The main features of this IRIS Special: - The legal framework for digitisation of broadcasters' archives- Rights clearance and dealing with orphan works- The online exploitation of public service broadcasters' archives, including relevant competition law aspects- Cross-border exploitationThe archives of many television broadcasters now contain materiel which includes more than half a century of contemporary, documentary and entertainment history and are of immense cultural and economic value. Digitisation has created an entirely new technical basis for making these assets available to a wide audience, and there are a whole range of projects aimed at opening up audiovisual archives (including those of broadcasters). Examples that might be mentioned are the BBC Creative Archive, the Dutch Filmotech initiative or the French Inamédiapro database. However, many projects to open up broadcasters' archives and exploit them online generally run up against serious problems when it comes to clearing the rights for these archived works. These problems arise, firstly, due to a contractual practice that developed in the pre-digital era and to aspects of copyright law that do not really meet the needs of the digital age. Secondly, the very large number of works stored in archives constitutes a challenge that is not easily overcome.The aim of this IRIS Special publication is to discuss the subject of "Digitisation and online exploitation of broadcasters' archives" from a number of different perspectives. The team of authors involved is accordingly made up of representatives of many different interests: copyright holders and those who look after their interests, television broadcasters, lawyers and copyright experts. This IRIS Special thus not only provides you with legal guidance but is at the same time a field report written by specialists who are facing the challenge of opening up broadcasters' archives to a wide audience. By working out existing problems that have hitherto not been satisfactorily resolved, both policy-makers and legislators are shown where immediate action is needed.
Editorial
Broadcasters' Archives - National, International and Regional Copyright Aspects
I. Broadcasters' archives
II. Applicable law
III. Transmissions in broadcasting and by making available on demand
IV. Territorial division of rights
V. Identification of rightsholders
VI. Diversity of applicable exceptions
VII. Term of protection
VIII. Collecting society administration
IX. Obtaining global licences
X. Conclusion: the global imperative in exercise and licensing of Internet rights
The ORF Television Archive's Rights - Data Collection System
I. The ORF television archive
II. The computer programmes/databases
III. ORF - Staff/Organisational responsibilities
IV. Summary
State Socialist Heritage - Audiovisual Archives in Hungary
Rights Management - An Example of Practical Experience
I. Introduction
II. Broadcasting environment
III. Rights clearance
IV. Digital rights management
V. Identifying rights
VI. Conclusion
Digitisation and Online Exploitation of Broadcasters' Archives
Practical Experience of Rights Licensing
I. Introduction
II. The BBC Archive
III. BBC Strategy Review
IV. BBC iPlayer
V. BBC Archive Trial
VI. Current rights administration
VII. Archive clearance solutions
VIII. Conclusion
Collective Management of Music Rights in the Case of the Online Exploitation of TV Archives
The Exploitation of the Audiovisual Cultural Heritage in Broadcasters' Archives
A Competition Law and Policy Perspective
I. Introduction
II. Markets, competition policy and exploitation of PSB archives online
III. Competition law and access to PSB archives
IV. State aid law considerations
V. Concluding remarks
Audiovisual Archives across Borders - Dealing with Territorially Restricted Copyrights
I. Introduction
II. The territorial nature of copyright
III. Judicial and legislative responses
IV. Possible solutions
The Desirability of Cross-border Exploitation from a Political and Economic Point of View - Working towards an Internal Market
I. Citizens' expectations
II. "An ever closer union among the people of Europe"
III. An internal market
IV. The Audiovisual Media Services Directive.
V. The SatCab Directive
VI. The Communication on Public Service Broadcasting
VII. The Monti Report
VIII. Convergence come true
IX. EU 2020 and the Digital Agenda
X. Conclusion
The Desirability of Cross-border Online Exploitation of Broadcasters' Archives from a Political and Economic Point of View - A Rightsholders' Perspective
I. Scope of the discussion
II. Desirability of cross-border online exploitation of broadcasters' archives from the audiovisual authors' perspective
III. How to facilitate the online cross-border exploitation of broadcasters' archives?
IV. Conclusion
Expert Workshop on "Digitisation and Online Exploitation of Broadcasters' Archives" - Summary of the Discussion
I. Introduction
II. Defining the scope of the subject and establishing the legal framework
III. Competition aspects of the digitisation of broadcasters' archives
IV. Rights clearance
V. Collecting societies
VI. Cross-border exploitation
VII. Conclusion
