EU legal landscape and Collective Rights Management by RROs

Reproduction Rights Organisations

Olav Stokkmo, IFRRO Chief Executive

11 December 2010 IFJ Conference, Thessaloniki (Greece)

Concerns journalistic works

Collective Rights Management Text & Image based

works

Reprography What is it?

Copy from published work

on to a graphic surface2 Books

2 incl. e-book; online

2 Newspapers2 Incl. e-formats

2 Magazines2 Journals2 Web pages2 Databases

2 CD, DVD

2 Sheet music/scores2 etc.

PhotocopyFax Print-out etc.

Reprography and legislationFundamental principles

Berne Convention Exclusive right to

reproduce;make availabledistribute

EC © Directive Reprography (5.2a)

Fair compensation Private copy (5.2b)

Fair compensation

Berne Convention

EC © Directive

Limitations to exclusive rights Special caseNot conflict with

normal useNot prejudice

legitimate interest of author

LegislationEnabling control – supporting access

• Exclusive rights • Luxembourg, Malta• Ireland, UK (Education: Obligation to take up a licence)

• Exclusive rights and legislative support• Extended Collective Licence - Nordic countries + Voluntary• France (Compulsory collective management) + Voluntary• Latvia (Legal presumption)

• Legal licence • Netherlands, Switzerland (+ Voluntary) • Levies

• Austria, Belgium, Germany, Hungary, Slovenia, etc.• Spain, Greece, (+ Voluntary)

Reprography and similar reproductionCompensation in 2009

Collection by IFRRO members € 1,03 billion Journalistic material; Examples %

France 26% Norway 13% UK: 28%

Journalist involvement depends onLegislationContractsEmployment status

International Federation of Reproduction Rights Organisations

Creator & Publisherbodies

RROs

Indispensible to culture, knowledge, education, development, and economy

Copyright based industries

Value of the creative industries

Cultural valueNational identity Fiction, non fiction (science, technology, education),

poetry, drawings, photographs... And more!

“Cultural industries” work within Culture KnowledgeEntertainment

Economic importanceIncentive to create and publish

Text book publishing = print publishing engine

Economic contribution of the creative industries – WIPO

• http://www.wipo.int/export/sites/www/ip-development/en/creative_industry/pdf/eco_table.pdf

Contribution to GDP %

Contribution to employment %

Contribution to GDP %

Contribution to employment %

Australia 10.30 8.00 Mexico 4.77 11.01Bulgaria 2.81 4.30 Netherlands 5.90 8.80Canada 4.70 5.40 Philippines 4.82 11.10Colombia 3.30 5.80 Romania 5.55 4.19Croatia 4.27 4.64 Russia 6.06 7.30Hungary 6.66 7.10 Singapore 5.67 5.80Jamaica 4.81 3.03 Ukraine 2.85 1.90Latvia 5.05 5.59 USA 11.09 8.53Lebanon 4.75 4.49

10

44%

10%12%

9%

6%

3%6%

1%9%

press and literature

software

radio and tv

Music, theatrical productions and opera

motion pidcture and video

visual and graphic arts

Photography

cr collecting societies

advertising

Copyright based sectorContribution to GDP by industry – WIPO

Creators and publishers providing access through collective management and RROs

Collective Rights Management

in text and image based works

Why are photocopies made?

Need chapter article update info flexibility

Material not available not on sale

Billions of copies made annually

Most copies not possible to stop

Legitimate copies Small parts Internal use Non commercial

Education heavy user Main users of

journalistic material Corporations Public admin.

Student needs a chapter/article Admin needs article for information

RRO Collective Management Complements individual rights administration

• Individual admin when creator/publisher wants it

• Collective management when individual admin is

• Impossible• Typically Orphan works

• Impracticable or Insufficient• Typically Multiple copying; Out-of-Commerce works

RRO complements individual management

• Operate on the basis of mandates from; governed by

• Creators and Publishers Writers including journalists; Visual artists; Composers

Publishers (Book, journal, newspaper, magazine, music)

• Legislation

• Key facets of RRO activities• Awareness raising; Copyright enforcement• Licence, collect and distribute revenues;

• Reprography; certain digital uses• Distribution rules decided by creator and publisher members

RROs -Reproduction Rights OrganisationsSet up/Governed jointly by Authors and Publishers

Digital sources and applications

• Sources

• Applications and uses

o Scan o PPTo Printout o Whiteboardo View o Virtual Learning Environment

o Store o Redirect to contento Email o RRO content database

o Analogue o Onlineo Electronic carrier o Internet download

Content of RRO licences

• Limited extracts• 5-15%; chapter; article• Personal and Internal use

• Permitted uses• Photocopying and scanning• Download, store, print, internal dissemination, external

dissemination• Newspaper cuttings

• Authorised users• Fees; Terms• Usage reporting requirements• Compliance awareness

RROs Areas of Licensing

• Education at all levels• Schools; Universities; Further education; Distance Education

• Public Administration• Government; Regional; Local

• Trade and Industry

• Public and Research libraries

• Religious bodies

• Cultural institutions

• Copy shops

IFRROInternational Federation of Reproduction Rights Organisations

It takes 20 years to arrive spontaneously at an immediate successEd Cantor

RROs (73)• Mandate to licence reprography

• 59 RRO Members• Represent publishers and creators

• 14 Associate Members• Represent publishers or creators

Creators and Publishers associations• International

• IFJ, EWC; ENPA, FAEP, FEP; EVA

• National• NUJ, ALCS; PA, PLS; DACS

IFRRO – 128 Members in 65 CountriesThe International Link and Global network

Annual General Meetings

• Board of Directors• 8 RRO Directors and Substitute Directors• 2 Publishers Directors and Substitute Directors

• 2 Authors Directors and Substitute Directors

• Committees/Working Groups and Fora• e.g. Asia Pacific Committee • Newspapers, etc; Visual Material; Musical works• IFRRO Business Models Forum (IBMF); Legal Issues (LIF)

• Cooperation activities• WIPO; UNESCO; EU; ARIPO, OAPI, CERLALC, APEC, ASEAN

• Policy work, Awareness, Training, Anti Piracy work

IFRROGovernance and Work form

RROs facilitate access New areas of licensing

Every decision is like surgery. It is an intervention into a system and therefore carries with it the risk of shock.

Peter Drucker, The Effective Executive

RRO activitiesNew Areas for Potential Development

• Digital Libraries•Orphan Works

•Works out of Commerce• Model Licensing Agreements• Rights Clearance Centres• Databases/Registries

• People with reading impairment• Trusted Intermediaries (TI) pilot project

• WIPO VIP Stakeholder Platform

• EC VIP Stakeholder Dialogue - MoU

ARROWAccessible Rights Registries and Orphan Works

Facilitates EUROPEANA Partnered by

Authors’ associationsPublishers associationsRROs IFRROTELNational LibrariesTechnology developers

Co-funded by EU

Identifies electronically

RightsRight holders Rights status Rights clearance Orphan Works

In Conclusion

Licensing by RROsCreating a win-win-win session

• Working within established structures• Developing practical alternatives• National equilibrium maintained• Toolbox of solutions• Flexible interaction between licensing

and exceptions• Benefiting users, creative industries

& society at large

©Thank you for your attention

www.ifrro.orgOlav.Stokkmo@ifrro.org