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Volume 12 – Number 6 - December 2009<= /o:p>

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= 2009 Review by Olav Stokkmo, IFRRO CEO

RESPECT!
Respect for Copyright underpins the Knowledge Economy and respect for the role of CMOs is growing= (Read more)

Google Settlement

Google Book Settlement: Ame= nded Settlement - Next steps
The Final Supplemental notice in English is available from 14 December. (Read more)

IFRRO Member News

New Spanish web portal simplifies licensing
CEDRO’s conlicencia.com web portal gives licensing information for 30 countries (Read more<= /a>)

New Executive Director for = South African Publisher Body
The Publishers’ Association of South Africa (PASA), announces new Executive Director. (Read more)=

EU affairs

EU launches 2020 strategy for smarter, greener social market
EU challenges rightholders, use= rs and commercial users to reflect on creative content online. (Read more)

I= FRRO responds to European Commission consultation on Europe= ana next steps
IFRRO points to flexibility of existing solutions and ARROW project in Europeana debate (Read more)

EU stakeholder platform on access by persons with print disabilities to copyri= ght work
European Commission launches platform to complement WIPO VIP stakeholder platform (Read= more)

Development

ARIPO with enhanced focus on Copyright
ARIPO Council of Ministe= rs adopts new copyright programme (Read more)=

ARIPO diplomatic conference= on Traditional Knowledge(TK) and Expressions of Fol= klore (TCE)
ARIPO conference in Nami= bia will prepare TK and TCE protocol for WIPO. (Read more= )

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Legislation

Australia recognizes artists’ resale royalty right
New Australian law on artists’ resale right will come into effect in mid-2010 (Read more)

WIPO

EC ratifies WIPO Copyright Treaties
European Commission welcomes= ratification of the WIPO Treaties and renews commitment to creators (Read more)

WIPO/SCCR discusses exceptions and limitations for= education and people with print disabilities
US intervention= at SCCR brings print disabilities exceptions instrument closer (Read more)

EVENTS

19-20 January 2010: Academic Publishing in Europe: "Researchers, Librarians & Publishers”, Berlin/Germany<= /o:p>

28 February – 1 March 2010:<= span lang=3DEN-US style=3D'font-size:10.0pt;line-height:115%;mso-ansi-language:E= N-US; mso-bidi-font-weight:bold'> I= PA Copyright Symposium, Abu Dhabi

15 April 2010: 5th European Creators' Conference "Authors' Rights in the Digit= al Worlds", Brussels/Belgium

Links to other News:

Publisher Accessibility Newsletter =

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RESPECT!<= /b>

2009 Review by Olav Stokkmo,= IFRRO CEO

The protection of copyright and the work = of collective management organisations have an imp= ortant role in enabling the knowledge economy.&nb= sp; This might seem self-evident but it has not always been fully unders= tood outside the rightholder community. However during 2009 there has been a growing recognition among all stakeholders that copyright protection stimulates creativity and innovation= and that collective management and the RROs also play an important role in assisting authors and publishers in providing users with easy legal access = to copyright works.

Recent communications from t= he European Union bodies – both the Commission and Parliament – sh= ow a development in positions. Cop= yright is no longer merely seen as a technical obstruction to the knowledge economy but as an important asset to be built upon with the willing cooperation of = the rightholders. IFRRO is a prom= inent contributor in a number of stakeholder platforms, including the WIPO and EC platforms on access to copyright works by persons with print disabilities (VIP), orphan works hearings and ARROW, which aims at facilitating the realization of the European digital libraries initiative. In regions outside Europe, too, copyright is gaining recognition. The African Regional Intellectual Property Organization (ARIPO) and = the Organisation Africaine de= la Propriété Intellec= tuelle (OAPI), which originally only addressed industrial property issues, are now= focusing on copyright in ambitious plans. The joint programmes of WIPO and IFRRO w= ith ARIPO and OAPI, have significantly raised the pr= ofile of copyright including reprography in Africa and the role that the creative sector has in underpinning development and wealth creation.

The desire of RROs to come up with licens= ing products which assist creators and publishers in meeting the needs and challenges of the internet-based knowledge economy is evidenced by IFRRO’s surveys of digital mandates and digital licenses which were undertaken during 2009. Most = RROs that responded to the survey reported mandates covering the printing of hard copies from various digital sources – scanned, born-digital and downl= oads from Internet or similar sources – of fragments of works for internal uses including in education and public and private administration. Other uses such as posting to pass= word protected internal networks and use in Virtual Learning Environments (VLE) = were also mandated, the latter especially for the licensing of education. Licens= es to cover these mandates are being progressively developed as are business models in tune with the digital age. The fact is that copyright enforcement to support individual and dir= ect licensing, complemented by collective licensing, is crucial to enable the business models that give users access to the works that they need with a w= ide range of granularity.

