The Rights of Artistic Photographers in the Digital Environment December 7, 2001 Jean F. BARDA / Claude L. ROLLIN December 7, 2001 Jean F. BARDA / Claude L. ROLLIN SACD

The Copyright (or Droit d’Auteur) addresses 2 different types of rights : The Copyright (or Droit d’Auteur) addresses 2 different types of rights : - The Moral Right Bern Convention - The Author Rights Reproduction Rights Performing Rights TV Broadcast Rights Reprography Rights Intellectual Property Rights SACD

The Requirements An author wants: Respect for his work (Moral Right) Protection of his work (Ownership) Collection of the author’s economic rights An Image Broker wants (Press Agency, Digital Library…) : to show Images with identification and protection (promotion & dissemination) to sell images (content trading) to control the use (piracy) to collect the economic rights (exploitation fees)

SACD Basic Principles Consider the existing situation Consider the national and international legislation Consider the professional practices Manage the problem of antecedence Manage the necessary confidentiality Ensure the security of the deposit Basic Principles Consider the existing situation Consider the national and international legislation Consider the professional practices Manage the problem of antecedence Manage the necessary confidentiality Ensure the security of the deposit

SACD Consider the existing situation Transition of the analogue picture to the digital picture - Explanation of the transfer to the professionals - Setting up digital tools - Permanent demonstration Present deposits - ISBN, ISSN, ISRC, …ISAN, ISWC, ISTC … Conclusion : managing the emergency - Deposit locally or from afar - Assign each object an identifier directly - Make sure the identifier is Unique Consider the existing situation Transition of the analogue picture to the digital picture - Explanation of the transfer to the professionals - Setting up digital tools - Permanent demonstration Present deposits - ISBN, ISSN, ISRC, …ISAN, ISWC, ISTC … Conclusion : managing the emergency - Deposit locally or from afar - Assign each object an identifier directly - Make sure the identifier is Unique

SACD Consider the National and international legislation Difference between the Countries - Moral Right and Intellectual Property - The Concept of Copyright Recourse in case of - Piracy or Imitation Possibility of deposit in several countries - Problem about Date-Hour of deposit - Problem about languages & used characters Conclusion - Notion of Registration Authority in each Country Consider the National and international legislation Difference between the Countries - Moral Right and Intellectual Property - The Concept of Copyright Recourse in case of - Piracy or Imitation Possibility of deposit in several countries - Problem about Date-Hour of deposit - Problem about languages & used characters Conclusion - Notion of Registration Authority in each Country

SACD Considering the professional Practises Many professions are concerned by the Still Image - Author’s Societies & Professional Organisations - Photo Agencies & « great » Photographers - Public Institutions, Museums, Libraries, Archives… - Societies & private Institutions Present classification - By general topic, photographer, Country, by year… - date of taking of seeing, countryside Conclusion : necessity of documenting the files pictures themselves - Title, description of the image, extract, version,… - Non erasable protection of the picture Considering the professional Practises Many professions are concerned by the Still Image - Author’s Societies & Professional Organisations - Photo Agencies & « great » Photographers - Public Institutions, Museums, Libraries, Archives… - Societies & private Institutions Present classification - By general topic, photographer, Country, by year… - date of taking of seeing, countryside Conclusion : necessity of documenting the files pictures themselves - Title, description of the image, extract, version,… - Non erasable protection of the picture

SACD Managing the problem of the antecedence Ability to receive all deposits - Length of the minimum operation - Availability of the reception links Precision in date and hour - Use the ISO date-hour group - Take the GMT reference everywhere Independence of the Registration Authority - Relation between ISO-National correspondent-Authority Conclusion : Multiplicity of the Registration Authorities - Distribution by Countries, agreement… Managing the problem of the antecedence Ability to receive all deposits - Length of the minimum operation - Availability of the reception links Precision in date and hour - Use the ISO date-hour group - Take the GMT reference everywhere Independence of the Registration Authority - Relation between ISO-National correspondent-Authority Conclusion : Multiplicity of the Registration Authorities - Distribution by Countries, agreement…

