Numérisation de masse Commission européenne

Numérisation de masse Commission européenne

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Music publishers explain that mass digitisation is not an issue for music and that rightholders can licence their work directly. They say that digitisation is common in the music industry and the chances of music being both in analogue form and out-of-commerce are remote.

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Published 28 July 2014
Reads 33
Language English
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Music publishersexplain that mass digitisation is not an issue for music and that rightholders can licence their work directly. They say that digitisation is common in the music industry and the chances of music being both in analogue form and out-of-commerce are remote.
Intermediaries/distributors/other service providers
This category of respondents did not express specific opinions on the questions related to mass digitisation. Member States Only a few Member States replied to the questions related to mass digitisation, explaining the systems in place at national level to allow mass digitisation of protected content (for example, extended collective management). In general, Member States favour contractual mechanisms and discussions between CMOs and cultural heritage institutions to address the challenges of mass digitisation. One Member State suggests establishing a provision at EU level to facilitate the digitisation of audio-visual works for archiving purposes, with the exploitation of the digitised works remaining subject to an agreement with rightholders. Other Certain academics suggest that mass digitisation should be allowed under the preservation exception, which should include digitisation and format shifting but not acts of making available (which would remain covered by Orphan Works Directive and the MoU on out-of-commerce works). Other respondents support the introduction of a specific exception to enable libraries and archives to undertake mass digitisation of their collections. 5.Teaching (Questions 42 to 46) These questions related to the teaching exception (Article 5(3)(a) of the InfoSoc Directive). Respondents were asked to share their experiences with the use of protected works for teaching purposes, including under existing market mechanisms, and to provide their views on how problems, if identified, should be solved.
End users/consumers
Organisations representing end users underline the restrictive implementation of the exception in Member States and the resulting legal uncertainty for teachers and students. In particular, some users report problems faced by teachers/trainers involved in the development of open educational resources (OERs), notably content such as images or parts of textbooks being removed from educational platforms at the publishers’Other users consider that request. copyright rules are too complex and negotiations with rightholders too costly, making innovative learning methods impossible to use.
As to the possible solutions, users call for a broad exception for non-commercial use of protected works in educational contexts: they believe that the exception should not be limited to educational establishments, teachers and students but should cover all educational activities 53