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Results and resources

Europeana Licensing Framework

The Data Exchange Agreement

The Europeana Licensing Framework is enabling the Europeana Strategic plan 2011-2015. It's center piece is the Data Exchange Agreement (DEA), a contract which is signed by each Europeana partner and which governs the re-use conditions of metadata and previews but leaves partners free to implement whichever regime they see fir for their digitised objects. Working with the Europeana stakeholders is a key activity and reflected by extensive consultation, including community norm-setting through the Europeana Metadata guidelines.

The Europeana Public Domain Charter is second key deliverable, which required extensive consultation, giving guidance for valuing and dealing with expired rights. A Public Domain Mark was launched together with Creative Commons.

The Public Domain Calculator

IViR conducted research into the question of the duration of the protection of subject matter in which copyright or neighbouring rights subsist across Europe. The research thus effected ultimately resulted in the production by Kennisland of the current set of Public Domain Calculators, each calculator corresponding to an examined jurisdiction.

  • The Calculators provide a simple interface between the user and the often complex set of national rules governing the term of protection.
  • The creation of the Calculators relied on responses by National Experts to the Term of Protection Questionnaire prepared by IViR.
  • The scope of the legal certainty of the Public Domain Calculators and the conclusions drawn from the legal research are analysed in detail in the Term of Protection Report.
  • In the final step, the National Flowcharts were translated into code by IViR's colleagues at Kennisland, thus resulting in the creation of the current set of web-based Public Domain Calculators. Public Domain Helper Tool
  • IviR also conducted a background study on the remaining uncertainties regarding the calculation of the term of protection in Europe.

Research on Extended Collective Licensing

In the last year of the project, focus has shifted to rights clearance issues, starting with a prerequisites analysis of Extended Collective Licensing. IViR conducted research on the issue which led to the publication of a report:

(with J. Axhamn) Cross-border extended collective licensing: a solution to online dissemination of Europe's cultural heritage?, Amsterdam: Institute for Information Law August 2011. Final report prepared for EuropeanaConnect.

Relevant presentations

  • Europeana Licensing Framework
    Patrick Peiffer, National Library of Luxembourg
    Experts conference of the Polish Presidency 'Competences in Culture', 18-20 July 2011, Warsaw
  • Extended Collective Licensing
    Lucie Guibault, Institute for Information Law, University of Amsterdam
    Experts conference of the Polish Presidency 'Competences in Culture', 18-20 July 2011, Warsaw