E sccr/39/6 original: English date: October 15, 2019 Standing Committee on Copyright and Related Rights Thirty-Ninth Session Geneva, October 21 to 25, 2019


In summary, collective licensing is called to play an important role in the development of online education



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sccr 39 6
In summary, collective licensing is called to play an important role in the development of online education: allowing legitimate access to works by users, assuring right holders an efficient management of their rights (and widespread dissemination of their works facilitated by digital technologies) and a fair share of the value obtained from the use of their works.
Yet, collective management will likely face challenges, such as regularly developing new licenses which respond to the emerging needs of online education (respecting primary markets of copyrighted works); extending licenses availability to new territories and markets, beyond textual and image works traditionally licensed, to cover other works used in digital teaching such as musical works, audiovisual works, video and audio recordings, interactive games, etc.; fostering awareness that allow users to know the existence, benefits and advantages of collective licensing, as well as the possibility of accessing a world-wide repertoire of copyright protected works without risk of infringement; additionally, making right holders aware of the value and importance of collective management of their works, in order to improve availability of licenses for online education; and lastly, working to broaden the presence and operation of collective management in different regions of the world.
Copyright laws may do a lot to foster the development of collective management licensing to meet the needs of online distance education and research. Examples include the “E&L failing licenses” solution implemented in the UK, Ireland and Jamaica – and that will soon be also implemented in Kenya: a statutory, non-remunerated E&L will apply for teaching purposes if no voluntary agreement is reached among parties. Other possibilities include the Extended Collective Licensing (ECL) - established in the Nordic countries, as well as in Malawi and soon in Jamaica- which enlarges the scope of a voluntary license agreed with a CMO, beyond its repertoire and associates to all works and authors of the same category, as well as compulsory (non-voluntary) licenses (i.e., E&L subject to remuneration), as enacted in Japan for digital educational uses.
3.2. DIRECT LICENSING
Rather than through a CMO, right holders (publishers, in most of the cases) may negotiate licenses directly with individual institutions or via consortia of universities and research institutions, “consortia licenses”.80 Right holders may choose to license directly to users due to a concern about the impact of the use permitted under the CMO license on their primary markets, (for example, concerns about the security settings of the systems used by the university) and the risk of leaked content being used as a substitute in either primary markets or for RRO licenses that they participate in other countries. On the other hand, in order to avoid negotiating licenses’ terms and conditions with a large number of publishers, libraries and universities have also grouped into consortia81, which represent hundreds or thousands of libraries in different countries and regions of the world.82



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