To: cc-europe <cc-europe AT lists.ibiblio.org>
  • Subject: [CC-Europe] looking for info on extended collective licensing schemes in Europe
  • Date: Wed, 2 Sep 2015 15:17:26 -0700

Hi all:

Looking for some information from you the operation of extended collective licensing in Europe. Can you help? 

The U.S. Copyright Office is soliciting comments on a plan to introduce extended collecting licensing for certain mass digitization activities. Several library associations and NGOs (including CC and CC USA) are planning on responding to the request for information. The Copyright Office has apparently concluded that the introduction of extended collective licensing in U.S. law would help "to facilitate the work of those who wish to digitize and provide full access to certain collections of books, photographs, or other materials for nonprofit educational or research purposes."

Many of us think that those conducting mass digitization in the U.S. already have a solid basis for digitizing works under fair use--supported by recent case law. It's less clear that "providing full access to certain collections" would be covered under fair use, although the tempering of the use to "nonprofit educational or research purposes" seems leans in the direction of activities covered under fair use anyway. 

The Copyright Office said it wants to hear about the experience of ECL schemes "in place or being discussed in other countries." So we are asking around--specifically in Europe because we know there are some ECL frameworks already in place. 

We've already heard from the Dutch (thanks Lucie and Paul!). As I understand it neither the InfoSoc nor the Orphan Works Directive provide an adequate legal framework with which to adequately entertain mass digitization and acts of making available in this context. The takeaway is that without being able to rely on an exception, then the only reasonable option is to explore extended collective licensing. 

Is this your experience? What is your experience with the ECLs? Are they effective for making available some types of collections over others? How are CC licensed works handled within the scheme, if at all? 

Thanks so much,

timothy

cc: Diane Peters, Meredith Jacob

 


--
Timothy Vollmer
Public Policy Manager, Creative Commons
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