Creative Commons France

[melanie dulong <melanie.ddr AT gmail.com>]

Bonjour,

Communia, l'association internationale sur le domaine public numérique
(à laquelle l'équipe Creative Commons France participe) vient de
publier un commentaire du projet de directive sur les oeuvres
orphelines :

http://www.communia-association.org/2011/10/27/communia-policy-paper-on-the-proposed-orphan-works-directive/

--
> COMMUNIA policy paper on the proposed orphan works directive
>
> Today the COMMUNIA International Association presents its first policy 
> paper. The paper analyzes the European Commission’s proposed directive on 
> certain permitted uses of orphan works (COM/2011/0289) in the light of its 
> effects on the Public Domain. The paper contains suggestions for improving 
> the directive to make it more suitable to the stated objective of 
> increasing access to cultural heritage material that is currently locked 
> away by a dysfunctional copyright system.
>
> COMMUNIA is especially concerned with the narrow focus of the directive and 
> its one-sided view on diligent search. In its current form the directive 
> does not meet COMMUNIA’s March 2011 policy recommendation on orphan works:
>
> Recommendation #9: Europe needs an efficient pan-European system that 
> guarantees users full access to orphan works. Both mandatory exceptions and 
> extended collective licensing in combination with a guarantee fund should 
> be explored. Any due diligent search requirements should be proportionate 
> to the ability of the users to trace the rights holders.
>
> According to the policy paper, a main weakness of the proposed directive is 
> its narrow focus on public cultural heritage institutions as the only 
> beneficiaries of the proposed exceptions allowing the use of orphaned works:
>
> It is COMMUNIA’s position that the group of users who may benefit from the 
> orphan works directive should be widened to include everyone. The targeted 
> group of end users should include individuals as well as non-profit 
> initiatives like Wikipedia, which would currently not benefit from the 
> proposed directive. Wikipedia is one of the most important platforms for 
> access to cultural heritage information drawing more than 136.9 million 
> European users alone.
>
> A further concern is the vague standard for search.
>
> There need to be mechanisms to determine the location where a search has to 
> be carried out in cases where the works have not been published or where it 
> is unclear where the works in question have been first published.
>
> The full set of comments in the COMMUNIA policy paper on the proposed 
> orphan works directive can be downloaded here. For further information 
> about the paper please contact the COMMUNIA Association’s Orphan works 
> working group at communia DOT association AT gmail DOT com.