Transcript The Rights of Artistic Photographers in the Modern World

SACD
The Rights of Artistic Photographers
in the Digital Environment
December 7, 2001
Jean F. BARDA / Claude L. ROLLIN
SACD
Intellectual Property Rights
The Copyright (or Droit d’Auteur) addresses
2 different types of rights :
- The Moral Right
Bern Convention
- The Author Rights
Reproduction Rights
Performing Rights
TV Broadcast Rights
Reprography Rights
.......
SACD
The Requirements
An author wants:
Respect for his work (Moral Right)
Protection of his work (Ownership)
Collection of the author’s economic rights
An Image Broker wants (Press Agency, Digital Library…) :
to show Images with identification and
protection (promotion & dissemination)
to sell images (content trading)
to control the use (piracy)
to collect the economic rights (exploitation fees)
SACD
Basic Principles
• Consider the existing situation
• Consider the national and international
legislation
• Consider the professional practices
• Manage the problem of antecedence
• Manage the necessary confidentiality
• Ensure the security of the deposit
SACD
Consider the existing situation
Transition of the analogue picture to the digital
picture
- Explanation of the transfer to the professionals
- Setting up digital tools
- Permanent demonstration
• Present deposits
- ISBN, ISSN, ISRC, …ISAN, ISWC, ISTC …
• Conclusion : managing the emergency
- Deposit locally or from afar
- Assign each object an identifier directly
- Make sure the identifier is Unique
SACD
Consider the National and international
legislation
• Difference between the Countries
- Moral Right and Intellectual Property
- The Concept of Copyright
• Recourse in case of
- Piracy or Imitation
• Possibility of deposit in several countries
- Problem about Date-Hour of deposit
- Problem about languages & used characters
• Conclusion
- Notion of Registration Authority in each Country
SACD
Considering the professional Practises
• Many professions are concerned by the Still Image
- Author’s Societies & Professional Organisations
- Photo Agencies & « great » Photographers
- Public Institutions, Museums, Libraries, Archives…
- Societies & private Institutions
• Present classification
- By general topic, photographer, Country, by year…
- date of taking of seeing, countryside
• Conclusion : necessity of documenting the files
pictures themselves
- Title, description of the image, extract, version,…
- Non erasable protection of the picture
SACD
Managing the problem of the antecedence
• Ability to receive all deposits
- Length of the minimum operation
- Availability of the reception links
• Precision in date and hour
- Use the ISO date-hour group
- Take the GMT reference everywhere
• Independence of the Registration Authority
- Relation between ISO-National correspondent-Authority
• Conclusion : Multiplicity of the Registration Authorities
- Distribution by Countries, agreement…
SACD
Managing the necessary confidentiality
• Limitation of the information
- Don’t put the totality of the picture in line
- Give enough information per one unique line
• Deposit type « Safe »
- Protected file including all metadata
- Modification is not allowed
- Optional deposit of original file
• Conclusion : Deposit a vignette and a link to
the original file
- Contents of the deposited file
- Identification & Description
Metadata for IPR Contents
• Name of the Author of Original Work
• Name of the Author - (ID/CC)
• Title
• Creation date of the Original Work
• Copyright holder
• Contact with address, Surface mail, E-mail
• Copyright reference
• Permanent usage restrictions
• License Plate concept for Unique Identifier
SACD
SACD
Licence Plate Structure - ID/LP
ISO/JPEG N° 10918 parts 3 & 4
11 FR
1
2
1777
42356
3
4
1 - 8 bits for the type of Work (11 for Still Pictures)
2 - 16 bits for the Registration Country- REGCON
3 - 16 bits for the Registration Authority- REGAUT
4 - 32 bits for sequential identifier - REGID
Process to obtain an ID/LP
from a Registration Authority
Content
Creator
SACD
REGAUT
ID/CC
Register of
ID/CC
Password
Password
Request ID/LP
ID/LP
WORK
Register of
ID/LP
Vignette
+
ID/LP
WHO CAN BECOME
A REGISTRATION AUTHORITY?

SACD
a collective rights society
 an individual owning and/or producing
image, such as a photographer, a painter,
etc.....
 an Image handling agency, such as a press
agency, advertising agency, etc.....…
 a private or public institution (museum,
digital image library, archive....)
SACD
REGISTRATION AUTHORITY
JURA : JPEG Utilities Registration Authority
ISO
JURA
.......
Collective Rights
Society
ANSI
A Photographer
Afnor
A Press Agency
BSI
A Museum
LEGAL REFERENCE TEXTS
SACD
• Berne Convention (1886)
• Copyright Treaty (1996)
• Net Law (1999)
• Directive Européenne « Droit d’Auteur » (2001)
SACD
The Bern Convention
September 9, 1886
Article 6bis : Moral Right
(1) Independently of the Author’s economic rights,
and even after the transfer of the said rights,
the author shall have the right to claim authorship
of the work and to object to any distortion,
mutilation or other modification of, or order
derogatory action in relation to, the said work,
which would be prejudicial to his honour or reputation.
