PROGRESS FOR AV MOU – Cross-Border Access

Jerker Rydén

Senior Legal Advisor at the National Library of Sweden

Beneficiaries of an MOU

Publicly accessible cultural institutions as contained within Art 5.2 (c) of the European Union Directive 2001/29/EC

Archives

Libraries

Museums

Others

Subject Matter of an MOU

Digitise and make available Out-of-distribution AV-Works works that are:Still protected by copyrightNo longer available in customary channels of

distribution.Such “digital libraries etc” has to respect;

the moral rights of the creators,as well as the intellectual property rights of producers,

creators and their assignees.

Furthermore right holders shall have the first option to digitise and make available an out-of-distribution work.

Subject Matter of an MOU

The problem from a copyright perspective when a library wishes to mass digitise with the intent to make such content available on the Internet is what has been referred to as the so called Outsiders,

i.e. non members of CMO: s

as well as Orphan Works.

Data collected / CRM Directive

The transformation of the CRM Directive

What if any implications will it have on ECL / AV Works

Over-Head Costs - to the extent it exceeds the fee it is to high

Cross-Border Access

Country of Origin?

Country of Targeting?

Existing MoU Country of First Published –Transformed into an MOU on AV-Works -Country of First Broadcasted / Produced?

Cross-Border Access

• ”Business Model” – who is going to pay and for what?

• IT infrastructure / Secure access – authorized under the ECL agreement

• At the End of the Day – Better off with a MoUon how to mass digitise AV-Works than Nothing a – cf. the Existing MoU / Political impact such as France / Germany etc