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Use of books and press v. rights of authors and publishers: The Belgian situation in 5 capita selecta Krakow, April 5-6, 2011 Kurt Van Damme Managing Director.

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Presentation on theme: "Use of books and press v. rights of authors and publishers: The Belgian situation in 5 capita selecta Krakow, April 5-6, 2011 Kurt Van Damme Managing Director."— Presentation transcript:

1 Use of books and press v. rights of authors and publishers: The Belgian situation in 5 capita selecta Krakow, April 5-6, 2011 Kurt Van Damme Managing Director Librius (collecting society of the Flemish book publishers) President Reprobel (Belgian RRO for reprography & PLR) Head of Legal Unit & Foreign Policy Adviser Boek.be (Flemish book trade umbrella organisation)

2 “No brilliance is needed in the law. Nothing but common sense, and relatively clean fingernails.” John Mortimer

3 I.Libraries and the book sector: status quaestionis in Flanders -Long standing exchange agreement with BIBNET (Flemish digital library): cover & summary (from Boekenbank, the Boek.be BiP) in exchange for metadata correction and enrichment -The national library (KBR) is a partner in Arrow+ and has signed the Arrow+ MoU -Brand new MoU with Luisterpunt, the Flemish library for the visually impaired (digital content on support only) – follow-up of MoU with non-profit organisation Die’s-Lek-Ti-Kus for textbook materials (2009) -Libraries have teamed up with heritage organisations & universities “to protect the copyright interests of end consumers” (de facto alliance) - VEP, the Flemish E-Book Platform (PPS) – cf. following slides for detailed case study

4 VEP from up close -VEP is an open standard platform for the secure storage & making available of all digital Flemish books -VEP is a back-end application allowing both commercial (publishers, booksellers, e-aggregators, e-boek.org, …) & non-commercial uses (libraries) -Public-Private Partnership (PPS) – origins date back to July Flemish Government initiative via a brand new legal instrument: “Innovative Public Tendering” -Calls: out Q1 2011, first results to be expected towards end of year -BIBNET and Boek.be co-invest 500,000 EUR in the set-up fase (4/5 libraries, 1/5 Boek.be), IWT invests a further 400,000 EUR for R&D purposes -BIBNET and Boek.be will co-own basic infrastructure & software -Rightsholders retain full control over content and decide freely on terms & conditions of making available their materials through VEP -Best-of-breed deal for all partners involved -Flemish libraries’ annual purchases: €16M -Flemish annual book sales volume: € 500M (e-book share: 0,25%)

5 Long term preserva tion (OOS) E-book formats Normalisation Secure storage Transcoding API’s Full Text Indexing Transit via aggregator’s platform Publisher input Rights Metadata W P3 W P2 W P5 W P4 W P1 Front-end (library, publisher, bookstore, …) VEP flowchart

6 Innovation platform Innovation report Pre-commercial call for tender Lessons Learned Production environment Pre-commercial call for tender (IWT, 400K EUR) classic call for tender if proven viable R & D Laboratory Classic (commercial) call for tender (BIBNET/BOEK.BE, 500K EUR) Lessons Learned / Proof of Concept R & D Laboratories (e.g. device-independent reading, social DRM) R & D Laboratories (e.g. device-independent reading, social DRM) Production environment VEP V1 Production environment VEP V1 Production environment VEP V2 Production environment VEP V2 “Demonstrator” tool VEP development path

7 VEP partners

8 -Within the VEP framework Boek.be & libraries will look into: - digital lending - intra muros consultation on both library and bookstore premises (all Flemish e-books, not only own collection) - extra muros consultation via snippet view - voluntary collective licensing agreements -Within the Arrow+ framework Boek.be & libraries will look into: -extended collective licensing for orphans -collective licensing (opt-out) for OoD Boek.be is also the new ISTC-office for Flanders & The Netherlands. VEP, Arrow+ & ISTC are dealt with in an integrated way from the outset, to avoid overlaps & inconsistencies

9 “I take the view, and always have, that if you cannot say what you are going to say in twenty minutes you ought to go away and write a book about it.” John Cuthbert Moore-Brabazon