SACD Managing the necessary confidentiality Limitation of the information - Don’t put the totality of the picture in line - Give enough information per one unique line Deposit type « Safe » - Protected file including all metadata - Modification is not allowed - Optional deposit of original file Conclusion : Deposit a vignette and a link to the original file - Contents of the deposited file - Identification & Description Managing the necessary confidentiality Limitation of the information - Don’t put the totality of the picture in line - Give enough information per one unique line Deposit type « Safe » - Protected file including all metadata - Modification is not allowed - Optional deposit of original file Conclusion : Deposit a vignette and a link to the original file - Contents of the deposited file - Identification & Description

Metadata for IPR Contents Name of the Author of Original Work Name of the Author - (ID/CC) Title Creation date of the Original Work Copyright holder Contact with address, Surface mail, Copyright reference Permanent usage restrictions License Plate concept for Unique Identifier SACD

Licence Plate Structure - ID/LP ISO/JPEG N° parts 3 & FR bits for the type of Work (11 for Still Pictures) bits for the Registration Country- REGCON bits for the Registration Authority- REGAUT bits for sequential identifier - REGID SACD

Process to obtain an ID/LP from a Registration Authority Content Creator REGAUT ID/CC Request ID/LP ID/LP Password WORK Register of ID/CC Register of ID/LP Password Vignette + ID/LP SACD

a collective rights society an individual owning and/or producing image, such as a photographer, a painter, etc..... an Image handling agency, such as a press agency, advertising agency, etc.....… a private or public institution (museum, digital image library, archive....) a collective rights society an individual owning and/or producing image, such as a photographer, a painter, etc..... an Image handling agency, such as a press agency, advertising agency, etc.....… a private or public institution (museum, digital image library, archive....) WHO CAN BECOME A REGISTRATION AUTHORITY? WHO CAN BECOME A REGISTRATION AUTHORITY? SACD

REGISTRATION AUTHORITY JURA : JPEG Utilities Registration Authority REGISTRATION AUTHORITY JURA : JPEG Utilities Registration Authority Afnor BSI JURA Collective Rights Society Collective Rights Society A Press Agency A Museum A Photographer ANSI ISO SACD

Berne Convention (1886) Copyright Treaty (1996) Net Law (1999) Directive Européenne « Droit d’Auteur » (2001) Berne Convention (1886) Copyright Treaty (1996) Net Law (1999) Directive Européenne « Droit d’Auteur » (2001) LEGAL REFERENCE TEXTS SACD

The Bern Convention September 9, 1886 Article 6bis : Moral Right (1)Independently of the Author’s economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or order derogatory action in relation to, the said work, which would be prejudicial to his honour or reputation. Article 6bis : Moral Right (1)Independently of the Author’s economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or order derogatory action in relation to, the said work, which would be prejudicial to his honour or reputation. SACD

Article 9: Right of Reproduction (1)Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorising the reproduction of these works, in any manner or form. Article 9: Right of Reproduction (1)Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorising the reproduction of these works, in any manner or form. The Bern Convention September 9, 1886 SACD

Article 15: Right to Enforce Protected Rights In order that the Author of literary or artistic work protected by this Convention shall, in absence of proof to the contrary, be regarded as such, and consequently be entitled to institute infringement proceedings in the countries of the Union, it shall be sufficient for his name to appear on the work in the usual manner. This paragraph shall be applicable even if this name is a pseudonym, where the pseudonym adopted by the author leaves no doubt as to his identity. Article 15: Right to Enforce Protected Rights In order that the Author of literary or artistic work protected by this Convention shall, in absence of proof to the contrary, be regarded as such, and consequently be entitled to institute infringement proceedings in the countries of the Union, it shall be sufficient for his name to appear on the work in the usual manner. This paragraph shall be applicable even if this name is a pseudonym, where the pseudonym adopted by the author leaves no doubt as to his identity. The Bern Convention September 9, 1886 SACD

