[okfn-be] Fwd: [CC-Europe] Directive on Collective Rights management

Tue Apr 30 10:09:39 UTC 2013

Hi all,

Please read the mail below, I believe this is a very important topic for
free culture and we should try to push this as much as possible.

---------- Forwarded message ----------
From: Paul Keller <pk at kl.nl>
Date: Tue, Apr 30, 2013 at 12:04 PM
Subject: [CC-Europe] Directive on Collective Rights management
To: "cc-europe at lists.ibiblio.org" <cc-europe at lists.ibiblio.org>

dear all,

as most of you will know the European Union is currently discussing a
directive on collective rights management (if you don't know this policy
paper by the COMMUNIA association is probably a good start
http://www.communia-association.org/2013/01/07/communia-policy-paper-on-proposed-directive-on-collective-management-of-copyright/
).

One of the issues at stake is the use of open content licenses by the
members of collecting societies. The directive presents an opportunity to
create the legal basis for such uses. While the initial draft was somewhat
ambiguous in this regards, we have managed to het this issue to the
attention to the rapporteur for the Culture and Education committee of the
European Parliament. In her draft opinion on behalf of the CULT committee
MEP Trüpel has introduced amendments that would ensure that members of
collecting societies are free to use open content licenses (see this post
for an analysis of her amendments:
http://www.communia-association.org/2013/04/29/european-parliament-starts-discussing-the-proposed-directive-on-collective-management-of-copyright/
)

As one would expect she is getting a lot of push back from the collective
management organisations aimed at the amendments that would allow for the
use of open content licenses (amendments 29, 30, 31, 32). Given this it is
important that we make ourselves heard with support for these amendments.
This needs to happen before the 8th of may and it would b great if as
European CC affiliates could express support for these amendments to MEP
Trüpel. (contact details here:
http://www.europarl.europa.eu/meps/en/28240/HELGA_TRUPEL_home.html). This
can be done by email and should expressly mention the amendments mentioned
above. Here is some sample language that you can build upon.

<introduction of your organisation>

we are contacting you to express support for the draft opinion of the
Committee on Culture and Education for the Committee on Legal Affairs on
the proposal for a directive on collective management of copyright and
related rights and multi-territorial licensing of rights in musical works
for online uses in the internal market. Specifically we welcome the
inclusion of amendments aimed making it possible for right-holders to make
their works available under an open content license of their choice without
necessarily opting out from the collective management system.

We think that both amendment 29 (which would enable embers of collective
management organisations to license their works for non-commercial uses) as
well as amendments 30, 31 and 33 (which would open the way for excluding
certain works from collective management altogether) respond to a genuine
need of creators across Europe to exercise their rights in a flexible
manner.

<maybe something on how your organisation relates to creators>

With regards to amendment 29 we would like to stress that a number of
pilots undertaken between European Creative Commons affiliates and European
Collecting Socities (BUMA, KODA and SACEM) have clearly shown that the use
of open content licenses that allow royalty free non-commercial uses of the
licensed works do not undermine the functioning of collective licensing
arrangements.

<final remarks, expressing support>

Again, it would be really great if as many affiliate organisation as
possible could get in touch with MEP Trüpel and if you could get other
friendly organisations to condsider joining us. It would probably be good
if you could alter the text above a little bit, so that it does not look
like a massive cut and past operation. Given that this represents a real
opportunity to fix something that is broken at the moment, i would really
urge you to take some time and act on this. If you have any questions
please feel free to get back to me…

all the best from Amsterdam,
Paul
--
Kennisland | www.kennisland.nl | t +31205756720 | m +31641374687

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