IFRRO’s reputation as a successful information broker has also been further confirmed this year. Although not having a position its= elf on the Google Settlement, IFRRO has undertaken to help its members and also, w= hen appropriate, beyond its membership, to make informed decisions on how to react. The IFRRO website has = hosted a page giving updates on the progress of the Settlement and informing its members of the various deadlines for notifications. This service has been greatly appreciated and has raised the profile of IFRRO even in countries in which = it does not have a member – such as China. Undoubtedly our current membership of 119 members – RROs, publishers’ and authors’/visual creators’ associations – in 59 countries = makes IFRRO the broadest existing network of rightholder associations and collect= ive management organisations in the text and image = based sector. And that makes us a v= oice worth hearing.

IFRRO and its members welcome the challen= ges of the digital age and indeed could not survive without embracing them. We look forward to continuing to t= ackle them with our partners during 2010 and meanwhile wish you all a happy holid= ay and renewed energy for the year ahead.

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Amended Google= Book Settlement: Next steps

O= n November 19, 2009, the US Court granted preliminary approval of the Amended Google B= ook Settlement. The Court also approved a Supplemental Notice to authors, publishers and other book rightholders. The Supplemental Notice is not desi= gned to replace the original Notice, but rather to supplement that Notice. It summarises the changes from the original Google Book Settlement Agreement a= nd identifies the book rightholders' rights under the Amended Settlement. The Supplemental Notice is available in a number of languages including Engl= ish. Also, the Court will hold a Fairness Hearing on February 18, 2010, to consi= der whether the Amended Settlement is fair, adequate and reasonable. Further information is available on www.googlebooksettlement.com= .

I= n late June 2009, AIDRO, CEDRO and VG Wort initiated the coordination of some activities regarding the Google Settlement and the notice programme. A questionnaire was prepared by the Secretariat and sent to all RROs, Associa= te Members administering reprographic reproduction and Music RROs in early Jul= y to examine whether there is a basis for some coordination and/or exchange of information between the RROs involved in the notice programme. Against this background, the IFRRO Secretariat is facilitating meetings to examine the Settlement and to discuss whether to coordinate further activities. (Bac= k to section)

New Executive Director for = SA Publisher Body

The Publishers’ Associ= ation of South Africa (PASA), a voluntary association of 178 members that represents most book publishing interests across the country, has appointed Brian Wafawarowa as its new Executive Director with effect = from January 2010. He will replace Dudley Schroeder who retires at the end of Decem= ber, 2009. Brian is currently Managing Director of New Africa Books (NAB). He se= rved as the elected Chairman of PASA between 1999 and 2002 and in the same posit= ion of the collective of publishers from across 46 African countries, known as = the African Publishers’ Network (APNET), between 2005 and 2008. He is also presently on the executive board of the International Publisher’s Association (IPA), which will hold its four-yearly Congress in South Africa= , a first for Africa, in 2012.   (Bac= k to section)

New Spanish web portal simp= lifies licensing

C= EDRO has launched conlicencia.com – a web portal that helps businesses, school= s, public agencies and other organizations obtain the necessary license for the legal copying of fragments of books, magazines, journals, and musical scores published in Spain and 30 other countries in which there are RROs that have signed bilateral agreements with CEDRO.&nb= sp; The new service aims to streamline the licensing procedure for the u= sers and the revenue from these licenses is distributed to authors and publisher= s. Using conlicencia.com, users can quickly and easily find out which works are in t= he CEDRO repertoire, what licenses are available and at what tariffs. The website also gives access to CEDRO’s author location service. (Back to se= ction)

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EU launches 2020 strategy for smarter, greener social market

EU President Barroso launched, on 24 November 2009, a consultation on "EU 2020: a new strategy to make the EU a smarter, greener social mar= ket". The European Commission will present a for= mal proposal for the EU 2020 strategy early next year, with a view to the EU's Heads of State and governments adopting it at their spring 2010 meeting. In= the meantime, the Commission has invited views on some suggested broad policy considerations for the future EU2020 strategy, which are contained in the <= /span>consultation document= . Contributions can be sent by 15 January 2010. IFRRO is currently examining whether a submission would be appropriate. (Back to section)

