Tag Archives: Digital technology

Online access to Europe’s cultural heritage

Outline of the Community (European Union) legislation about Online access to Europe’s cultural heritage

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

Online access to Europe’s cultural heritage

Europeana, the European digital library, which will provide the public with a single access point to Europe’s cultural heritage. The main issues addressed concern digitisation, online accessibility and digital preservation of cultural material.

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 11 August 2008 – Europe’s cultural heritage at the click of a mouse: Progress on the digitisation and online accessibility of cultural material and digital preservation across the EU [COM(2008) 513 final – Not published in the Official Journal].

Summary

This Communication sets out the progress achieved thus far and the steps that still need to be taken in order to develop Europeana, the European digital library. Particular emphasis is on the actions carried out by Member States to implement the Commission Recommendation 2006/585/EC of 24 August 2006 on the digitisation and online accessibility of cultural material and digital preservation, which was endorsed in the Council Conclusions of 20 November 2008.

Europeana will be a common multilingual point of access to digitised European material. In 2007, its development received new impetus, especially through the creation of the European Digital Library Foundation that brings together different cultural sectors. The demo site of Europeana was published in February 2008 with the aim that the prototype will be launched in November of the same year. This prototype is to be developed into a fully operational service within the following two years.

The issues yet to be addressed in the development of Europeana include the:

incorporation of in-copyright material;
provision of multilingual search and retrieval functions;
integration of collaborative tools;
promotion of Europeana to the wider public.

On the basis of the above-mentioned Recommendation, Member States have progressed on the following:

digitisation – Most Member States have established overviews of digitisation activities, as well as strategies and plans for digitisation. However, the overviews are not used in any systematic manner and the strategies and plans do not provide quantitative targets. Further efforts are needed in these areas, as well as in financial planning. While some of the Member States have provided substantial amounts of resources to digitisation, additional funding is needed. This could be achieved through public-private partnerships or through private sponsoring. It is also essential that the output of digitisation continues to rise. To this end, many Member States have established digitisation centres;
online accessibility – Many of the Member States have either established or are establishing national portals, which may act as aggregators for Europeana. Most are also working on the standards that are essential for interoperability in Europe. In order to make the availability of in-copyright material possible, some Member States have begun to involve private content holders in their work. With regard to orphan works though, progress seems to be limited. In this regard, some Member States expressed their wish for a European level solution. Similarly, little progress has been made in connection with clearing rights for digitising and making available online works that are out of print or distribution, or to barriers to the use of public domain works. More attention should be given in particular to the latter issue, as it is imperative to continue providing access to such works;
digital preservation – Most Member States have begun to formulate digital preservation strategies and some have already established specific preservation plans; yet, the follow-up and financial backing to these remain limited. Multiple copying for preservation purposes is already allowed in most of the Member States, and even the remaining Member States are contemplating the necessary legislative actions. Similarly, the legal deposit legislation is already updated in most Member States, but the differences in materials covered and the deposit criteria are substantial. Many of the Member States have also implemented legislation relating to web harvesting by specified institutions (usually the national library). Otherwise, access to web-harvested material remains restricted due to intellectual property and privacy rights.

Even though Member States have progressed considerably in making cultural information available online, further action needs to be taken in particular with regard to:

funding of and quantitative targets for digitisation;
support for Europeana;
legislative actions and other measures to enable the digitisation and accessibility of orphan works and works that are out of print or distribution;
financial and organisational measures relating to digital preservation.

The High Level Expert Group on Digital Libraries, set up in 2006, has given practical assistance to Member States in implementing the above Recommendation. The Group’s work focuses in particular on public-private partnerships, scientific information and copyright issues.

In order to develop the services provided by Europeana, advancements in technical issues are needed, especially to achieve cheaper and better quality digitisation and preservation techniques. The Commission has supported this progress through the Framework Programmes for Research and Development and the eContentplus programme. It has asserted its commitment to continue providing support through policy initiatives and funding programmes for the development of Europeana and other projects that improve the accessibility and preservation of digital cultural material.

Related Acts

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – “Europeana: next steps” [COM(2009) 440 final – Not published in the Official Journal.
This Communication sets out the challenges to come concerning the implementation of Europeana.
Europeana’s results are positive, in that it gives access to more than 4.6 million digitised books, newspapers, film clips, maps, photographs and documents and receives contributions from more than 1,000 cultural institutions.
However, the Communication notes several problems connected with:

an imbalance between Member States in terms of the provision of cultural material. France has contributed 47% of the digitised objects, while other Member States such as Poland and Hungary have contributed mainly books;
copyright, in that recent works enjoy protection which limits access to them, unlike works from before 1900. It is important to establish collaboration with rightholders in order to improve access to protected works. Another challenge lies in the legal consequences of digitisation;
the financing and governance of Europeana.

Further efforts are therefore necessary in order to ensure that citizens can enjoy the services of Europeana fully.

Council conclusions of 20 November 2008 on the European digital library Europeana [Official Journal C 319 of 13.12.2008].
In its conclusions the Council of the European Union expressed satisfaction with the gradual establishment of the Europeana European library and the commitment of Member States to this project. In order for the project to be a success, the Council invites Member States to:

continue their strategy of implementation of their national objectives;
promote synergies between them in the process of digitisation and increasing online accessibility of cultural material;
incorporate digital cultural material in Europeana;
facilitate digitisation and online access to orphan works.

The European Commission is invited to encourage the development of Europeana and to promote it in Europe and the world, as well as to encourage the establishment of public-private partnerships to develop it.

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

Digital Agenda for Europe

Outline of the Community (European Union) legislation about Digital Agenda for Europe

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > European Strategy for Growth

Digital Agenda for Europe

Document or Iniciative

Communication from the Commission of 19 May 2010 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Digital Agenda for Europe [COM(2010) 245 final – Not published in the Official Journal].

Summary

The European Commission has proposed a Digital Agenda. Its main objective is to develop a digital single market in order to generate smart, sustainable and inclusive growth in Europe.

What are the obstacles hindering the Digital Agenda?

fragmented digital markets;
lack of interoperability;
rising cybercrime and risk of low trust in networks;
lack of investment in networks;
insufficient research and innovation efforts;
lack of digital literacy and skills;
missed opportunities in addressing societal challenges.

What actions are to be taken under the Digital Agenda?

Achieving the digital single market

The Commission undertakes on the one hand to open up legal access to online content by simplifying copyright clearance and management and cross-border licensing. In order to do this, the Commission is to propose a framework Directive on collective rights management and a Directive on orphan works. It will also review the Directive on Re-Use of Public Sector Information.

In order to facilitate electronic payments and invoicing, the Commission needs to complete the Single Euro Payment Area (SEPA) and review the e-Signature Directive in order to offer secure e-Authentication systems.

The European online market suffers from a lack of user trust regarding the security of payments and privacy. The Commission envisages reviewing the EU data protection regulatory framework. It also intends to publish an online Code stating clearly and in an accessible manner citizens’ rights in the digital world. This Code will also concern contract law, and EU-wide online dispute resolution. The Commission will also envisage introducing an EU online trustmark to guarantee consumer protection.

Telecommunication services should be unified. Numbering of services and spectrum bands should also be harmonised.

Enhancing interoperability and standards

The EU must enhance the interoperability of devices, applications, data repositories, services and networks. In order to do this, it is essential that the Commission continue the review of its standard-setting policy. It must also promote appropriate rules for intellectual property rights.

Consolidating online trust and security

Europe must strengthen its policy to combat
cybercrime
,
child pornography
and breaches of privacy and personal data security. The Commission is to present measures on network and information security and the fight against cyber attacks.

In parallel, Member States should take measures to establish a well-functioning network at national level and carry out large-scale cyber attack simulations. National alert platforms should be adapted to the Europol cybercrime platform.

Promoting fast and ultra fast Internet access for all

Europe needs competitively priced fast and ultra fast Internet access for all. In this regard, the EU is to establish next generation access networks (NGAs). The Commission intends to use European funds (ERDF or EAFRD, in particular) in order to finance investment in broadband. The Commission will also reinforce its radio spectrum policy.

Investing in research and innovation

Europe must make up for its lack of investment in research and development in ICTs, which is still insufficient in Europe compared to its major trading partners. The Commission therefore intends to encourage private investment and to double public expenditure to develop ICTs.

Enhancing digital literacy, skills and inclusion

Although the Internet is part of daily life for many European citizens, some categories of the population are still excluded from media literacy in the digital environment. Furthermore, the EU is hampered by a shortage of ICT practitioner skills.

In order to promote employment in the ICT field, the Commission proposes to give priority to digital literacy and skills through the European Social Fund. It also wishes to develop tools to identify and recognise the skills of ICT practitioners and users. The aim is to set up a European framework specially designed for ICT professionalism.

In order to overcome unequal access to digital literacy by European citizens, Member States should promote e-accessibility in particular when applying the Audiovisual Media Services Directive.

Leveraging smart use of technology for society

The European Union must exploit the potential offered by the use of ICTs in the following areas:

climate change, through partnerships with emitting sectors;
managing ageing population, through e-health and telemedicine systems and services;
digitisation of content, through Europeana;
intelligent transport systems, by applying the proposed Directive.

How can these actions be implemented?

Implementation of the actions described above will require a sustained level of commitment at both EU and Member State levels (including at regional level). This will be coordinated by a group of Commissioners and will involve Member States and the European Parliament.

Progress on implementing the Digital Agenda will be charted annually and will give rise to the publication of a scoreboard and the holding of a Digital Assembly.

Context

The 2008 financial crisis revealed certain structural weaknesses in the European economy. The Europe 2020 Strategy launched by the European Commission in 2010 constitutes one of the responses to this crisis. It sets objectives in terms of jobs, productivity and social cohesion. The Digital Agenda for Europe forms part of the Europe 2020 Strategy and is one of the seven flagship initiatives thereof.

Orphan works

Outline of the Community (European Union) legislation about Orphan works

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Businesses in the internal market > Intellectual property

Orphan works

Proposal

Proposal for a Directive of the European Parliament and of the Council of 24 May 2011 on certain permitted uses of orphan works [COM(2011) 289 final – Not published in the Official Journal].

Summary

This Proposal establishes a legal framework concerning orphan works * taking the form of:

books, journals, newspapers, magazines or other writings;
cinematographic or audiovisual works contained in the collections of film heritage institutions;
cinematographic, audio or audiovisual works belonging to the archives of public service broadcasting organisations.

It applies to all works which are protected by the Member States’ legislation in the field of copyright.

This Proposal defines the conditions governing the use of orphan works by:

publicly accessible libraries;
publicly accessible educational establishments;
publicly accessible museums;
archives;
film heritage institutions;
public service broadcasting organisations.

What are the parameters for identifying an orphan work?

The organisations referred to above are required to carry out a diligent search to identify and locate the copyright holder of a work through appropriate sources. These sources are determined by Member States, in consultation with rightholders and users. In particular, they may take the form of:

legal deposits;
databases of the relevant collecting societies;
indexes and catalogues from library holdings and collections;
publishers associations in the respective country.

The results of diligent searches must be recorded in a publicly accessible database.

Where the rightholders are not identified or located following a diligent search, a work is considered an orphan work and is recognised as such in all other Member States. The copyright holder nevertheless has the possibility of putting an end to the orphan status at any time.

What types of uses of orphan works are permitted?

Publicly accessible libraries, educational establishments and museums, archives, film heritage institutions and public service broadcasting organisations are obliged to use orphan works for a public interest purpose which includes activities such as:

the preservation and restoration of the works contained in their collection;
the provision of cultural and educational access to those works.

Organisations are obliged to maintain records of diligent searches carried out and publicly accessible records of their use of orphan works.

However, these organisations may be authorised by Member States to use an orphan work for a purpose other than that of the public interest, provided they remunerate rightholders who put an end to the work’s orphan status.

Context

This Proposal follows the Recommendation on the online digitisation of cultural heritage published in 2006 which invited Member States to equip themselves with legislation on orphan works, an invitation that few of them took up. It is also in line with the objectives of the Digital Agenda for Europe.

Key terms of the Act
Orphan work: a work whose rightholder has not been identified or, even if identified, has not been located after a diligent search for the rightholder has been carried out and recorded.

Reference

Proposal	Official Journal	Procedure
COM(2011) 289	–	2011/0136/COD

Another Normative about Orphan works

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Information society > Data protection copyright and related rights

Orphan works

Proposal

Proposal for a Directive of the European Parliament and of the Council of 24 May 2011 on certain permitted uses of orphan works [COM(2011) 289 final – Not published in the Official Journal].

Summary

This Proposal establishes a legal framework concerning orphan works
* taking the form of:

books, journals, newspapers, magazines or other writings;
cinematographic or audiovisual works contained in the collections of film heritage institutions;
cinematographic, audio or audiovisual works belonging to the archives of public service broadcasting organisations.

It applies to all works which are protected by the Member States’ legislation in the field of copyright.

This Proposal defines the conditions governing the use of orphan works by:

publicly accessible libraries;
publicly accessible educational establishments;
publicly accessible museums;
archives;
film heritage institutions;
public service broadcasting organisations.

What are the parameters for identifying an orphan work?

legal deposits;
databases of the relevant collecting societies;
indexes and catalogues from library holdings and collections;
publishers associations in the respective country.

The results of diligent searches must be recorded in a publicly accessible database.

What types of uses of orphan works are permitted?

the preservation and restoration of the works contained in their collection;
the provision of cultural and educational access to those works.

Organisations are obliged to maintain records of diligent searches carried out and publicly accessible records of their use of orphan works.

Context

Key terms of the Act
Orphan work: a work whose rightholder has not been identified or, even if identified, has not been located after a diligent search for the rightholder has been carried out and recorded.

Reference

Proposal	Official Journal	Procedure
COM(2011) 289	–	2011/0136/COD