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Role of Collective Management & RROs in sustaining the publishing industry Olav Stokkmo, CEO of IFRRO Moscow Book Fair 2013 6 September 2013 Moscow IFRRO International Federation of Reproduction Rights Organisations Provider of reliable information on copyright-led solutions in the text and image based sector The global network 140 members in 78 countries IFRRO Key Activities • Communications / Information • Business Approaches • Regional Development Cooperates with • WIPO • UNESCO • • EU OAPI, ARIPO, LAS APEC, CERLALC • • CISAC, SAA, etc. IFLA, EBLIDA 86 RROs in 77 countries Around the world – on all continents ABDR | Access Copyright | AGECOP | AIDRO| AMCOS | AUTOR | B-COPY| BBDA | BECLA Bonus Presskopia CADRA | CCC| CDR | CEDRO| CeMPro| CFC| CLA| CLASS| CLNZ| CMA| COPIBEC| Copydan Writing| CopyGhana | Copyright Agency | CopyRo – Romania | CopyRus| COSOMA| CWWCS| DALRO| DHK/CWA| DILIA ECCLA| EDISAM| FILCOLS| Fjölís| FJÖLRIT| GCA| HARR| HKRRRLS| ICLA| IPRO| IRRO| JAC| JAMCOPY| JRRC| Kopiken| Kopinor| KOPIOSTO| KOPIPOL| KOPITAN| KORRA| LATGA-A| LIBRIUS| LITA| Literar-Mechana | Luxorr| MASA| NLA| NLI| NSRR| OSDEL| POLSKA KSIAZKA| ProLitteris| REPROBEL| REPRONIG| SADEL| Sámikopiija | TTRRO| VG Bild-Kunst | VG4 MUSIKEDITION | VG WORT | VIETRRO| YAYBİR| YRCI| ZANA| ZARRSO| ZIMCOPY IFRRO. RRO-members, total members and collected fees 160 140 120 100 80 60 40 20 0 1400 1200 1000 800 600 400 200 0 1989 1994 RROs 2000 Total members 2008 Collected fees 2012/13 Collected fees in USD Members RROs and total members 27.8.2013; Collected fees 1989-2012 Copyright is fundamental to Cultural Diversity and Economic Growth Creative Industries fuel the Digital Economy Copyright and creative sectors Fuel the digital economy • • • • • • Knowledge economy National IP industry Flourishing environment Unique cultural material Educational material World place Valuing copyright allows investment in creativity, knowledge and culture • Cultural value o National identity o Fiction, non fiction (science, technology, education), poetry, drawings, photographs... And more! • Economic value o Incentive to create and publish o Textbooks often engine of national publishing industry WIPO studies: Creative industries important to economy Australia Bulgaria Canada Colombia Croatia Hungary Jamaica Latvia Lebanon Contribution Contribution to to GDP % employment % 10.30 8.00 2.81 4.30 4.70 5.40 3.30 5.80 4.27 4.64 6.66 7.10 4.81 3.03 5.05 5.59 4.75 4.49 Contribution Contribution to to GDP % employment % Mexico 4.77 11.01 Netherlands 5.90 8.80 Philippines 4.82 11.10 Romania 5.55 4.19 Russia 6.06 7.30 Singapore 5.67 5.80 Ukraine 2.85 1.90 USA 11.09 8.53 http://www.wipo.int/export/sites/www/ip-development/en/creative_industry/pdf/eco_table.pdf http://www.wipo.int/ip-development/en/creative_industry/economic_contribution.html Creative sectors fundamental to Wealth, knowledge & Digital Society Positive relation between investment in Copyright and GDP per capita Positive relation between investment in Copyright and Competitiveness Positive relation between investment in Copyright and Innovation http://www.wipo.int/ip-development/en/creative_industry/pdf/economic_contribution_analysis_2012.pdf, Core copyright industries Main contributor to GDP: press & literature 6% 1% 9% press and literature 3% 6% 44% software radio and tv Music, theatrical productions and opera motion pidcture and video visual and graphic arts Photography 9% cr collecting societies advertising 12% 10% Income from secondary uses Fundamental to the author & development Studies in the UK(PwC and ALCS) Authors •10% decline in RRO income for creators would result in 20% less output; •20% decline would mean a drop of 29% in output or the equivalent of 2,870 works per year. Publishers Secondary copyright payments play an important role in incentivising investment in new products Provision of easy legal access to copyright works Protects both content creators and consumers Provision of easy, legal access to © works protects users and R/Hs Seamless Access to © works – Addressing primary and secondary markets Paid Freely available RETRIEVING Personal use ACCESS FINDING Works USING Classroom use Research/Collaboration Rightsholders SHARING Photocopying Internal External E-mailing Internal External Posting Intranet Storing Internet Text & Data Mining Republication New Work Print-disabled version Translation Valuing copyright allows investment in creativity, knowledge and culture The educational publishing ecosystem Primary market Secondary market Exceptions exceptions are important; unremunerated exceptions should be limited to instances 15 where primary and secondary markets cannot fulfil a market need efficiently RRO Collective Administration Contributes to seamless access to © works • Individual licensing when one to many • Collective management when many to many; when individual licensing is – Impossible • Typically Orphan works – Impracticable or Insufficient • Typically Multiple copying & Out-of-Print works RROs complements individual administration RROs Make Copyright Work for Everybody RROs act as intermediaries between rightholder and users RROs -Reproduction Rights Organisations Collective Rights Managers in text & image sector Operate on the basis of mandates from; governed jointly by • Authors and Publishers Writers including translators; Visual artists; Composers Publishers (Book, journal, newspaper, magazine, • music) Legislation