IFRRO AGM 2009 OSLO Speaker: Dr. Anke Schierholz OnLineArt, global licensing of Online uses of works of fine art and photography IFRRO AGM 2009 OSLO Speaker: Dr. Anke Schierholz

Topics to be covered Rights administration for visual artists OnLineArt: solution for AGP societies Construction of mandate Tool to prevent orphans Conclusions 20 October 2009 IFRRO AGM OSLO

Market realities Fragmented rights ownership Collective management societies represent most artists and heirs of market interest Some Museums and Image Archives hold rights on works in their collections Market demands for multiterritory/multirepertoire licences for online uses Demands for non commercial mass uses from books Book digitisation projects require rights for entire image repertoires (Google/Europeana) Rights and content packages 20 October 2009 IFRRO AGM OSLO

OnLineArt Founded early 2002 Present membership: 14 societies: ADAGP(France), VG Bild-Kunst(Germany), ProLitteris(Switzerland), DACS(UK), ARS(United States, VEGAP(Spain), BUS(Sweden), Pictoright(Netherlands), SABAM(Belgium, Copy-Dan(Denmark), SIAE(Italy), BONO(Norway), Viscopy(Australia), VBK (Austria) 20 October 2009 IFRRO AGM OSLO

OnLineArt: What it aims to offer Granting world-wide licenses for the pool of repertoires held by OnLineArt One-stop-shopping Central server Centralised monitoring Enables effective rights enforcement Enables cross border search for authors by adapting existing databases Sector specific solution for embedded works in orphan books and orphan works of art The OLA database provides a tool for the book digitising projects to help fulfil the requirements of due diligent search for authors Standardised licensing procedures for the participating societies Cost savings 20 October 2009 IFRRO AGM OSLO

Mandate Statutes Individual contracts Non exclusive mandate by member on whole repertoire Mandate in return on whole pool of repertoires EEA and Switzerland: non exclusive Exclusivity for Third countries (USA, Australia) 20 October 2009 IFRRO AGM OSLO

Membership Membership is open to all AGP collective management societies providing a certain minimum technical standard Other rights holders may benefit: Museums Image Archives 20 October 2009 IFRRO AGM OSLO

OnLineArt – Possible Directions Rights and image packages to provide Image, including the photographic rights Rights for the work of art 20 October 2009 IFRRO AGM OSLO

Tariffs Common tariffs Individual licensing for remainder applicable to 50% of uses (mass uses) Regularly up-dated depending on market developments Individual licensing for remainder 20 October 2009 IFRRO AGM OSLO

Market developments Some observations Advertisement is different than in the analogue world, presentation of traditional licensed copies on internet sites; advertisement banners hardly use works; The borders between commercial/non-commercial uses and users blurs: Museums commercial their collections and commercial companies collect and exhibit works etc. Time factor changes – more long term uses desired Book digitization projects (GOOGLE/ EUROPEANA) demand entire world wide repertoires on all images immediately OLA reacts by: Setting up licensing principles and guidelines for large scale International web site projects Extending mandates from authors such as photographers 20 October 2009 IFRRO AGM OSLO

Conclusions System works successfully Users‘ demands are met while ensuring high level of authors‘ rights protection Electronic commerce is facilitated Flexibility to react on constant market developments www.onlineart.info 20 October 2009 IFRRO AGM OSLO