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Institute for Information Law 
Overcoming barriers to the digitizing and 
disseminating of newspapers 
Dr. Lucie Guibault, Europeana Newspapers Project
The barriers 
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What are we talking about? 
蔵 Newspapers contain: 
贈 Articles, photographs, drawings, charts... 
蔵 Newspapers are created by: 
贈 Journalists (employed/free-lance), 
illustrators, photographers, editors 
蔵 Multiply this by 50 articles per day, 312 
days/year, 80 years... Or more 
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Identifying THE problem ...1/ 
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蔵 What is still protected? 
贈 Duration: life of author + 70 years after death 
蔵 Who owns the rights? 
贈 Journalist (free-lance or employee) 
贈 Illustrator (free-lance or employee) 
贈 Publisher
Identifying THE problem? ... 2/ 
蔵 What about digital rights? 
贈 In many countries contracts between 
publishers and journalists older than 1993 
will usually not include digital rights 
贈 This means that the initial author would still 
own the rights to digitize and make available 
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The solutions 
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Solutions... 
蔵 Orphan Works Directive  
贈 Not likely to be the case w/r newspapers 
贈 Diligent search is very burdensome 
蔵 Conclude agreements with publishers 
贈 Not likely to cover all rights needed 
蔵 Extended collective licensing 
贈 May  or may not cover all rights needed 
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Extended Collective Licensing 
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Provision in the Act applying 
agreement to non-member 
of CMO 
Freely negotiated 
Agreement between 
CMO and user 
Conditions: 
 CMO must be 
Representative 
 Opt-out for non-members 
Like art. 116B of CDPA
Thank you for your attention! 
For further information: 
L.Guibault@uva.nl 
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More Related Content

EurnewsLDN_Lucie_Guibault

  • 1. Institute for Information Law Overcoming barriers to the digitizing and disseminating of newspapers Dr. Lucie Guibault, Europeana Newspapers Project
  • 2. The barriers Type the footer here 2
  • 3. What are we talking about? 蔵 Newspapers contain: 贈 Articles, photographs, drawings, charts... 蔵 Newspapers are created by: 贈 Journalists (employed/free-lance), illustrators, photographers, editors 蔵 Multiply this by 50 articles per day, 312 days/year, 80 years... Or more Type the footer here 3
  • 4. Identifying THE problem ...1/ Type the footer here 4 蔵 What is still protected? 贈 Duration: life of author + 70 years after death 蔵 Who owns the rights? 贈 Journalist (free-lance or employee) 贈 Illustrator (free-lance or employee) 贈 Publisher
  • 5. Identifying THE problem? ... 2/ 蔵 What about digital rights? 贈 In many countries contracts between publishers and journalists older than 1993 will usually not include digital rights 贈 This means that the initial author would still own the rights to digitize and make available Type the footer here 5
  • 6. The solutions Type the footer here 6
  • 7. Solutions... 蔵 Orphan Works Directive 贈 Not likely to be the case w/r newspapers 贈 Diligent search is very burdensome 蔵 Conclude agreements with publishers 贈 Not likely to cover all rights needed 蔵 Extended collective licensing 贈 May or may not cover all rights needed Type the footer here 7
  • 8. Extended Collective Licensing Type the footer here 8 Provision in the Act applying agreement to non-member of CMO Freely negotiated Agreement between CMO and user Conditions: CMO must be Representative Opt-out for non-members Like art. 116B of CDPA
  • 9. Thank you for your attention! For further information: L.Guibault@uva.nl Type the footer here 9