Extended collective Licensing

1
Extended collective Licensing

• Harald Von Hielmcrone
• Birte Christensen-Dalsgaard
• State and University Library, Aarhus, Denmark

2
A problem illustratedLarge scale digitalisation
of commercials

• Project 1997-99
• Had to identify and negotiate with all right
  owners
• Project 2003
• Agreement with COPY-DAN AVU kopier (not
  collective license)
• State and University Library pay to give access
• Users pay to get access

3
Extended collective licensing

• Extended collective licensing means that license
  agreement is by law extended to have effect also
  on right owners who are not member of the
  contracting organisation.

4
Some basic features

• Assumes there is an organisation representative
  in the field concerned
• The contract applies also to right-owners who are
  not members of contracting organisation
• Outside right-owners usually have a right to
  individual remuneration and in many cases also a
  right to prohibit the use of their works under
  the terms prescribed

5
Applicability
Extended collective licensing may now be applied
to

• Retransmission or rebroadcast of broadcasting
  programmes
• Reproduction of printed material and recording of
  radio and TV programmes for educational purposes
• Reproduction for internal information purpose in
  enterprises and organisations
• Library distribution of digitised material

6
Danish Digital Library Project

• Working group under the Ministry of Culture
• Digitizing project should not be limited to
  public domain material
• Proposed a general license - rights owners
  organisations may conclude extended collective
  license agreements in areas where they find it
  useful

7
References

• The Extended Collective License as Applied in the
  Nordic Countries, Henry Olsson, The Ministry for
  Justice, Stockholm, KOPINOR 25th ANNIVERSARY
  INTERNATIONAL SYMPOSIUM, Grand Hotel, Oslo,
  Friday, May 20, 2005. http//www.kopinor.org/oppha
  vsrett/artikler_og_foredrag/kopinor_25_ar/kopinor_
  25th_anniversary_international_symposium/the_exten
  ded_collective_license_as_applied_in_the_nordic_co
  untries
• Report from working group under the Danish
  Ministry of Culture (in Danish)