This document discusses the barriers to digitizing and disseminating newspaper content. It identifies that newspaper articles contain text, photos, drawings and charts created by various contributors over many years. The key challenges are determining what content is still protected by copyright and who owns the rights, as contracts from over 25 years ago may not include digital rights. Potential solutions discussed include orphan works directives, agreements with publishers, and extended collective licensing, but it is unclear if any would fully cover all necessary rights.
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EurnewsLDN_Lucie_Guibault
1. Institute for Information Law
Overcoming barriers to the digitizing and
disseminating of newspapers
Dr. Lucie Guibault, Europeana Newspapers Project
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
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4. 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
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
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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
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8. 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
9. Thank you for your attention!
For further information:
L.Guibault@uva.nl
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