IFRRO responds to European Commission debate on Europeana

A= s part of its i2010 Digital Library initiative the European Commission has adopted the Communication “Europeana – next steps
”, launching a debate on the further development of Europ= eana. IFRRO has submitted a response, supporting the importance of giving European culture a lasting visibility on the internet and insisting that access to copyrighted materials should be made legally. It reiterates the view that that solutions should be built on existing legislation, which is sufficiently flexible to uphold the interests of rightholders and users. Attention is drawn to the ARROW project (partnered by IFRRO), w= hich is designing the system for identifying rights, rightholders and rights sta= tus in a work and for dealing with orphan works.
(Back to section)
EU stakeholder platform on access by persons w= ith print disabilities to copyright work

T= he EU stakeholder platform for reading disabled persons has been launched in Nove= mber 2009. All participants agreed that the aim of the dialogue should be to identify areas where tangible progress would be possible, at EU level, to ensure the wider availability of books in accessible format. Cross-bo= rder exchange of products especially conceived for people with a disability emer= ged as a topic where an EU level dialogue could produce added value. Looking al= ong the value chain, the participants agreed that a range of technologies were increasingly available for the production of works in accessible format ab initio. The members of the dialogue = are aiming at seeking agreement on a Memorandum of Understanding on these matte= rs by June 2010.

T= his initiative adds to the already established WIPO Stakeholder Forum and IFRRO foresees that the EC action supports and shall not replace the WIPO Forum, which has been developing the WIPO Tr= usted Intermediaries Guidelines. (Back to section)

ARIPO with enh= anced focus on copyright

The African Regional Intelle= ctual Property Organization (ARIPO), originally created to pool resources in rela= tion to industrial property issues has widened its remit to include copyright. <= span style=3D'mso-spacerun:yes'> At its 12th Council of Minister ses= sion in Gaborone 26th-27th November 2009, ARIPO adopted an ambitious program to increase its activities in relation to copyright issues: It will among other things (i) collaborate with WIPO to conduct stu= dies on the contribution of intellectual property protection to the economy and = to assess the economic, social and cultural impact of the use of intellectual property system in the Member States; (ii) develop a policy document to ass= ist member States in the implementation of the WIPO Development Agenda; (iii) provide guidelines for national legislative reforms on IP and serve as a platform for the implementation of IP strategies in the Member States’ development plans; (iv) establish an ARIPO Regional Academy; and (v) compile best practices in the field of IP. &n= bsp;

In 2006 IFRRO signed a coope= ration agreement with ARIPO covering all major aspects of copyright issues and sin= ce 2007 ARIPO, IFRRO and WIPO have jointly run a copyright education program f= or Intellectual Property Officers and RRO personnel in ARIPO Member States. In= his intervention to the Ministers from the 16 ARIPO Member States, IFRRO’s Chief Execu= tive welcomed ARIPO’s enhanced focus on copyright issues and assured of IFRRO’s continued cooperation in implementing the work plan. In addit= ion to the copyright education program the cooperation may also be extended to collaborate in awareness raising activities in the ARIPO Member States. (Back to s= ection)

ARIPO to organize diplomatic conference on Traditional Knowledge

The Council of Ministers of = ARIPO – The African Regional Intellectual Property Organization – agr= eed at its meeting on 26th-27th November 2009 to convene a diplomatic conferenc= e in Namibia in 2010 to adopt a protocol on the Protection of Traditional Knowle= dge (TK) and Expressions of Folklore (TCE). Once adopted, the Protocol will be submitted to WIPO as a working document for the WIPO Committee on Intellect= ual Property and Genetic Resources, Traditional Knowledge and Expressions of Folklore (IGC). ARIPO will also establish linkages to museums, etc. in the Member States for the purpose of data collection which will start in Gambia, Malawi, Mozambique and Zambia.

The IFRRO AGM 2008 adopted a= statement= on TK and TCE which sets out IFRRO’s position on the criteria for an international instrument on these issues. A key prerequisite is that such an instrument must create functional incentives for, rather than stifle, the u= se of traditional knowledge and insure that fundamental rights to education, science, research, cultural development and freedom of expression are obser= ved while safeguarding the rights of indigenous peoples to maintain, control, protect and develop their cultural heritage   (Back to s= ection)

Australia recognizes artists’ resale royalty right

T= he Australian Parliament passed on 26November legislation for an artists’ resale royalty right. The new right is expected to come into effect in mid-2010 once a collecting society has been appointed to manage t= he collection of the royalties.   <= /span>

<= span style=3D'mso-spacerun:yes'> In a statement Viscopy comments that the resale scheme, as introduced, has many positive features = including an uncapped royalty of 5% on resales involving an art market professional a= t a price of AUD$1,000 or more; application of the right for a term of 70 years post mortem; joint and several liability of buyers, sellers and agents for = the payment of royalties; the appointment of a single collecting society to manage the right; a requireme= nt on the part of sellers to give the collecting society notice of resales and power on the part of the collecting society to require the provision of information about resales from buyers and sellers; and international reciprocity.

