Licences for Europe Workgroup 3 Presentation on Collective Management Organisations (CMOs) 18 April 2013

Audio-visual authors’ CMOs in Europe ALCS Directors UK SDCSI SACD SCAM SPA SGAE DAMA SIAE SSA Suissimage VDFS Lit-Mec DACIN-SARA Filmjus LITA DILIA ZAPA EAAL Kopiosto Copyswede VG Bildkunst VG Wort LIRA VEVAM SACD/SCAM SABAM Albautor Filmautor Copydan AKKA-LAA LATGA-A AsDAC Norwaco SAZAS SAA member

Rights administered by SAA members

The challenge Cultural institutions (film archives, libraries, broadcasters, etc.) want to be able to digitise their collections of large numbers of AV works, many of them dating back many years, and make them available to citizens. Currently they face two major problems: – The high cost of digitising these works, compared with the low value and volume of uses – Inability to identify the rightsowners of the works

Role for CMOs? CMOs are being asked to set out how they could facilitate problem two. One method could be the operation – via a Memo of Understanding similar to that covering out-of-commerce print publications – of a blanket licensing scheme that would permit digitisation and making available. Other uses may be required –more information needed about what these might be. Other CMOs would also need to offer a similar facility e.g. music CMOs, AGICOA

Role for CMOs? For this presentation, audio-visual CMOs who are members of SAA (Society of Audio-Visual Authors) were asked to respond to 5 questions – SAA members are CMOs representing writers and directors of films and television programmes

Could your database of audiovisual works and authors (or IDA) be used or useful to assist cultural institutions in identifying works and rightowners? Databases may not be publicly available Charge may be levied Use of IDA database/identifiers would assist this Databases may not be publicly available Charge may be levied Use of IDA database/identifiers would assist this

Could your society grant such a blanket licence now to a) broadcasters, b) libraries, c) film archives d) other?

Could your society grant permission for works on behalf of authors/estates of deceased authors who are not members? If not, what would be required in order to permit this?

Could your society facilitate or carry out a diligent search for authors/estates of deceased authors who are not members? If not, what would be required in order to provide this?

What broad terms might apply to the granting of such licences? A grant of permission of use – Subject to clear conditions e.g. For cultural or public service use Fair licence fee/remuneration based on a % of the revenue of exploitation – with a fixed minimum for “free” or low revenue use Special care needed to ensure no interference with commercial licensing of the works

What broad terms might apply to the granting of such licences? Extended collective management solution like in the Nordic countries (or compulsory collective management) to permit uses of orphan works and those of non-members – Or a workable alternative that permits exclusion of the works of non- members Annual licence fees Adequate reporting of usage to enable accurate distributions Protection of moral rights

Summary and conclusions Existing and extensive network of audio-visual CMOs throughout Europe – Linked through CISAC and SAA – EC Directive on collective rights management to come CMOs administer varied groups of rights on behalf of original AV authors (writers and directors) Databases likely to be a valuable resource for search and identification of original authors – What about producers/existing owners?

Summary and conclusions Change in law needed to empower CMOs to grant licences to cultural bodies Work needed to empower CMOs to licence works of non-members – But some CMOs already doing this via ECL or orphan works regimes Diligent searches for non-members widely possible Licence terms require further discussion with users

Thank you!