1. ECL – FOR ONLINE ACCESS TO BROADCASTERS’ ARCHIVES IN SWEDEN Extended Collective Licensing Conference in Warsaw 16-17.03.2016 Birgitta Adamson Legal Counsel, Sveriges Television, Stockholm

3. Broadcasters’ archives – what’s the problem?

4. BC’s archives contain a vast amount of programmes, forming part of a cultural heritage

5. Broadcasters’ archives – what’s the problem? BC’s archives contain a vast amount of programmes, forming part of a cultural heritage Concern a vast number of various rightsholders

6. Broadcasters’ archives – what’s the problem? BC’s archives contain a vast amount of programmes, forming part of a cultural heritage Concern a vast number of various rightsholders Old contracts do not always give the full picture of the rightsholders involved

7. Broadcasters’ archives – what’s the problem? BC’s archives contain a vast amount of programmes, forming part of a cultural heritage Concern a vast number of various rightsholders Old contracts do not always give the full picture of the rightsholders involved Old contracts do not regulate online use

8. Broadcasters’ archives – what’s the problem? BC’s archives contain a vast amount of programmes, forming part of a cultural heritage Concern a vast number of various rightsholders Old contracts do not always give the full picture of the rightsholders involved Old contracts do not regulate online use – of course

9. Broadcasters’ archives – what’s the problem? BC’s archives contain a vast amount of programmes, forming part of a cultural heritage Concern a vast number of various rightsholders Old contracts do not always give the full picture of the rightsholders involved Old contracts do not regulate online use – of course Difficult for BCs to identify and find all rightsholders

10. Broadcasters’ archives – what’s the problem? BC’s archives contain a vast amount of programmes, forming part of a cultural heritage Concern a vast number of various rightsholders Old contracts do not always give the full picture of the rightsholders involved Old contracts do not regulate online use – of course Difficult for BCs to identify and find all rightsholders = Treasures remain hidden in archives?

11. Background to Swedish Archive ECL for BCs Nordic PSBs made an investigation and a report called ”Dead archives?”

12. Background to Swedish Archive ECL for BCs Nordic PSBs made an investigation and a report called ”Dead archives?” Conclusion: Need of legislative intervention – ECL!

13. Background to Swedish Archive ECL for BCs Nordic PSBs made an investigation and a report called ”Dead archives?” Conclusion: Need of legislative intervention – ECL! Support gained from Nordic Council of Ministers, Nordic Council and Council of Europe

14. Background to Swedish Archive ECL for BCs Nordic PSBs made an investigation and a report called ”Dead archives?” Conclusion: Need of legislative intervention – ECL! Support gained from Nordic Council of Ministers, Nordic Council and Council of Europe ECL for the communication to the public of BC’s archives introduced in Denmark, Finland, Norway and Iceland in connection with the implementation of InfoSoc Directive

15. Background to Swedish Archive ECL for BCs Nordic PSBs made an investigation and a report called ”Dead archives?” Conclusion: Need of legislative intervention – ECL! Support gained from Nordic Council of Ministers, Nordic Council and Council of Europe ECL for the communication to the public of BC’s archives introduced in Denmark, Finland, Norway and Iceland in connection with the implementation of InfoSoc Directive ECL for the communication of BC’s archive programmes introduced 2011 in the Swedish Copyright Act, Article 42 g

16. ECL model – general legal requirements Swedish Copyright Act Article 42 a: Users and CMOs conclude agreements upon free negotiations

17. ECL model – general legal requirements Swedish Copyright Act Article 42 a: Users and CMOs conclude agreements upon free negotiations Specific use and type of works defined

18. ECL model – general legal requirements Swedish Copyright Act Article 42 a: Users and CMOs conclude agreements upon free negotiations Specific use and type of works defined CMO must meet criteria for representation in the legislation

19. ECL model – general legal requirements Swedish Copyright Act Article 42 a: Users and CMOs conclude agreements upon free negotiations Specific use and type of works defined CMO must meet criteria for representation in the legislation Authorization in agreements extended by law to cover non- represented rightsholders (also to ”orphan works”)

20. ECL model – general legal requirements Swedish Copyright Act Article 42 a: Users and CMOs conclude agreements upon free negotiations Specific use and type of works defined CMO must meet criteria for representation in the legislation Authorization in agreements extended by law to cover non- represented rightsholders (also to ”orphan works”) Non-represented rightsholders (i) guaranteed equal treatment, (ii) may claim individual remuneration even when members do not have such right, (iii) may opt out

