KEA has conducted a study on behalf of the British Film Institute (BFI) on audiovisual orphan works in Europe. This study provides a general overview on how the different EU Member States deal with the problem of orphan works. The research revealed that the majority of the European countries (EU27 and Norway) do not have mechanisms in place that allow the use of orphan works and in particular of audiovisual orphan works. Only the Czech Republic, France, Hungary, the Netherlands and the Scandinavian countries have implemented solutions to deal, at least partly, with orphan works.
Extended collective licensing schemes are in place in the Czech Republic, Hungary and the Scandinavian countries (Denmark, Finland, Norway and Sweden). However, in most of these countries the scope of the licences is restricted to certain uses and in the case of the Czech Republic it excludes audiovisual works. Denmark is the only country that has adapted its extended collective licensing scheme to be applied in a general way to any type of use and thus to any type of orphan work.
In France contractual agreements concluded by the National Audiovisual Institute with collecting societies of authors, performers and journalists, on the one hand, and with trade unions representing performers and audiovisual directors, on the other hand, allow for the use of audiovisual orphan works.
In 2008 Hungary introduced a new system allowing for a broad use of orphan works. After a proved due diligence search for rights holders users can deposit a licence fee at the Hungarian patent office permitting them to use orphan works. If the rights holder reappears, it is his/her right to grant a licence on the work. The Hungarian system is the only one that is specifically addressed to orphan works.
Similarly, in the Netherlands, the EYE Film Institute has concluded a voluntary agreement on extended collective licensing for digital exploitation of audiovisual works with the relevant collecting societies, which allows the use of orphan works in EYE’s own VOD platform.
While in all the other European countries no legislative or contractual provisions have been put in place to permit the use of orphan works, some countries are in the process of discussing measures in the field. These include the Czech Republic, Germany, Greece, Norway, Romania, Slovakia and Sweden.
However, the recent implementation of these national mechanisms and the lack of reliable data on the extent of the orphan works problem in the audiovisual sector do not allow to conclude which of the existing solutions better fits the specificities of the sector. In the meantime, many thousands of audiovisual works contained in the holdings of cultural heritage institutions are not available to the general public.
Download the report here : http://www.keanet.eu/en/pastass.html#4
Europe poker sites that are licensed inside the EU are able to offer their citizens tax-free poker winnings; this is a great tax law that benefits players and implements the policy of open borders. But the law regarding gambling providers is taking another turn; with separate licenses in every EU country and even look-in in some countries (France). Is this legal according to EU law?
Posted by: Euro poker site | 22 February 2012 at 14:08