h04 kerstin herlt_forward_project
TRANSCRIPT
Framework for a EU wide Audiovisual Orphan Works Registry
EVA / MINERVA Conference, Jerusalem, 8-9 NOV 2015 Kerstin Herlt, Association of European Film Archives
Co-funded by the Community
programme ICT-PSP
• A TOOL TO ASSESS THE RIGHTS OF AV WORKS (READY IN 2016)
• A REGISTRY FOR ORPHAN FILMS
• A PILOT PROJECT initiated by ACE and funded by the EU
• CARRIED OUT BY 13 partners, with a focus on FILM HERITAGE
WHAT IS FORWARD?
WHAT IS THE PROBLEM?
ACE SURVEY on ORPHAN FILMS 2010
ACE SURVEY on ORPHAN FILMS 2010
Production period (orphan works)
WHAT‘S THE PROBLEM?
• Hundreds of thousands of films with unknown rights status
• A large part are considered ORPHAN
• Lack of reliable information to clear rights
• Lack of resources to identify rights holders
Rights Situation in Europe’s FHI
if you do not know whom to ask for permission, a user cannot make use of the work, without infringing copyright. invest
considerable resources to locate the rights owner
WHAT‘S THE PROBLEM WITH OW?
Copyright Infringement
High Costs
FORWARD AIMS TO PROVIDE CLEAR COPYRIGHT STATUS
? ORPHAN
What makes it complicated?
• FORWARD system builds on different copyright legislations (10 Film Heritage Institutions = 10 copyright laws)
• EU Orphan Works Directive Dilligent Search Guidelines
LEGAL DECISION TREE – Establish Copyright Status for a Film made in NL
Key points of the EU Orphan Works Directive
FHI has
Work
wish to reuse
allowed uses?
What ?
• public mission inst.
• hold the work • can make use of
the OW
• Diligent Search • Producer’s country • Data source
• Preservation • Making
Available ( • Non-
commercial • Cinematographic
audiovisual works
across the EU EU • Diligent Search • Producer’s country • Data sources
Sources for a Diligent Search (AV)
• Diligent Search • Producer’s country • Data source
… transposed into national Orphan Works Legislation
FORWARD WORKFLOW DILIGENT SEARCH
Specifics of the AV sector
many authors: at least four, so the diligent search
must be repeated n-
times.
lack of national
registry, many sources in
each country,
Feeding missing data
in some cases entered
manually
The DS must be tailored on
national legislations
FORWARD architecture
Summary of FORWARD goals
FO
RWARD
GOALS
Rights status
assessment
tool
Support
Diligent
Searches
Reduce
costs to clear
rigths
More films
with clear
rights
indication
Help FHI to
implement
OWD Build a
registry of AV
Orphan Works
FORWARD (via ACE)
• Monitors the implementation the Orphan Works Directive (OWD) in the Member States
• Coordinates with OHIM (EU Orphan Works Database)
WHAT ELSE ?
WHAT ELSE ?
Statistics OHIM Database
Countries with orphan works registered in database Total = 11
Orphan Work database records = Total 1352 Orphan AV Works = 733
Countries with no orphan works registered in database Total = 20
September 2015
Source: Office for the Harmonisation in the Internal Market
EXPECTED FORWARD BENEFITS
Time saving
Flexible, adaptable to different legal frameworks
Facilitate rights information management
Copyright status identification
Registry of AV Orphan Works
[email protected] www.project-forward.eu
Contact:
www.project-forward.eu