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Lucie Guibault, Cultural Heritage Online? Settle It in the Country of Origin of the Work, 6 (2015) JIPITEC 173 para 1.
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%0 Journal Article %T Cultural Heritage Online? Settle It in the Country of Origin of the Work %A Guibault, Lucie %J JIPITEC %D 2015 %V 6 %N 3 %@ 2190-3387 %F guibault2015 %X This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works. %L 340 %K copyright %K cross-border access %K cultural heritage %K extended collective licensing %U http://nbn-resolving.de/urn:nbn:de:0009-29-43146 %P 173-191Download
Bibtex
@Article{guibault2015,
author = "Guibault, Lucie",
title = "Cultural Heritage Online? Settle It in the Country of Origin of the Work",
journal = "JIPITEC",
year = "2015",
volume = "6",
number = "3",
pages = "173--191",
keywords = "copyright; cross-border access; cultural heritage; extended collective licensing",
abstract = "This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (``CMO''), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the ``country of origin'' principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-43146"
}
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TY - JOUR AU - Guibault, Lucie PY - 2015 DA - 2015// TI - Cultural Heritage Online? Settle It in the Country of Origin of the Work JO - JIPITEC SP - 173 EP - 191 VL - 6 IS - 3 KW - copyright KW - cross-border access KW - cultural heritage KW - extended collective licensing AB - This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-43146 ID - guibault2015 ER -Download
Wordbib
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ISI
PT Journal AU Guibault, L TI Cultural Heritage Online? Settle It in the Country of Origin of the Work SO JIPITEC PY 2015 BP 173 EP 191 VL 6 IS 3 DE copyright; cross-border access; cultural heritage; extended collective licensing AB This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works. ERDownload
Mods
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 6 (2015) 3 |
|---|---|
| Title |
Cultural Heritage Online? Settle It in the Country of Origin of the Work (eng) |
| Author | Lucie Guibault |
| Language | eng |
| Abstract | This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works. |
| Subject | copyright, cross-border access, cultural heritage, extended collective licensing |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-43146 |
