Filmotech Netherlands: a voluntary ECL model in the AV sector
1 like534 views
1) The document discusses a digitization project at the EYE Film Institute Netherlands to make their film collection available online and in their archives. 2) It describes their process for clearing copyrights, including determining public domain works, orphan works, and obtaining licenses. Over 3033 films have been cleared so far. 3) A VoD platform called Filmotech is discussed, which uses a voluntary extended collective licensing model to make films available for streaming. It has agreements with various collecting societies. 4) Challenges are noted with negotiating individually and with collecting societies not representing all rightsholders. Mandatory exceptions for certain uses are recommended.
Filmotech Netherlands: a voluntary ECL model in the AV sector
- 1. Fi a lm au vo ote di lun ch Lu ov ta N xe is ry e m ua E th bo l s CL erl ur g, ec m an 31 to o ds M r de : ar li ch 20 n 11 th e
- 2. Introduction G辿raldine Vooren Legal Counsel (Images for the Future) Leontien Bout General Legal Counsel EYE Film Institute Netherlands Representing: Association des Cin辿math竪ques Europ辿ennes (ACE)
- 3. Introduction Digitization project Images for the Future Clearing practice at EYE Film Institute Netherlands VoD Platform Filmotech: voluntary ECL model Negotiating with collecting societies Recommendations for legislation
- 4. Digitization project Images for the Future Dutch archives received 119 million EURO from the Dutch Government Goal: maximum availability of the audiovisual material to the general public Conservation, Digitization, Contextualization and Access of 22.510 hours of film, 2.9 million photographs
- 5. Digitization project Images for the Future Clearing Team (since February 2008): Legal Counsel Historian Volunteer
- 6. Digitization project Images for the Future Clearing Results (since February 2008) Total of films cleared: 3033 titles - Public Domain 546 titles - Orphan Works 1459 titles - Contracting Party EYE 418 titles - License Agreements 610 titles
- 7. Film Clearing at EYE Research & data storage: Legal Assessment Diligent Search Guidelines for Orphan Works Development of a Data Management System Getting Permission: Negotiations with Rights Management Societies (Film / Film-related material / Photographs) The Battle for Signatures
- 8. VoD Platform Filmotech Public-private partnership: - Film & TV Archives - Producers Association - Unions, Guilds - Film Fund - Film Festival - Ministry of Culture - Collecting Societies Streaming Video-on-demand platform Entire Dutch Film Collection Launch: April 7th, 2011
- 9. VoD Platform Filmotech Repartition: 10 % of each paid view to collecting societies Contract with producer (contains indemnification) remaining 90%: - 65 % to licensor - 35 % running costs platform Filmotech Contract with heirs (contains no indemnification) remaining 90% - 50 % licensor - 15 % reservation for third-party claims - 35 % running costs platform
- 10. VoD platform Filmotech Voluntary ECL Model: Search for rights holders by EYE Individual license agreements with producers Collective license agreement regarding other rightsholders with Rights Management Societies EYE provides contact information regarding rightsholders to Rights Management Societies for repartition
- 11. VoD Platform Filmotech Voluntary ECL model: Contracting parties Filmotech B.V. / Rights Management Societies: Performing Artists (NORMA) Writers (LIRA) Directors (VEVAM) Producers (SEKAM ) Music Composers (BUMA / STEMRA)
- 12. VoD Platform Filmotech ECL Filmotech / Rights Management Societies Contract information: Permission for those represented by RMS Indemnification for those not represented by RMS Indemnification also applies to orphan works Opt-out possibility for non- represented rightsholders Duration: three years plus automatic renewal
- 13. Negotiating with Rights Management Societies (Filmotech) Voluntary ECL Model, pitfalls: No one-stop shop for all rightsholders Negotiations time-consuming (three years) Not all filmmakers are represented by Rights Management Societies Applicable only to royalty-based license agreement
- 14. Negotiating with Rights Management Organizations (Photographs) Pictoright representing visual artists Our goal: one lump sum for entire collection unlimited in time Their offer: - clearing only non-studio material - two year limitation - costs: 15.000 Euro per year
- 15. Recommendations: Implementation of European legislation allowing for: Mandatory exceptions for publicly funded institutions: - Digitization and online use of Orphan works (educational / research purposes) - Digitization for preservation purposes and online access on the premises for copyrighted material ECL model for all use by cultural institutions not covered by these mandatory exceptions - Non-commercial use: no fee - Commercial use: limited fee