Conference Notes: Content in Motion | Curating Europe’s Audiovisual Heritage: Session 4

Author: Sian Barber
Copyright: National Library of Sweden

Opening & Session 1 | Session 2 | Session 3 | Session 4 | Session 5 & Closing Keynote

The fourth session of our #EUscreen15 conference, “Curating (Hi)stories”, discussed the role of AV material in scholarly research and education, including the design of interactive teaching materials and online platforms. The session included talks from Peter B. Kaufman on visual education; Elsa Coupard & Claude Mussou on curating history with French audiovisual archives; and Steven Stegers on moving images in history education, and was opened and moderated by Dana Mustata, University of Groningen.

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Strategic Workshop on IPR Regulations for Audiovisual Heritage

 

On May 13, EUscreenXL and the Europeana Foundation organized a strategic workshop on the impact of copyright and ensuing issues for audiovisual archive collections. In this dedicated workshop, EUscreenXL presented its research on IPR and linked it to the most current events in EU policy on copyright.

The programme included presentations and expert responses by leading European IPR experts, specialized in online access to audiovisual heritage. The focal point of the workshop was a dedicated exercise in which we aimed to outline and prioritise the policy actions to be undertaken for the audiovisual domain on a European level.

A full report by Erwin Verbruggen can be found on the all-things-copyright-related 1709 blog. For the presentations, click the links below.

09:30 Erwin Verbruggen (Netherlands Institute for Sound and Vision): Improving Access to Europe’s Audiovisual Heritage
09:50 Francisco Cabrera (European Audiovisual Observatory): Recent Developments Concerning Copyright Law in the EU
10:20 Eleonora Rosati (eLAWnora): Bringing Audiovisual Works Online: (No) Sooner Said than Done?
11:10 Réka Markovich (ELTE): Answers, Questions, Legal Issues
11:20 Krisztina Rozgonyi: Legal Deposit of Audiovisual Works – Copyright Matters: The Hungarian Solution
11:30 Julia Fallon, Joris Pekel (Europeana Foundation) & Maarten Zeinstra (Kennisland): Developing an Advocacy Strategy for EUscreenXL

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EUscreenXL responds to EU copyright consultation

EUscreenXL’s objective is to provide online access to audiovisual archives and collections. EUscreen as a foundation represents its members. It voices the opinion of audiovisual archives in complex discussions about copyright regimes and copyright reform by advocating for widespread and equal access to Europe’s audiovisual heritage. A few months ago, we reported on the dialogue Licenses for Europe, in which a dedicated Audiovisual-Heritage Working Group took part. Shortly afterwards, in December 2013, the European Commission announced a Consultation of the review of EU copyright rules.

Adriaen van Ostade. Un homme d'affaires dans son cabinet, 17 c. Louvre INV. 1683.The aim of the consultation was to ‘gather input from all stakeholders’ and was sent out to individuals, institutions, companies and lobby groups alike. The EU identified a broad set of areas in the copyright rules to be discussed, among which territoriality in the Single Market, harmonisation, limitations and exceptions to copyright in the digital age, and others. The consultation is an important step in a conversation about copyright and an impressive 11.117 contributions were received. One of these was the contribution from EUscreenXL, as the questionnaire contained many topics relating to the barriers and benefits of bringing audiovisual heritage online. In relevant cases EUscreen aligned it’s response with the views as phrased in the Europeana response in this stakeholder dialogue. Some partners of the project, such as the European Broadcasting Union (EBU), Ina and the Netherlands Institute for Sound and Vision, prepared a separate response. All the position papers sent in will soon be available from the European Commission’s website.

Over next years EUscreen will actively contribute  to the debate on copyright reform. In May, we’re coming together with experts at the Europeana headquarters to discuss these topics for audiovisual archives – let us know if you’d like to be part of the discussion. We will further advocate for harmonisation of EU copyright rules so audiovisual archives can improve online and on-site access to their collections  in these rapidly changing environments. We are looking forward to the outcomes of the consultation and to continuing this important dialogue. You can find and download our response here.

