Digitization of Audiovisual Materials by Heritage Institutions: Models for Licences and Compensations

Amsterdam Law School Research Paper No. 2012-40

Institute for Information Law Research Paper No. 2012-34

6 Pages Posted: 13 Dec 2019

See all articles by David Korteweg

David Korteweg

Institute for Information Law

P. Bernt Hugenholtz

University of Amsterdam, Institute for Information Law (IViR)

Date Written: April 7, 2011

Abstract

The digitization and distribution of audiovisual material raises major copyright problems. While digitizing for preservation purposes has been permitted since 2004 under strict conditions in accordance with Art. 16n of the Dutch Copyright Act, for the reutilisation of digitized material (e.g. on websites or by means of retransmission by radio or television) permission must be sought and obtained from large numbers of claimants. For large digitization projects, such as Beelden voor de Toekomst (Images for the Future), this means a rights clearance operation of dizzying proportions. In addition, digitization projects face great uncertainty with regard to the level of the copyright license fees due. As a result, questions arise as to how the problem of rights management can be efficiently solved and on which basis a reasonable fee may be calculated, taking into account the rights of right-holders to reasonable remuneration and the interest of public heritage institutions and the general public in an optimally complete, accessible and affordable digital archive. These two questions are central in this research.

Suggested Citation

Korteweg, David and Hugenholtz, P. Bernt, Digitization of Audiovisual Materials by Heritage Institutions: Models for Licences and Compensations (April 7, 2011). Amsterdam Law School Research Paper No. 2012-40; Institute for Information Law Research Paper No. 2012-34. Available at SSRN: https://ssrn.com/abstract=2017561

David Korteweg (Contact Author)

Institute for Information Law ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

P. Bernt Hugenholtz

University of Amsterdam, Institute for Information Law (IViR) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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