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HOW TO DEFINE ARCHIVES? We recommend avoiding academic arguments: This is all about library productions that can only be made available by means of replacing.

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Presentation on theme: "HOW TO DEFINE ARCHIVES? We recommend avoiding academic arguments: This is all about library productions that can only be made available by means of replacing."— Presentation transcript:

1 HOW TO DEFINE ARCHIVES? We recommend avoiding academic arguments: This is all about library productions that can only be made available by means of replacing old agreements by new agreements

2 WHAT IS THE PROBLEM? Legislators and the public do consider copyright and neighbouring rights to be the problem Legislators and the public do consider copyright and neighbouring rights to be the problem There is a gap between the expectations of the artists and the commercial value of the archives There is a gap between the expectations of the artists and the commercial value of the archives Even if we agree on the solution, we cant find a way Even if we agree on the solution, we cant find a way

3 LEGAL OPTIONS Individual management of rights: obstacles and costs obstacles and costs orphan works orphan works Statutory licences Extended collective licences

4 DIRECTIVE 2001/29/EC Recital 18: This Directive is without prejudice to the arrangements in the member states concerning the management of rights such as extended collective licences

5 DCA: Section 30 a, (1) Works which have been made public and are a part of DRs and TV2/DANMARK A/S own productions can, by the mentioned broadcasters, be repeated and made available in such a way that members of the public may access them from at place and at a time individually chosen by them, (…) provided that the requirements regarding extended collective license according to section 50 have been met. The provision of the first sentence shall apply correspondingly to the making of copies which are necessary for the reproduction. The provisions of the first and second sentences shall apply exclusively to works which are a part of productions broadcast before January 1, (2) The author may issue a prohibition to the broadcaster against the reproduction of the work pursuant to subsection (1).

6 DCA: Section 50, paragraph (2) Furthermore, extended collective license may be invoked by users who, within a specifically defined field, have made an agreement on the exploitation of works with an organisation comprising a substantial number of authors of a certain type of works used in Denmark within this field. This does not apply, however, if the author has issued a prohibition against the exploitation of the work to any of the contracting parties.

7 CONCLUSION What is important? Principles? Principles? Exclusive rights and moral rights? Exclusive rights and moral rights? Economic interests? Economic interests? Survival of copyright Survival of copyright Cooperation between unions and collective management societies Cooperation between unions and collective management societies


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