Extended Collective Licensing WIPO Cooperation with the Polish Ministry of Culture, Warsaw 16 and 17 March 2016 TOPIC 5.v. Cultural institutions, incl libraries, archives, museums

Visual Repertorie Fine arts – paintings, sculptors, installations, art films (from performances) Photography – photojournalism, illustrations for books and other printmedia, artistic photography Illustrations – book, journals, news papers Design – objects of daily life Architecture

CMOs for Visual Repertoire Exclusive rights/primary uses – Reproduction and distribution – books, journals, calendars, postcards, posters, merchandising products…. Collection of remuneration/secondary rights – Reprography, private copy, public lending, press clippings etc Resale right

CMOs for Visual Repertoire continued EVA 26 European societies in 23 countries CISAC - CIAGP 70 societies worldwide IFRRO OnLineArt – multi-territory one stop shop – 18 members in Europe, USA, Canada, Latin America, Australia EVA observer to WIPO

ECL in practise Nordic countries, for instance Denmark and Sweden Image repertoire is added to contracts with educational and cultural institutions – Denmark: CopyDan billeder one roof includes CopyDan Writing – Sweden: BUS in union with illustrators + negotiations with Swedish Writing CMO

Example Sweden BUS – covers all categories of visual authors – 8500 individual authors – 6 associations fine arts Photography Illustration Design etc – International repertoire (close to authors) Reciprocal agreements and ONLINEART

Swedish example continued ECL agreement with DIGISAM (national coordinator for digitisation of national heritage) Amendment of Swedish legislation allows since 2013 ECL not only for archives and libraries but also museums (42d and h Swedish copyright act) 27 October 2015 signing of joint recommendations for ECL of images, content: – Model contracts – Ceiling of image 120 images per year to illustrate the database – Additional uses possible but subject to additional fee Under these terms contracts can be concluded with any cultural institution in Sweden holding an art collection

Example Denmark CopyDan Visual (Billeder) appointed by the Danish Ministry of culture to license the secodnary use of visual works under the ECL scheme One scheme for instance on secondary uses for educational purposes: All Danish educational institutions hold ECL licenses allowing teachers and pupils to copy, download and store copyright protected images from the internet und reuse for educational purposes such as use in digital presentations, digital whiteboards in the class room and sharing with other teachers, students at other institutions (in Denmark) All visual works included regardless the nationality and source Annual fee per student per years between 2 and 4 € International Distribution to individual authors based on surveys

Denmark continued Key principles: – Efficiency and transparency – Equal treatment of all authors – Opt-out ; authors decide which categories of rights should be included in an agreement High level of legal certainty for institutions

Libraries and archives Embedded Images – MoU on out of commerce – Orphan works Directive Stand-Alone Images

Museums CMOs contracts – All Primary use related to museums activities Cross border exhibitions Making available on museums website Extension to social media etc. Assignment – unfair contracts – Artists to assign all present and future rights; – Entire protection term – Withdraw from CMO Museums exception? – OW – no issue for fine art works – Out of commerce – no issue

Arrow ARROW PLUS Feasibilty Study – Can we include image works into the ARROW tool? – Image repertoire is fragmented Picture agencies and archives– image material CMOs Estates etc – No data base for embedded images – Key recommendations: collective management

Visual Work identifyer CISAC Identifyer – Fingerprinting tool – Tool in development for 70 CIAGP societies worldwide, – Software developed – Reference databank in progress – Target images by end of 2016 Purpose of the tool – Distribution of revenues

Challenge: Svensson and Bestwater 2 EUCJ rulings: – Svensson on linking: Nils Svensson vs Retriever Case C- 466/ /02/2014 No new public – no new use, for ex: making available to the public – Bestwater on framing:BestWater International GmbH v M. Mebes and S. Potsch Case C-348/13 Court extended application of „new public“ Consequence: if CMO‘s license making available of museums and library collections including social media all re-use by application of framing might be considered as no new use In Germany a court case is in preparation to clarify – Urgent: Legislators have to intervene!

CONCLUSIONS ECL is for the visual repertoire a promising solution It is well functioning in the Scandinavian countries Condition is that a substantial number of authors of the specific category is represented In countries where conditions not met the legislator has to intervene further for instance with a guaranteed remuneration for the authors of the specific work category (photography, illustration, fine arts etc)

THANK YOU! More information: Secretary General