21. ECL model – general legal requirements Swedish Copyright Act Article 42 a: Users and CMOs conclude agreements upon free negotiations Specific use and type of works defined CMO must meet criteria for representation in the legislation Authorization in agreements extended by law to cover non- represented rightsholders (also to ”orphan works”) Non-represented rightsholders (i) guaranteed equal treatment, (ii) may claim individual remuneration even when members do not have such right, (iii) may opt out Claims from rightsholders generally referred to CMO

22. Swedish ECL for access to BC’s archives Swedish Copyright Act Article 42 g, BC’s Archive ECL: “A sound radio or television organization may, if an extended collective license applies under Article 42 a, communicate to the public works that have been made public, if the works form part of the organization's own productions or of productions that have been commissioned by the organization and which have been broadcast before 1 July, 2005. The organization may also make such copies of the works that are necessary for the communication. The first Paragraph does not apply if the author has filed with any of the contracting parties a prohibition against communication or the reproduction or if there are otherwise, in view of specific circumstances, special reasons to assume that the author opposes the exploitation.”

23. Swedish ECL for access to BC’s archives Swedish Copyright Act Article 42 g, BC’s Archive ECL: “A sound radio or television organization may, if an extended collective license applies under Article 42 a, communicate to the public works that have been made public, if the works form part of the organization's own productions or of productions that have been commissioned by the organization and which have been broadcast before 1 July, 2005. The organization may also make such copies of the works that are necessary for the communication. The first Paragraph does not apply if the author has filed with any of the contracting parties a prohibition against communication or the reproduction or if there are otherwise, in view of specific circumstances, special reasons to assume that the author opposes the exploitation.”

24. Swedish ECL for access to BC’s archives Swedish Copyright Act Article 42 g, BC’s Archive ECL: “A sound radio or television organization may, if an extended collective license applies under Article 42 a, communicate to the public works that have been made public, if the works form part of the organization's own productions or of productions that have been commissioned by the organization and which have been broadcast before 1 July, 2005. The organization may also make such copies of the works that are necessary for the communication. The first Paragraph does not apply if the author has filed with any of the contracting parties a prohibition against communication or the reproduction or if there are otherwise, in view of specific circumstances, special reasons to assume that the author opposes the exploitation.”

25. Swedish ECL for access to BC’s archives Swedish Copyright Act Article 42 g, BC’s Archive ECL: “A sound radio or television organization may, if an extended collective license applies under Article 42 a, communicate to the public works that have been made public, if the works form part of the organization's own productions or of productions that have been commissioned by the organization and which have been broadcast before 1 July, 2005. The organization may also make such copies of the works that are necessary for the communication. The first Paragraph does not apply if the author has filed with any of the contracting parties a prohibition against communication or the reproduction or if there are otherwise, in view of specific circumstances, special reasons to assume that the author opposes the exploitation.”

26. Swedish ECL for access to BC’s archives Swedish Copyright Act Article 42 g, BC’s Archive ECL: “A sound radio or television organization may, if an extended collective license applies under Article 42 a, communicate to the public works that have been made public, if the works form part of the organization's own productions or of productions that have been commissioned by the organization and which have been broadcast before 1 July, 2005. The organization may also make such copies of the works that are necessary for the communication. The first Paragraph does not apply if the author has filed with any of the contracting parties a prohibition against communication or the reproduction or if there are otherwise, in view of specific circumstances, special reasons to assume that the author opposes the exploitation.”

27. ECL Agreements for online archive use Agreement concluded 1 June 2012 for the making available (on demand) of television programme archives + for information in broadcasts, with: 1. IFPI (Swedish branch of the International Federation of the Phonographic Industry) and SAMI (Swedish Artists’ and Musicians’ Interest Organization) (for the clearing of rights to commercial phonograms) 2. Copyswede, representing: visual artists (including painters, photographers illustrators, designers, craftspeople) authors of musical works/ literary works actors directors choreographers stage/ costume designers musicians journalists translators

28. ECL Agreements for online archive use Agreement concluded 1 June 2012 for the making available (on demand) of television programme archives + for information in broadcasts, with: 1. IFPI (Swedish branch of the International Federation of the Phonographic Industry) and SAMI (Swedish Artists’ and Musicians’ Interest Organization) (for the clearing of rights to commercial phonograms) 2. Copyswede, representing: visual artists (including painters, photographers illustrators, designers, craftspeople) authors of musical works/ literary works actors directors choreographers stage/ costume designers musicians journalists translators