SACD
The Bern Convention
September 9, 1886
Article 9: Right of Reproduction
(1) Authors of literary and artistic works protected
by this Convention shall have the exclusive right of
authorising the reproduction of these works, in any
manner or form.
SACD
The Bern Convention
September 9, 1886
Article 15: Right to Enforce Protected Rights
In order that the Author of literary or artistic work protected
by this Convention shall, in absence of proof to the
contrary, be regarded as such, and consequently be entitled
to institute infringement proceedings in the countries of the
Union, it shall be sufficient for his name to appear on the
work in the usual manner. This paragraph shall be
applicable even if this name is a pseudonym, where the
pseudonym adopted by the author leaves no doubt as to
his identity.
SACD
The Bern Convention
September 9, 1886
Article 36: Application of the Convention
Any country party to this Convention undertakes
to adopt, in accordance with its constitution, the
measures necessary to ensure the application of
this Convention
SACD
The WIPO Copyright Treaty
(December 1996)
Adopted by the Diplomatic Conference on December 20, 1996
170 States members ( as of Aug. 1998), Intergovernmental
Organisation, One of the 16 specialised agencies of the
United Nations system of organisations
Two main issues about digital copyright :
• Article 11 :
Obligations concerning Technological Measures
• Article 12 :
Obligations concerning Rights Management
Information
SACD
The WIPO Copyright Treaty
(December 1996)
Article 11:
Contracting Parties shall provide adequate legal
protection and effective legal remedies against
the circumvention of effective technological
measures that are used by authors in
connection with the exercise of their rights
under this Treaty or the Bern Convention and
that restrict acts, in respect of their works,
which are not authorised by the authors
concerned or permitted by law.
SACD
The WIPO Copyright Treaty
(December 1996)
Article 12:
1)- Contracting Parties shall provide adequate and effective legal
remedies against any person knowingly performing any of the
following acts knowing, or respect to civil remedies having
reasonable grounds to know, that it will induce, enable,
facilitate or conceal an infringement of any right covered by
this Treaty or the Bern Convention:
(i) To remove or alter any electronic rights management
information without authority;
(ii) To distribute, import for distribution, broadcast or
communicate to the public, without authority, works or copies
of works knowing that electronic rights management
information has been removed or altered without authority.
SACD
The WIPO Copyright Treaty
(December 1996)
Article 12:
2) – As used in this Article, « rights management
information »means information which identifies
the work, the author of the work, the owner of any
right in the work, or information about the terms
and conditions of use of the work, and any numbers
or codes that represent such information, when any
of these items of information is attached to a copy
of the work or appears in connection with
the communication of a work to the public.
SACD
NET LAW (March 5, 1999)
• Reference to article 8 of the WIPO Copyright
Treaty
• Article 4:
Members States shall provide authors in respect
of the original of their works or of copies thereof,
with the exclusive right to any form of distribution
to the public by sale or otherwise.
SACD
NET LAW (March 5, 1999)
Arts. 6 & 7 of the draft Directive derive from
arts. 11 & 12 of the WIPO Copyright Treaty.
The main interests which publishers have in
Copyright and neighbouring rights are Security
of trading and authenticity.
SACD
NET LAW
(March 5, 1999)
Reference to the US Digital Millenium Copyright Act
(DMCA - October 28, 1998) :
Copyright Management Information (CMI)
The DMCA will make it illegal to knowingly alter, remove or
falsify CMI – or to knowingly traffic in copies of works
linked with CMI that has been so altered, removed or
falsified – with an intent to enable or conceal copyright
infringement.
Rights of Copyright Owners and related limitations
The DCMA explicitly preserves, without modification,
existing rights of Copyright owners and the limitations on
such rights, including fair use.
SACD
The European Directive
(February 2001)
Adopted by the European Parliament
February 14th, 2001
Harmonisation of :
- Reproduction Right
- Performing Right
- Distribution Right
SACD
The European Directive
(February 2001)
Takes into account arrangements of the articles 11 & 12
of the WIPO Treaty :
Article 7 (Obligations concerning the information about the Rights)
1) The members States provide a legal protection against any person
who accomplishes knowingly, without authorisation, one of the
following acts :
a) to remove or to modify all information concerning the form of
rights on electronic representation;
b) To distribute, import for distribution, broadcast or communicate to
the public, without authority, works or copies of works knowing that
electronic rights management information has been removed or
altered without authority…..