N= ow that the details of the scheme have been finalised, the Australian Government is conducting an open tender process to select a service provider to manage the scheme. An invitation to tender was announced with a deadline of 4 February 2010. Viscopy intends to bid for the right to m= anage this scheme. (Back to section)

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EC ratifies WIPO Copyright Treaties

The European Union and its Member States ratified the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, the so-called "Internet" Treaties on 14 December 2009. These Treaties were concluded to make the world's copyright laws 'fit for the internet'. By ratifying these Treaties, the European Union and its Member States stated t= heir hope to breathe new vigour into the current treaty-making work of WIPO and encourage renewed commitment to moving forward on a high level of protection for creators and creative industries. A full press release is avai= lable here.

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WIPO/SCCR discusses excepti= ons and limitations for education and people with print disabilities=

The 19^th meeting = of the Standing Committee on Copyright Related Rights (SCCR) included presentations of the = five reports on studies commissioned by WIPO on exceptions in relation to educat= ion. The reports provide useful information on the status of limitations to the exclusive ri= ghts for the benefit of education as well as on the licensing of the use of copyright works for educational institutions by RROs. It is unclear whether and, if so, how WIPO will follow up the studies.

The SCCR also discussed exce= ptions and limitations for the benefit of people with print disabilities. There was general support for the work of the WIPO stakeholder platform which works to develop practical solutions to provide access to copyright works by people = with print disabilities. The platform is made up of representatives from the Wor= ld Blind Union, DAISY, IFLA, IFRRO, RROs, EWC, IPA and STM. It has so far appr= oved guidelines for Trusted Intermediaries and agreed on an enabling technologies component to facilitate the transfer of alternate format works across borde= r. The intention is to start piloting the gu= idelines in April next year.

The World Blind Union has ar= gued in favour of a WIPO Treaty for the visually impaired. Whether there will be a Treaty or not, there is no doubt that the US delegation brought the WIPO Members one step closer to some form of international instrument when it inter alia stated that “the = United States believes that the time has come for WIPO Members to work toward some form of international consensus on basic, necessary limitations and excepti= ons in copyright law for persons with print disabilities. This international consensus could take multiple forms, including a model law endorsed by the SCCR, a detailed Joint Recommendation to be adopted by the WIPO General Assemblies, and/or a multilateral treaty.” The full statement is available here.

IFRRO believes that the best= and quickest solution to addressing the just demands of persons with print disabilities to have access to copyright works is to accelerate the work of= the stakeholder platforms, both the WIPO and the EC on= es, and made a statement at WIPO to support this view.

(= Back to section)

EU launches 2020 strategy for smarter, greener social market EU challenges rightholders, use= rs and commercial users to reflect on creative content online. (Read more)

I= FRRO responds to European Commission consultation on Europe= ana next steps IFRRO points to flexibility of existing solutions and ARROW project in Europeana debate (Read more)

EU stakeholder platform on access by persons with print disabilities to copyri= ght work European Commission launches platform to complement WIPO VIP stakeholder platform (Read= more)

EC ratifies WIPO Copyright Treaties European Commission welcomes= ratification of the WIPO Treaties and renews commitment to creators (Read more)

EU launches 2020 strategy for smarter, greener social market

IFRRO responds to European Commission debate on Europeana

EU stakeholder platform on access by persons w= ith print disabilities to copyright work

EU launches 2020 strategy for smarter, greener social market
EU challenges rightholders, use= rs and commercial users to reflect on creative content online. (Read more)

I= FRRO responds to European Commission consultation on Europe= ana next steps
IFRRO points to flexibility of existing solutions and ARROW project in Europeana debate (Read more)

EU stakeholder platform on access by persons with print disabilities to copyri= ght work
European Commission launches platform to complement WIPO VIP stakeholder platform (Read= more)

EC ratifies WIPO Copyright Treaties
European Commission welcomes= ratification of the WIPO Treaties and renews commitment to creators (Read more)