10 II. Reprobel: the Belgian RRO Model -Reprobel is the Belgian RRO for reprography and public lending -Reprobel was founded in 1994, some days before the adoption of the 1994 Belgian Copyright Law (currently: 14 member CS) – de facto monopoly since ‘97 -Reprobel had an turnover of roughly 24M EUR in 2010 (of which 1.6M from public lending): reprography 56 % device levies, 44% operator levies - In 2010 Reprobel had an annual cost ratio of roughly 11.5% -Reprobel has a staff of 24 FTE (only 1.5 FTE for device levies) -Belgian reprography and public lending remuneration split between authors & publishers is fixed by law: 50/50 for reprography, 70/30 for PLR (primary distribution) – discussion re: transferability -Two Colleges (AC & PC), composed of relevant CS members, decide about secondary distribution (categories and supports) -Tertiary distribution: CS to members (authors and publishers) -Reprobel is mandate holder for Auvibel re: PLR (Auvibel part: 16.5%) -Private copy & Digital Education & Science Exception: P.M. -Current reprography tariffs under review (Eurimag & Agoria lobby) -Implementation of directive 2001/29 troublesome (Law 22 May 2005)

11 3. PLR in Belgium -PLR introduced in Belgium in 2004, following an ECJ ruling (2003) -Reprobel is the central collecting society since 2005 (de facto monopoly) -First remunerations were paid in 2007, a good 13 years after the Directive’s deadline -Royal Decree based on fixed amounts per registrated library end user: €1 per adult, €0.5 per child, per annum - In 2010 the gross total Reprobel PLR remunerations amounted to appr. € 1.6M -Flemish and German Communities pay lump sum for their libraries: end user does not pay directly -French Community did so up until 2008, but since then Reprobel has to collect directly for/in the libraries concerned (difficult – multiple registrations) -PLR scope: books, databases, photographs, sheet music, music & AV -Digital lending is out-of-scope -Idem for lending by non-recognized institutions or without educational or cultural purposes; “false” lending (renting), software (lawsuit BEA re: games), fine art -Remun. exemption for in situ consultation and educational/scientific libraries -No window period (2 m.) for books -Several lawsuits pending (civil proceedings, Conseil d’Etat, EC, EHRC): VEWA

12 4. Use of book and press in public & private institutions: the Belgian legal framework 4.1. Private companies ° reprography: books & sheet music (short extract) v. articles/(photo)graphic --) “private use” includes in-company use --) operator and device levy --) L. 22 May 2005: sheet music excluded (not yet into force) ° no private copy exception, even if L. 22 May 2005 enters into force ° quotation right: soft law (cf. Librius/Reprocopy agreement) ° digital re-use of press clippings via CS (Reprocopy, Copiepresse) & Mediargus --) negotiations between Librius and Reprocopy pending: sector deal ° parody: rulings are strict but scarse & practice is different

13 4. Use of book and press in public & private institutions: the Belgian legal framework 4.2. Public instutions ° 7/8 exceptions for education and/or science - reprography (L. 22 May 2005: no exclusion of sheet music): non-profit - digital copy (1998) & secured intranet transmission (2005, includes AV) - free private performance in the framework of school activities (PPP) - free performance for examination review purposes - anthologies (author deceased) - library exceptions (1/2, see below) ° 2 exceptions for libraries, musea and archives: - digitization for conservation purposes - intra muros consultation (cf. VEP – soft law in the pipeline in Flanders) ° Handicap exception - Boek.be: MoU with NGO for dyslexic people (2009) MoU with Luisterpunt (library for the blind) will be signed April 2011 (incl. dyslexia, afasia and MS)

14 5. Permissable private use under Belgian law -Reprography (see above): private use includes in-company use by private companies and organisations (legal limitations + 3-step test) – operator levy for libraries, public institutions, education, private companies and copyshops – not title-specific - device levy on copiers, faxes, scanners and MFD’s (L. 2005: stand-alone printers in?; scanners out) -Private copy: L. 22 May 2005 not yet into force --) will broaden scope (audiovisual, music + books & (photo)graphic) --) “New” Royal Decree of December 17th, 2009 is based on OLD version of 1994 Copyright Law (!) - lawsuit pending, filed by Nokia (Conseil d’Etat) --) 2009 Royal Decree increased number of devices & supports subjected to levy substantially: USB, external hard drives, MP3/MP4, … - smartphones in but under review – e-readers out for now but under review (studies) --) once L. 22 May 2005 will have entered into force: remuneration for Reprobel members / new college within AUVIBEL or mandate (cf. PLR)? --) influence of PADAWAN: administration and cabinet want to speed up things --) draft Royal Decrees (L proof) have already been tabled at next Ministerial Advisory Board meeting - Reprography & private copy remunerations include illegal copies -“Private” use for educational & scientific purposes: see above -“Family circle” v. public communication: lots of media coverage (SABAM, SIMIM) & new tariff schemes (UNISONO, …)

15 Contact details Kurt Van Damme Huis van het Boek Te Boelaerlei Antwerp Belgium T (3) M (473) E.


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