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Panel 3: Audiovisual Archives Audiovisual Production in the EU: Opportunities and Challenges Public Hearing: 13 December 2010 Dr. Susanne Nikoltchev Head.

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Presentation on theme: "Panel 3: Audiovisual Archives Audiovisual Production in the EU: Opportunities and Challenges Public Hearing: 13 December 2010 Dr. Susanne Nikoltchev Head."— Presentation transcript:

1 Panel 3: Audiovisual Archives Audiovisual Production in the EU: Opportunities and Challenges Public Hearing: 13 December 2010 Dr. Susanne Nikoltchev Head of Department for Legal Information European Audiovisual Observatory

2 2 Audiovisual Archives Dr. Susanne Nikoltchev, 13. December 2010 Latest IRIS Special December 2010 available also in French and German

3 3 Audiovisual Archives What archives? Dr. Susanne Nikoltchev, 13. December 2010 Collections of cinematographic and other audiovisual works in the possession of heritage institutions, broadcasters, etc. What works? Works old enough to make it difficult to identify holders of digital rights Works of unknown rightsholders (orphan works) What uses? Digital use across border

4 4 Audiovisual Archives To be distinguished: Dr. Susanne Nikoltchev, 13. December 2010 Heritage institutionsBroadcasters Archives result from legal deposit requirements and/or special mandate to preserve cultural heritage Archives result from collection of own productions Usually dont own copy- rights/related rights Hold copyrights/related rights Altruistic mandateBusiness interests

5 5 Broadcasters Audiovisual Archives Dr. Susanne Nikoltchev, 13. December 2010 DIGITISATIONONLINE EXPLOITATION Focus: preservation of works Focus: economic potential High investment neededReturn on investment Reproduction Reproduction/making available

6 6 Broadcasters Audiovisual Archives Double copyright clearance (reproduction + communication to the public) 1.Copyright/related rights status of each component element in each item of the audiovisual work 2.Identification of relevant rightsholders 3.Obtaining licences for each item involved as regards each country concerned 4.Ensuring conformity to requirements of observing moral rights Dr. Susanne Nikoltchev, 13. December 2010

7 7 Broadcasters Audiovisual Archives How to find solutions that simplify digital rights clearance ? Key issue: the level of state intervention 1.Type of archive and use in question 2.The right balance between interests … and Dr. Susanne Nikoltchev, 13. December 2010

8 8 Broadcasters Audiovisual Archives … Type of problem with regard to rights clearance Orphan works Definition Guessing the interest of the unknown rightsholder? Finding the right guardian Cross border services What is the actual and potential demand for cross border services? How would further Europeanization of copyright influence financing systems, business models, market power? Dr. Susanne Nikoltchev, 13. December 2010

9 9 Broadcasters Audiovisual Archives Conclusion: Copyright in its current form is only one of many open issues to be addressed! The differences between archives, envisaged uses, interests and underlying constellations matter! Dr. Susanne Nikoltchev, 13. December 2010

10 Contact : Susanne Nikoltchev Head of Department for Legal Information susanne.nikoltchev@coe.int For more information: www.obs.coe.int

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