Filmotech Nederland BV - 1 -March 4th, Subgroup identification of works and info on rights holdersLicenses for Europe Subgroup W3: Identification of works and rights holders “Licenses for Europe” – Brussels, March 4th, 2013

Filmotech Nederland BV - 2 -March 4th, Subgroup identification of works and info on rights holdersLicenses for Europe Introduction Objectives of EU Working group 3 is to overcome the following problems –Difficulty for online service providers to develop catalogues of European films, particularly those which are out of distribution: a) difficulties in identifying catalogues of films; b) rights often complex and time-consuming to clear –Problems for the making available of audiovisual works both by: a) commercial service providers and b) Film Heritage Institutions and/or similar public or private entities This subgroup “Improving identification of the work and information about rights”… –… will look at how the use of unique identification codes and the cheap and easy sharing of information and metadata may help to overcome the problems mentioned above

Filmotech Nederland BV - 3 -March 4th, Subgroup identification of works and info on rights holdersLicenses for Europe Problems areas with respect to making available audiovisual works across Europe: specifically regarding ‘non-blockbuster’ works Establishing the unique identity of work (i.e. not confusing work or a version of work with another work). Knowing the identity answers the question: are we talking about the exact same (version of the) work? Identification Finding information Finding information Reporting Back* Reporting Back* Meta-data such as actors, directors and crew, as well as descriptions, genres, etc. (-> editorializing purposes notably) Who is the producer? Who are the right-holders if not the producer? (-> rights clearance purposes) How do I report back to producers, right holders or copyright collection agencies across Europe? Now, typically, one has to rely on title and year of first release, which is prone to confusion and not cost-efficient notably for international distribution of small payments to right holders across the EU *Note: ‘Problem area 3’ is not further addressed in this document

Filmotech Nederland BV - 4 -March 4th, Subgroup identification of works and info on rights holdersLicenses for Europe Potential solutions (1): cost effective identification of audiovisual works Put unique identity number on each (relevant version of a) work. Different versions will have different IDs: dubbed versions, shortened versions, extended versions, etc. Many examples of successful unique identifyers exist in other industries: e.g. IBAN (banking), ISBN (publishing), ISRC & ISWC (music industry). Unique Identifyer Both ISAN and EIDR seem to have the proper attributes to play the role of the unique ID code. To establish whether ISAN or EIDR can live up to expectation in reality and daily operations of the value chain, questions should be answered as: How does it work, what are the costs involved and how widely is it adopted as standard? What are possible barriers to adoption? The full list of criteria and recommendation as to which system is preferred (ISAN or EIDR), and how possible obstacles to adoption of one and/or the other could be overcome, was considered outside the scope of this working document (but should be addressed by WG3). Identifyer Candidates

Filmotech Nederland BV - 5 -March 4th, Subgroup identification of works and info on rights holdersLicenses for Europe Potential solutions (2): finding information about audiovisual works Encourage the establishment of various databases that will offer information on the basis of a unique identification code (e.g. ISAN or EIDR). These different (non-profit and commercial) databases will offer information on the basis of only the specific unique ID code or about a family of unique ID codes (versions of works). These databases compete on completeness, correctness and price Metadata provided by market Right owners of audiovisual content should be more pro-active in contributing to transparency as to who owns which rights for which geography. Such pro-active contribution may be achieved by requiring content owners to register their ownership of content rights in a online database accessible for the audiovisual industry. As a result, the costs for international rights clearing will decrease substantially, allowing an economically feasible exploitation. Pro-active role rightsholder