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201108-IVIR Report-Cross-border extended collective licensing: a solution to online dissemination of Europe’s cultural heritage?

201108-IVIR Report-Cross-border extended collective licensing: a solution to online dissemination of Europe’s cultural heritage?

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Published by Axel Beelen
It is the final report prepared for EuropeanaConnect related to "Cross-border extended collective licensing: a solution to online dissemination of Europe’s cultural heritage?"
It is the final report prepared for EuropeanaConnect related to "Cross-border extended collective licensing: a solution to online dissemination of Europe’s cultural heritage?"

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Published by: Axel Beelen on Sep 28, 2011
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05/12/2014

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The beneficiaries of the limitations contained in articles 5(2)(c) and 5(3)(n) of Directive 2001/29/EC
could serve as a model for the elaboration of an ECL provision on digitisation and online
dissemination of Europe’s cultural heritage. The criterion according to which the institutions must be
of a non-profit nature and that any permitted acts be related to items in the institutions’ own
collections could also constitute the basis for eligible users of an ECL provision for Europeana content
providers. By this, most of the Europeana content providers would fall within the scope of the eligible
users of the ECL provision. However, as pointed out in section 3.1.1, it is uncertain whether the
beneficiaries of the said limitations include the archives of other cultural institutions, such as
broadcasters’ archives and film heritage institutions.287

The scope of designated users of an ECL

283

For a discussion, see e.g. Riis & Schovsbo in Columbia Journal of Law and the Arts 2010, p. 493.

284

See e.g. Riis & Schovsbo in Columbia Journal of Law and the Arts 2010, p. 494.

285

Handbook on the implementation of the Services Directive, published by the European Commission2007
(although not a binding document). Available at http://ec.europa.eu/internal_market/services/docs/services-
dir/guides/handbook_en.pdf

286

Riis & Schovsbo in Columbia Journal of Law and the Arts 2010, p. 494.

287

A list of the contributors the Europeana is accessible at http://www.europeana.eu/portal/partners.html

57

provision for the benefit of Europeana content providers should therefore be extended to also include
the archives held by broadcasters’ and film heritage institutions.

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