europeana agm 2015, 4/11, kerstin herlt, ace, "forward - ipr, orphan works, rights assessment...
TRANSCRIPT
IPR, ORPHAN WORKS, RIGHTS ASSESSMENT FOR Audiovisual Works
Kerstin Herlt, Association of European Film ArchivesEuropeana AGM, 2-4 NOV 2015, Amsterdam
Co-funded by the Community programme ICT-PSP
• A NEW TOOL TO ASSESS THE RIGHTS OF AV WORKS (READY IN 2016)
• A REGISTRY FOR ORPHAN FILMS
• A EU PROJECT CARRIED OUT BY 13 partners, with a focus on FILM HERITAGE
WHAT IS FORWARD?
if you do not know whom to ask for permission, a user cannot make use of the work, without infringing copyright.
invest considerable resources to locate the owner
WHAT‘S THE PROBLEM WITH OW?
Copyright Infringement
High Costs
What makes it complicated?
• FORWARD system to take into account copyright laws of 10 FHI / 10 Member States
And the ORPHAN WORKS DIRECTIVE
FHI has Work
wish to reuse
allowed uses?
What ?
• public mission inst.
• hold the work • can make use of
the OW
• Diligent Search• Producer’s country• Data source
• Preservation• Making
Available (WEB)
• Cinematographic audiovisual works across the EU EU
• Diligent Search• Producer’s country• Data source
Sources for diligent search in FORWARD
• Internal filmographic databases from FORWARD partners (FHI) = ok
• External databases from CMO’s, producers etc = not ok
• International Authority Files (VIAF etc.) = ok
FORWARD (via ACE)
• Monitors the implementation the Orphan Works Directive (OWD) in the Member States
• Coordinates with OHIM (EU Orphan Works Database)
WHAT ELSE ?
BENEFITS
Time saving Flexible, adaptable to different legal
frameworks Facilitate rights information
managementCopyright status identificationRegistry of AV Orphan Works