European Commission (2011b)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

European Commission (2011b)
Title: Impact assessment on the cross-border online access to orphan works
Author(s): European Commission Staff Working Paper
Year: 2011
Citation: European Commission Impact assessment on the cross-border online access to orphan works (Commission Staff Working Paper SEC (2011) 615 (final)
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: This study is a literature review and has no original data.
Data Type:
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: Yes
Government or policy study?: Yes
Time Period(s) of Collection:
Funder(s):
  • European Commission

Abstract

This study is a European Commission Staff working paper Impact Assessment on the Cross-border Online Access to Orphan Works accompanying the document proposal for a Directive of the European Parliament and of the Council on certain permitted uses of orphan works.

Main Results of the Study

In terms of operating costs, the statutory exception appears to be the most efficient and least onerous for libraries as this option is limited to requiring a diligent search with no subsequent transactional cost linked to licensing. The absence of a secure licensing framework is, however, a slight disadvantage with this option as far as legal certainty is concerned. The option based on mutual recognition, on the other hand, could result in slightly higher operating costs for libraries, depending on whether Member States choose costly licensing systems to authorise the lawful display of orphan works. Nevertheless, the additional license substitutes for the requisite "permission to use" and would thus provide additional safeguards against subsequent infringement claims. Also, as long as a diligent search has been conducted, Member States can reduce operating costs by adopting rules that orphan works can be integrated into existing licensing schemes covering digital libraries. Property rights are affected in the same manner by both options. Notwithstanding a prior diligent search, the orphan work is being used without the right holders' express authorisation. However, since the mutual recognition option grants Member States the possibility to establish suitable instruments to substitute for an express authorisation, The mutual recognition option is better suited to allow Member States to provide a higher level of protection for property rights.

Policy Implications as Stated By Author

The chosen approach is therefore based on the mutual recognition of the orphan work status determined after a diligent search in the Member State where the work was first published. In addition, all licenses permitting the making available of orphan works will also, by virtue of mutual recognition, be valid throughout the European Union. In this manner the principal goal of the initiative, to promote the knowledge economy and grant Europe wide access to orphan works contained in digital library projects, is best achieved.

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
Mass digitisation/orphan works (non-use; extended collective licensing)
Green-tick.png
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets