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OnLineArt, global licensing of Online uses of works of fine art and photography. IFRRO AGM 2009 OSLO Speaker: Dr. Anke Schierholz. Topics to be covered. Rights administration for visual artists OnLineArt: solution for AGP societies Construction of mandate Tool to prevent orphans
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OnLineArt, global licensing of Online uses of works of fine art and photography IFRRO AGM 2009 OSLO Speaker: Dr. Anke Schierholz
Topics to be covered • Rights administration for visual artists • OnLineArt: solution for AGP societies • Construction of mandate • Tool to prevent orphans • Conclusions IFRRO AGM OSLO
Market realities • Fragmented rights ownership • Collective management societies represent most artists and heirs of market interest • Some Museums and Image Archives hold rights on works in their collections • Market demands for multiterritory/multirepertoire licences for online uses • Demands for non commercial mass uses from books • Book digitisation projects require rights for entire image repertoires (Google/Europeana) • Rights and content packages IFRRO AGM OSLO
OnLineArt • Founded early 2002 • Present membership: 14 societies: ADAGP(France), VG Bild-Kunst(Germany), ProLitteris(Switzerland), DACS(UK), ARS(United States, VEGAP(Spain), BUS(Sweden), Pictoright(Netherlands), SABAM(Belgium, Copy-Dan(Denmark), SIAE(Italy), BONO(Norway), Viscopy(Australia), VBK (Austria) IFRRO AGM OSLO
OnLineArt: What it aims to offer • Granting world-wide licenses for the pool of repertoires held by OnLineArt • One-stop-shopping • Central server • Centralised monitoring • Enables effective rights enforcement • Enables cross border search for authors by adapting existing databases • Sector specific solution for embedded works in orphan books and orphan works of art • The OLA database provides a tool for the book digitising projects to help fulfil the requirements of due diligent search for authors • Standardised licensing procedures for the participating societies • Cost savings IFRRO AGM OSLO
Mandate • Statutes • Individual contracts • Non exclusive mandate by member on whole repertoire • Mandate in return on whole pool of repertoires • EEA and Switzerland: non exclusive • Exclusivity for Third countries (USA, Australia) IFRRO AGM OSLO
Membership • Membership is open to all AGP collective management societies providing a certain minimum technical standard • Other rights holders may benefit: • Museums • Image Archives IFRRO AGM OSLO
OnLineArt – Possible Directions • Rights and image packages to provide • Image, including the photographic rights • Rights for the work of art IFRRO AGM OSLO
Tariffs • Common tariffs • applicable to 50% of uses (mass uses) • Regularly up-dated depending on market developments • Individual licensing for remainder IFRRO AGM OSLO
Market developmentsSome observations • Advertisement is different than in the analogue world, presentation of traditional licensed copies on internet sites; advertisement banners hardly use works; • The borders between commercial/non-commercial uses and users blurs: Museums commercial their collections and commercial companies collect and exhibit works etc. • Time factor changes – more long term uses desired • Book digitization projects (GOOGLE/ EUROPEANA) demand entire world wide repertoires on all images immediately • OLA reacts by: • Setting up licensing principles and guidelines for large scale International web site projects • Extending mandates from authors such as photographers IFRRO AGM OSLO
Conclusions • System works successfully • Users‘ demands are met while ensuring high level of authors‘ rights protection • Electronic commerce is facilitated • Flexibility to react on constant market developments www.onlineart.info IFRRO AGM OSLO