Article 36: Application of the Convention Any country party to this Convention undertakes to adopt, in accordance with its constitution, the measures necessary to ensure the application of this Convention Article 36: Application of the Convention Any country party to this Convention undertakes to adopt, in accordance with its constitution, the measures necessary to ensure the application of this Convention The Bern Convention September 9, 1886 SACD

Adopted by the Diplomatic Conference on December 20, States members ( as of Aug. 1998), Intergovernmental Organisation, One of the 16 specialised agencies of the United Nations system of organisations Adopted by the Diplomatic Conference on December 20, States members ( as of Aug. 1998), Intergovernmental Organisation, One of the 16 specialised agencies of the United Nations system of organisations Two main issues about digital copyright : Article 11 : Obligations concerning Technological Measures Article 12 : Obligations concerning Rights Management Information Two main issues about digital copyright : Article 11 : Obligations concerning Technological Measures Article 12 : Obligations concerning Rights Management Information The WIPO Copyright Treaty (December 1996) SACD

Article 11: Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Bern Convention and that restrict acts, in respect of their works, which are not authorised by the authors concerned or permitted by law. Article 11: Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Bern Convention and that restrict acts, in respect of their works, which are not authorised by the authors concerned or permitted by law. The WIPO Copyright Treaty (December 1996) SACD

Article 12: 1)- Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Bern Convention: (i)To remove or alter any electronic rights management information without authority; (ii)To distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority. Article 12: 1)- Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Bern Convention: (i)To remove or alter any electronic rights management information without authority; (ii)To distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority. The WIPO Copyright Treaty (December 1996) SACD

Article 12: 2) – As used in this Article, « rights management information »means information which identifies the work, the author of the work, the owner of any right in the work, or information about the terms and conditions of use of the work, and any numbers or codes that represent such information, when any of these items of information is attached to a copy of the work or appears in connection with the communication of a work to the public. Article 12: 2) – As used in this Article, « rights management information »means information which identifies the work, the author of the work, the owner of any right in the work, or information about the terms and conditions of use of the work, and any numbers or codes that represent such information, when any of these items of information is attached to a copy of the work or appears in connection with the communication of a work to the public. The WIPO Copyright Treaty (December 1996) SACD

Reference to article 8 of the WIPO Copyright Treaty Article 4: Members States shall provide authors in respect of the original of their works or of copies thereof, with the exclusive right to any form of distribution to the public by sale or otherwise. NET LAW (March 5, 1999) SACD

NET LAW (March 5, 1999) Arts. 6 & 7 of the draft Directive derive from arts. 11 & 12 of the WIPO Copyright Treaty. The main interests which publishers have in Copyright and neighbouring rights are Security of trading and authenticity. SACD

NET LAW (March 5, 1999) Reference to the US Digital Millenium Copyright Act (DMCA - October 28, 1998 ) : Copyright Management Information (CMI) The DMCA will make it illegal to knowingly alter, remove or falsify CMI – or to knowingly traffic in copies of works linked with CMI that has been so altered, removed or falsified – with an intent to enable or conceal copyright infringement. Rights of Copyright Owners and related limitations The DCMA explicitly preserves, without modification, existing rights of Copyright owners and the limitations on such rights, including fair use. SACD

The European Directive (February 2001) Harmonisation of : - Reproduction Right - Performing Right - Distribution Right Adopted by the European Parliament February 14th, 2001 SACD

The European Directive (February 2001) Takes into account arrangements of the articles 11 & 12 of the WIPO Treaty : Article 7 ( Obligations concerning the information about the Rights) 1)The members States provide a legal protection against any person who accomplishes knowingly, without authorisation, one of the following acts : a) to remove or to modify all information concerning the form of rights on electronic representation; b) To distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority….. Takes into account arrangements of the articles 11 & 12 of the WIPO Treaty : Article 7 ( Obligations concerning the information about the Rights) 1)The members States provide a legal protection against any person who accomplishes knowingly, without authorisation, one of the following acts : a) to remove or to modify all information concerning the form of rights on electronic representation; b) To distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority….. SACD