MS3 Four deliberative exercises to identify acceptable normative practices within a progressive interpretation of the legal framework

Task 4.3 aims to produce four deliberative exercises to identify acceptable normative practices within a progressive interpretation of the legal framework in the Netherlands and the United Kingdom (UK). These were preceded by four workshops – described in this milestone report MS3 – to map issues encountered by two stakeholder groups.

Task 4.3 Developing best practice codes for creative audiovisual re-use adopts a bottom-up, participatory research method in order to provide contextualised evidence and guidance on how copyright exceptions are being perceived and used in practice by specific AV sectors of certain countries. An established methodology for developing best practice codes1 is adapted to the European context in three steps. (1) Mapping of issues that specific communities encounter; (2) formal deliberative exercises; (3) drafting of codes. Each step involves co-production with creative and cultural practitioners in the relevant AV communities.

As part of step 1 of the project, four online deliberative workshops were undertaken, one for each community of documentary filmmakers and of curators and creators of immersive experiences in the two jurisdictions under consideration. During these workshops, participants deliberated on the most pressing copyright issues they face when making documentary films or creating immersive experiences, respectively. The online workshops provided direct input for the four issue reports produced for MS5 and ultimately for 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. These four online workshops are a milestone towards D4.11 – two codes of best practices in relation to copyright in the AV selected sectors. Based on the issues identified through MS3, the next steps of Task 4.3 will be to engage in formal deliberation exercises using social science standards to identify shared principles and acceptable norms within the communities under consideration; and to draft sector-specific codes of best practices that reflect such principles and norms.