[open-heritage] [Fwd: [Communia-members] Final report of the Comité des sages (REFLECTION GROUP ON BRINGING EUROPE?S CULTURAL HERITAGE ONLINE)]

Stefano Costa stefano.costa at okfn.org
Thu Jan 13 10:30:32 UTC 2011

Dear all,
the following summary of the report of the Comité des sages should be of
interest to this working group. The results are only partly satisfying -
especially from the point of view of the public domain (the subject of
the COMMUNIA EU project).


------- Messaggio inoltrato -------
> Da: Philippe Aigrain <philippe.aigrain at sopinspace.com>
> A: communia-members at lists.communia-project.eu
> Oggetto: [Communia-members] Final report of the Comité des sages
> Data: Mon, 10 Jan 2011 13:27:00 +0100
> This follows a consultation to which both COMMUNIA and La Quadrature du
> Net had answered.
> I have not yet analyzed the report, but they seem to make a lukewarm
> endorsement of some of our recommendations. Ex:
> Very lukewarm, close to cold:
> 4.1.5 Many cultural institutions from across Europe claim rights on
> digitised material that is in the public domain. In other words, they
> assert new rights that would have been created by the digitisation of
> the material. The basis for such claims is, however, not always solid,
> and the situation may varyfrom one Member State to the other, depending
> on the copyright legislation of the country concerned. This can lead to
> a situation where digitised objects are protected in one country and not
> in another, which is particularly problematic in a cross-border context.
> Good:
> 4.3.1 The Comité feels strongly that public domain material digitised
> with public money should be freely accessible for all. This should be
> part of the funding conditions for the digitisation of public domain
> material across Europe.
> Starts well, and continues badly (in my opinion):
> 4.4.1 Public domain material digitised with public money should be
> freely available for non-commercial re-use by citizens, schools,
> universities, non-governmental and other organisations.
> 4.4.2 The Comité also recommends that cultural institutions make their
> digitised material available as widely as possible for commercial
> entities to build upon. This will stimulate the use of the material
> for new information products and services.
> 4.4.3 Cultural institutions can, however, ask private companies to pay
> for the commercial re-use of the material, in order to recoup the
> digitisation costs and finance further digitisation. This could be
> done on the basis of a one-off payment or through revenue-sharing
> models. Specific partnerships between cultural institutions and smaller
> companies or universities could be considered, in order to stimulate the
> re-use of the digitised material for innovative information services.
> Overall, they should read better the Public Domain Manifesto and our
> policy recommendations : if a digitized version of a public domain work
> is in the public domain there is no legal basis for making conditions on
> its reuse (it is actually contrary to fundamental right to create any).
> You can create taxes, public trusts, statutory contributions, or
> voluntary resource pooling to raise resources for digitizing.
> Philippe
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Stefano Costa
Coordinator, Working Group on Open Data in Archaeology
The Open Knowledge Foundation
http://www.okfn.org · http://opendefinition.org/
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