Related

Licenses for European culture

Our colleagues from the Europeana Awareness project held their second Licensing Workshop in Luxemburg on the 13th and 14th of June. Réka Markovich went to present the efforts EUscreen has taken to bring a massive broadcast collection with different national copyright laws online. She represented the new EUscreenXL project, in which we’ll continue our research and approaches on providing access to audiovisual heritage. 

Report by Réka Markovich from ELTE University, Hungary.

Europeana Awareness is a Best-Practice Network led by the Europeana Foundation. It’s been designed to publicize Europeana to users, policy makers, politicians and cultural heritage organizations in every Member State. The second Europeana Licensing workshop was part of research undertaken for the Europeana Awareness project by the Bibliothèque nationale de Luxembourg, Kennisland and the Institute for Information Law (IvIR). Their research focuses on possible international licensing models for digital heritage and the legal framework for cross-border licensing of copyright-protected works in Europe. In practice, this means that it explores the conditions under which works contained in the collections of cultural heritage institutions could be regulated on a cross-border basis in the context of Europeana.

Models for Cross-Border Licensing

The workshop aimed at gathering information to map the practice and implementation of the Orphan Works Directive and possible alternative contractual arrangements (such as those based on the Memorandum of Understanding on Out-of-Commerce Works). It complements a questionnaire to the European member states about the creation of an international database of Orphan Works. Member States will have to pass legislation implementing the Directive by October 2014. As far as the database is concerned, they will have to play the role of “interface” between beneficiary institutions (libraries etc) and  the office for the harmonisation of the internal market (OHIM), an EU agency with responsibility in the area of IPR, based in Alicante, Spain. The focus of this process is to identify possible loopholes in the cross-border access and re-use of works that is caused by differing national arrangements regarding categories of works, beneficiaries, scope and conditions of use, etc. For those who’d like to get an idea of the wide variety of copyrights clearance regulations in different European countries, the Public Domain Calculator gives you a good idea.

Cross-border access and use depend not only on a clear legal framework, but also on effective data collection and rights management. Therefore the workshop’s first day focused on the practical implementation of data registries, data creation and data exchange processes between the relevant actors. It was interesting to see what kind of organizations work on copyright clearance: e.g. with facilitating rights information management (ARROW) or with developing building blocks for the expression and management of rights and licensing across all content and media types (Linked Content Coalition). While legal issues cannot be easily separated from more administrative issues, day two focused on legal interoperability issues of implementing alternative (contractual) mechanisms.

Rights for Audiovisual Works

Issues of intellectual property rights are crucial when providing access to audiovisual collections. As a part of legislation, copyright law still bears some territorial nature – while a Pan-European audiovisual archive touches upon cross-border legal issues. Some kind of harmonization would be necessary to ensure the possibility of publishing and providing access to our audiovisual heritage. The Memorandum of Understanding on Key Principles on the Digitization and Making Available of Out-of-Commerce Works is sector-specific: it covers books and learned journals only. A dialogue between stakeholders is the way forward to facilitate agreements for the digitization of European out-of-commerce cultural material in other sectors—e.g. on audiovisual works—as well.

EUscreenXL will provide Europeana with 1.000.000 metadata records giving access for online content held by European broadcasters and audiovisual archives and will publish 20.000 contextualized programmes on the EUscreen portal. As the audiovisual content aggregator for Europeana, all the work packages of EUscreenXL take their cue from Europeana’s working groups. In EUscreenXL we are also working on a strategic agenda for access to audio-visual heritage through Europeana. The task is a pan-European research effort. It covers seven topics closely related to the daily reality of audio-visual archives, one of which is intellectual property rights. This activity is essential for Europeana to reach out to the audio-visual domain  and understand what needs to be put in place in order to maximize contributions to Europeana. It was therefor fascinating to hear about the legal issues-related activities of Europeana, to be in touch with the Europeana project working groups and the people behind them.

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