Project deliverable Open Access

D4.10 Issue reports on how copyright exceptions and other permitted uses that are relevant for documentary filmmakers and immersive digital heritage practitioners are understood in the Netherlands and the UK

Meletti, Bartolomeo; van Gompel, Stef

Project member(s)
Mol, Tycho; Schumacher, Luna

This reCreating Europe deliverable D4.10 outlines the most pressing copyright-related issues and concerns faced by documentary filmmakers and by curators and creators of immersive experiences in the United Kingdom and the Netherlands. It is the main output of the first stage of Task 4.3 Developing best practice codes for creative audiovisual re-use, led by CREATe (University of Glasgow) and IViR (University of Amsterdam) as part of Work Package 4 Creative Industries.

After a short introduction to the project and its methodology (Section 1), the document offers an overview of the issues identified and discussed by the communities being examined in relation to copyright and the lawful reuse of audiovisual materials. The findings of four online workshops – one for each community in the two jurisdictions under consideration – are systematised in four issue reports (Sections 2 and 3). Each issue report describes the creative and cultural practice of the workshops’ participants and the core copyright-related concerns they identified. The main points discussed by participants under each area of concern are reported. The copyright issues that documentary filmmakers reported as being the most worrying related to access (identifying and negotiating with right owners and archives), use (exceptions and limitations/fair dealing vs rights clearance) and distribution (territoriality of the law). The main copyright concerns raised by curators and creators of immersive digital heritage resolved around the questions of identifying, contacting and negotiating with rights holders, the uncertainties of knowing whether your use is fair/lawful or not, and responsibilities (for infringement and preservation). This was the same in both jurisdictions.

Section 4 provides a snapshot of the copyright exceptions and limitations in UK and Dutch law which may cover the uses of protected content discussed by participants. Finally, Section 5 encompasses conclusive remarks and the next steps of the project.

The deliverable is under acceptance by the European Commission. 

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