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2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

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9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

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A quantitative analysis of the 187 submissions to the April NETmundial conference on the future of internet governance shows broad support for improving security, ensuring respect for privacy, ensuring freedom of expression, and globalizing the IANA function, analyst Richard Hill writes.


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    Breakthrough Gives EU Principles For Digitising Out-Of-Print Books

    Published on 20 September 2011 @ 6:07 pm

    By for Intellectual Property Watch

    Key European stakeholders have approved a “ground-breaking” set of principles for digitising and making publicly available out-of-print books and journals. The accord could serve as a template for dealing with the vexing problem of orphan works, those for whom the copyright owner cannot be found, according to International Federation of Reproduction Rights Organisations CEO Olav Stokkmo.

    It is unclear, however, whether the approach will be attractive to the audiovisual sector, said European Publishers Council (EPC) Executive Director Angela Wade.

    The memorandum of understanding (MoU) [pdf] is considered first-of-its-kind because it deals with out-of-commerce works, and enjoys the participation of all relevant stakeholders, Stokkmo said in an interview. It defines an out-of-commerce work as one which, in all its versions and manifestations, is no longer commercially available from customary channels, regardless of whether there are copies in libraries or second-hand bookshops. European library Europeana and its national counterparts want to digitise such content but cannot do so until common ground is found with rights holders, he said. Last November, the European Commission asked authors, publishers, the IFRRO and other interested parties to come up with agreed criteria for digitising and making available on Europeana out-of-commerce works, he said.

    MoU signers are the IFRRO, Federation of European publishers, International Association of Scientific, Technical and Medical Publishers, EPC, European Visual Artists, European Writers’ Council, European Federation of Journalists, European Bureau of Library, Information and Documentation Associations, Association of European Research Libraries, European Library and Archives Organisations, Liber Scientific Libraries, and Conference of European National Librarians.

    The agreement sets out three principles. First, agreements for digitising and making available out-of-commerce works contained in publicly accessibly cultural institutions, which are not for direct or indirect economic advantage, must be negotiated on a voluntary basis by all relevant players including authors and publishers. They must agree on what is to be digitised, including a publication cut-off date, and on the fact that those items are no longer in commerce. The latter determination must be made according to the practices of the country where the work was first published. Each agreement must define commercial or non-commercial uses and specify which are authorised.

    Each contract must also stipulate the author’s right to claim authorship of the work, to acknowledge that authorship when known, and to object to any distortion, mutilation or other modification of her work.

    Principle two limits the granting of licences for out-of-commerce content to collective management organisations in which a substantial number of authors and publishers affected by the MoU are members and represented in the key decision-making bodies. Each digital library project must be widely publicised so all stakeholders whose rights might be affected can decide whether or not to participate. Where a rights owner whose work was first published in a particular EU country has not transferred management of those rights to a collecting society, the collective management body which manages the same category of rights in the country of first publication will be presumed to manage the content. Rights holders have the right to opt out of and withdraw all or part of their works from any such collective licensing regime.

    Principle three addresses cross-border access to digital libraries, providing, among other things, that if an agreement includes trans-border and/or commercial uses, the collective management organisation may limit its licence of works that are out-of-commerce to those of represented rights owners.

    The parties were “united in their aim to find voluntary licensing solutions” that fully respect copyright, Wade said. In the case of books and learned journals, it was important that everyone agreed from the outset that rights holders should always have the first option to digitise and make available an out-of-commerce work as more works are commercialised to feed flourishing ebook services, she said.

    A Partial Fix for Orphan Works?

    The MoU will solve the problem of “orphan” works – those whose rights holders are unknown or untraceable – because it will allow such content to be included in collective licences, Stokkmo said. This does not mean that EU legislation on orphan works is not necessary, however, because stakeholders in some countries may not use the MoU, he said.

    The initiative envisions the use of the EU-funded Accessible Registries of Rights Information and Orphan Works (ARROW) system to search for included and excluded works, Stokkmo said. A British Library study, Seeking New Landscapes: A rights clearance study in the context of mass digitisation of 140 books published between 1870 and 2010, found that more efficient clearance mechanisms and giving cultural institutions more legal certainty about their activities will ensure that valuable research materials don’t remain out of reach of most citizens, the library said on 15 September.

    Among other findings, the study concluded that while it could take 1,000 years for one person to clear the rights of 500,000 books manually [corrected], using the ARROW system reduced the time to less than five minutes per title to upload the catalogue records and check the results. The analysis highlights the need for “innovative solutions in relation to mass digitisation projects,” the British Library said. The presence of a high percentage of orphan works (31 percent of the total sample) boosts the case for pan-EU legislation, it said.

    The MoU principles are sector-specific and deal with a distinctive set of requirements, Wade said. “It remains to be seen whether the parties in the audiovisual field feel there is merit in this approach.”

    The document “is a clear sign that, through dialogue and taking into account the specific needs of specific sectors, it is possible to reach negotiated solutions to surmount copyright issues in the digital era,” European Internal Market and Services Commissioner Michel Barnier said in a release.

    The report is here.

    The MoU is available here [pdf].

    Dugie Standeford may be reached at info@ip-watch.ch.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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