Key facets of RRO activities Awareness raising Copyright enforcement Licence, collect and distribute revenues RROs Make Copyright Work! Content of RRO repertoire licence • Limited extracts • 5-15%; chapter; article • Personal and Internal use • Permitted uses • Photocopying and scanning • Download, store, print, internal dissemination, external dissemination • • • • • Authorised users Terms Fees Usage reporting requirements Compliance awareness Digital sources and applications • Sources o Analogue o Electronic carrier o Online o Internet download • Applications and uses o Scan o Printout o PPT o Whiteboard o Intranet oView o Virtual Learning Environment o Document delivery o Store o Email o Redirect to content o RRO content database RROs Areas licensed by RROs • Education at all levels – Schools; Universities; Further education; Distance Education • Public Administration – Government; Regional; Local • Trade and Industry • Religious bodies • Public and Research libraries • Cultural institutions • Copy shops • Press Cutting Agencies Supporting collective management is supporting economy, knowledge, culture Income from secondary uses is indispensible to creation and investment in new works Kopinor (Norway) – extended collective licence • • • • • • • • 22 member associations, 5 publisher, 17 author Council of Representatives Executive Board and Board of Distribution Mandates via member bodies ECLs approved by Ministry of Culture Rightholder set splits Individual distribution via r/h bodies Revenue collection 2012: € 37 million REPROGRAPHIC REPRODUCTION RIGHTS MANAGEMENT • • • • DIGITAL RIGHTS MANAGEMENT IN THE EDUCATION SECTOR • • • • Compulsory collective management system: CFC represents all rights holders by effect of the law CFC licence Education, businesses and government CFC collected 45M€ in 2012 Royalties allocated to works reproduced according to reports from users and distributed to rights holders Legal exception introduced in French law in 2006 CFC negotiated an agreement with Ministry of education, who pays a lump sum (1.45M€ per year) to remunerate the uses CFC receive mandates from publishers to distribute the royalties Publisher’s mandates allow CFC • to authorize digital reproduction of works, which are excluded from the legal exception, as for example school books • To authorize educational establishments, which are not covered by the agreement with the Ministry of Education DIGITAL RIGHTS MANAGEMENT IN THE BUSINESS SECTOR • • • • Voluntary collective management: CFC receives mandate from publishers CFC represents only the publications from the publishers, who gave a mandate CFC licenses digital internal uses for professional purposes CFC collected 10 M€ in 2010, with a 30% growth in revenues 24 ProLitteris (Switzerland) – legal licence • Cooperative society: 8,000-plus creators, 600-plus publishers • General Assembly • Board of 12: 7 creators, 5 publishers • Federal Intellectual Property Office • Remuneration mandate includes digital • Mandate may include voluntary licensing • Title-specific distribution to individuals • Revenue collection 2011: € 14 million Levy – text and image based works – Examples Germany and Hungary Germany Law authorises reproduction Single copies for Private use Copies of single works for Own scientific or archival use; Copies of out-of-print works Copies of small parts of works other than text books for teaching Copies may be in analogue or digital formats Equipment and Operator levy collected in 2012: € 73.5 million Hungary Individual allowed to copy for private purposes May copy for others: Educational and cultural institutions; retail, copy shops and others charging for copies Equipment and Operator levy collected in 2012: € 1 million RRO rights administration New areas • Digital Libraries – Orphan Works – Works out of Commerce • Model Licences – Secure and Open Networks • Rights Clearance • Databases • People with print disabilities • Trusted Intermediaries (TI) pilot project • WIPO Stakeholder Platform - TIGAR • EC Stakeholder Dialogue – MoU - ETIN Library Digitising project Examples 28 FRANCE • Out-of-Commerce Books published in France < 2001 • Compulsory Collective Management by RRO – Right of withdrawal GERMANY • • Out-of-Commerce Books published in Germany < 1966 Licensing by RROs (VG Wort and VG Bildkunst) – Legal Presumption – Right of withdrawal Strengthening copyright & collective management Helps create wealth, employment and economic growth Copyright A Fundamental Human Right! Jaron Lanier virtual reality • Fundamental problem: Web being free obscures the fact that people created all this data • Much of the danger to middle-class professionals stems from Internet’s hostility to ownership of knowledge • Restore the value of data ( Jaron Lanier: Who owns the future) A world that values knowledge values its creators! Economic growth Cannot be created by giving all away for free Al Gore We are nearing a threshold beyond which so many jobs are lost that the level of consumer demand falls below the level necessary to sustain healthy economic growth (Al Gore in The Future) The Copyright Sectors Fuel the Digital Society! RRO rights administration Sustaining local creative industries Copyright education Appropriate legislation Compliance Enforcement Rightholder mandates User friendly licences Collective Management Seamless access to copyright works Convenient Fast Safe Simple Cost effective Innovative Thank you! [email protected] www.ifrro.org 34 34