The copyright and orphan works: Legal claims vs. "Mass digitization"

The copyright and orphan works: Legal claims vs. "Mass digitization"

Experts delivered at a hearing in the Bundestag a slugfest with thrusts of the opposition, urging a more or less extensive release speak ownerless books and other media types for the development of digital archives. The free use of these other "orphan works" whose owners can no longer make out "is in the public interest," said Constance, the information scientist Rainer Kuhlen. The legislator should therefore "not to jump too short".

Kuhlen joined for the widest possible exploitation of orphan works for the development of digital archives such as libraries or museums. It must relate to the whole range of media objects, not just about books. Should be favored by a corresponding control according to the representative of the Coalition for Action "Copyright for Education and Science", search engines and other intermediaries platforms on the Internet, a commercial use should therefore be allowed. Kuhlen argued in this way for sweeping legal restrictions on the intellectual property associated with the exclusive exploitation rights. To achieve the goal of a "mass digitization", the requirements would have to search for the remaining authors may be narrowly tailored. A fee was required for uses not hold the researchers to make sense, given the deletion of publicly accessible copies made in case of conflict, but for an author.

The opposing view advocated by Roland Reuss, the initiator of the "Heidelberg Appeal" against open access to the free publication and federally funded research results on the Internet: Who is supporting a similar provision, represents the view of the Germanists "question of copyright in general." This build on personal privacy that would not be maintained with the initiatives. Should there be a blanket grant of rights, anyway. For developing the cultural heritage it was not necessary, that "fire up digital reproduction apparatus," a library.

Till Kreutzer for the portal iRights.info outweighs the issue of exploitation of orphan works, the "public interest in preservation and accessibility of cultural heritage". Economic needs, in principle, always played a role because the recovery is no longer taking place. Safeguarding the privacy rights of authors of an opposition and recall law. Kuhlen as the lawyer spoke of a "barrier determination" as practicable, as this would not be closed in advance for licensing agreements with collecting societies. Commercial use is free to admit to "distribute task of digitization on more shoulders," the. In exchange, but an allowance should be made mandatory.

"For the preservation of cultural we need to go such courageous steps," also appealed Elisabeth Niggemann, Director General of the German National Library, to Members. A provision for orphan works "would bring our treasures on the shelves." Of the approximately 25 million items held by the institution, although almost all are still protected by copyright, found in a large part of the copyright to but no more. The demand by large users is: What will not be offered digitally disappear from the consciousness of many.

Representatives of collecting societies and VG Bild-Kunst word denoted a relevant provision as a way to decide among other things, a large amount of photographic material. In their view, print works would be created by special regulations. To a reasonable remuneration should not be shaken. The collecting societies in general could play an important role as a fiduciary and occupy, for example to ensure that a thorough search conducted by rights holders, duty paid and inconsistencies were observed.

For an exchange line is also Christian Sprang from the German Publishers and Booksellers Association [8] was strong. With Google Books, the vision of an endless digital library was created. The project but also the downside of such a project, identified because it "contained too vast quantities even more books available." The Booksellers Association was therefore under the umbrella of the literature conference a proposal] together with collecting societies, authors' associations and libraries developed in which a payment obligation and only one of the common good-oriented use would provide.

Sprang said further attention from the country of origin principle: a rule could be taken only in the country in which the works were created. Only in this way a sufficiently deep search for perpetrators should be held. To ensure unrestricted access to the digitized works on the net, long-term international legal regime was needed. To grab one that could be provided to users a "criminal offense exclusion".

The Berlin law professor Catherine de la Durantaye warned of a rule which relates only to public institutions. Collaborations with private third party would be "under the public order" permitted to shoulder the digitization tasks. To safeguard the privacy rights of the copyright is to grant an injunctive relief. For exclusion of film archives, the Munich lawyer John made Kreile strong, otherwise could affect the development of the supposedly orphaned works "video on demand" market. Compensation payments are not made flowed to locate rights holders could, according to him will be used for cultural and social institutions of societies.