F. Eberhard Providing Access to Content Licensing Digital Uses in Swiss Schools / Universities Example of a Legal Licence

2 ► AGM Oslo ProLitteris, Zurich, ► 21 October 2009 ► Presentation by Franziska Eberhard, ProLitteris

3 Different licensing systems ► a) Voluntary licensing system ► b) Extended Collective Licence ► c) Non voluntary licensing system ► Rightsholders‘ consent is not required for the collection and distribution of remuneration

4 ProLitteris Membership Agreement Rightsholders assign their digital rights to ProLitteris despite the legal licence: ► for licensing in Switzerland (legal licence) ► for licensing in other countries based on a special mandate Reciprocity agreements between ProLitteris and foreign RROs are based on these mandats

5 Legal Licence ► Permission for certain uses of digital copying is granted by law ► Rightsholders have a right to remuneration ► Personal use is free of charge (no equipment levy) ► Legal licence covers all educational institutions ► Tariffs are negotiated between ProLitteris and associations representing educational institutions ► Tariffs are subject to ratification by the Federal Arbitration Commission and include scope and conditions of use

6 Scope of the Digital Licence ► Scanning, downloading, storage and dissemination of digital copies on schools‘ internal networks for internal informatory and documentation purposes ► All uses of a work by a teacher in class also distance learning ► Copying from paper to digital and ► Copying from digital to digital (born digital) ► But only excerpts of works - excerpted portion is not defined

7 Association of Swiss Public Schools ► Collection for public schools and universities is centralised with the Association of Swiss Public Schools and Universities (ASPS) ► Contract has been signed between ProLitteris and the Association: ► Collection based on government statistics ► Lump sum per scholar/student includes copies made by teachers, students and the school administration

8 Contract with ASPS ► Collection is done by the Association (ASPS) as agent for ProLitteris ► ASPS levies payments annually from the 26 cantonal education boards and all universities ► Discount of 16% covering ASPS‘s administrative expenses ► The licence is restricted to digital copies produced and disseminated in Switzerland ► Uniform conditions of use in reality

9 Advantages ► Collection is based on the number of scholars as evidenced in government statistics ► All cantonal education departments provide a budget for the schools in their region ► School addresses are difficult to obtain: Instead of ProLitteris individually invoicing thousands of schools (high costs), the Association issues invoices to the 26 cantonal education boards and the universities

10 Disadvantages ► Little data on the works used in educational institutions except for data obtained by special surveys and data concerning document delivery in libraries ► Little appreciation of copyright and related issues by educational institutions, teachers and students ► RRO are not seen to play a value-adding role in the eyes of educational institutions – the law itself allows certain uses

11 Digital Gap – not covered by the licence Educational institutions ► would like to store and disseminate entire books and journals within their own institution ► would like to share digital copies and even entire databases with other educational institutions ► would like to use copyright protected works for national or regional examinations ► would like to make certain works publicly accessible on the internet

12 ► Thank you for your attention!