29. ECL Agreements for online archive use Agreement concluded 1 June 2012 for the making available (on demand) of television programme archives + for information in broadcasts, with: 1. IFPI (Swedish branch of the International Federation of the Phonographic Industry) and SAMI (Swedish Artists’ and Musicians’ Interest Organization) (for the clearing of rights to commercial phonograms) 2. Copyswede, representing: visual artists (including painters, photographers illustrators, designers, craftspeople) authors of musical works/ literary works actors directors choreographers stage/ costume designers musicians journalists translators

30. ECL Agreements for online archive use Agreement concluded 1 June 2012 for the making available (on demand) of television programme archives + for information in broadcasts, with: 1. IFPI (Swedish branch of the International Federation of the Phonographic Industry) and SAMI (Swedish Artists’ and Musicians’ Interest Organization) (for the clearing of rights to commercial phonograms) 2. Copyswede, representing: visual artists (including painters, photographers illustrators, designers, craftspeople) authors of musical works/ literary works actors directors choreographers stage/ costume designers musicians journalists translators

31. Copyswede - Member organizations Visual Arts Copyright Society in Sweden (BUS) The Swedish Association of Professional Photographers (SFF) The Swedish Musicians Union (SMF) The Swedish Union for Performing Arts and Film (TF) The Swedish Performing Rights Society (STIM) Nordic Copyright Bureau (NCB) The Association of Swedish Illustrators and Graphic Designers (ST) The Writers Guild of Sweden (SDF - dramatists/playwriters) The Swedish Writers’ Union (SFF) The Association of Swedish Craftsmen and Industrial Designers (KIF) The Swedish Union of Journalists (SJF) The Swedish Union of Professional Musicians (SYMF) The Swedish Association of Educational Writers (SLFF)

32. ECL Agreements for online archive use SVT’s own or commissioned productions, broadcast before 1 July 2005

33. ECL Agreements for online archive use SVT’s own or commissioned productions, broadcast before 1 July 2005 Access only via SVT’s own internet domains; use on third party platforms has to be cleared by platform operator (preferably by applying other ECLs)

34. ECL Agreements for online archive use SVT’s own or commissioned productions, broadcast before 1 July 2005 Access only via SVT’s own internet domains; use on third party platforms has to be cleared by platform operator (preferably by applying other ECLs) Only for access in Sweden (geoblocked) – please introduce CoO-principle (SatCab Directive) for such online services!

35. Payment and reporting Payment to CMO (Copyswede) on basis of amount of hours of programmes published

36. Payment and reporting Payment to CMO (Copyswede) on basis of amount of hours of programmes published All claims for payment from rightsholders are to be referred to CMO

37. Payment and reporting Payment to CMO (Copyswede) on basis of amount of hours of programmes published All claims for payment from rightsholders are to be referred to CMO CMO is obliged to distribute remuneration to all rightsholders – members and non-represented rightsholders/outsiders Copyswede distribution reports: https://issuu.com/ymrkommunikation/docs/150077_copyswede_ f__rdelning2014_en/1 https://issuu.com/ymrkommunikation/docs/150077_copyswede_ f__rdelning2014_en/1

38. Payment and reporting Payment to CMO (Copyswede) on basis of amount of hours of programmes published All claims for payment from rightsholders are to be referred to CMO CMO is obliged to distribute remuneration to all rightsholders – members and non-represented rightsholders/outsiders Copyswede distribution reports: https://issuu.com/ymrkommunikation/docs/150077_copyswede_ f__rdelning2014_en/1 https://issuu.com/ymrkommunikation/docs/150077_copyswede_ f__rdelning2014_en/1 SVT is obliged to supply information about rightsholders to CMO, for the distribution of remuneration

39. The SVT Open Archive www.oppetarkiv.se www.facebook.com/oppetarkiv/ www.twitter.com/oppetarkiv

40. The SVT Open Archive www.oppetarkiv.se www.facebook.com/oppetarkiv/ www.twitter.com/oppetarkiv A ”Living archive”

41. The SVT Open Archive www.oppetarkiv.se www.facebook.com/oppetarkiv/ www.twitter.com/oppetarkiv A ”Living archive” - extended value!

42. THANK YOU! birgitta.adamson@svt.se