Extended Collective Licensing Arrangements And Their Practicability For Dealing With OW
This is a background paper to the MILE-CEPIC Workshop on "ORPHAN WORKS IN PRACTICE" which was held in Dresden, 05 June 2009. The paper has been written by Dr. Mihály Ficsor, Hungarian Copyright Council and former Assistant Director General of WIPO.
1. This background paper (i) analyses the legal conditions for the application of mandatory and collective management at international and community level; (ii) outlines certain basic principles that should be respected in any forms of collective management and that are particularly relevant from the viewpoint of such management of the rights in orphan works; (iv) describes are reproduces those provisions of the E.U directives which are relevant from the viewpoint of the same issues; (iii) discusses briefly the questions of applicability and practicality of collective management of copyright in orphan works, with special attention of the management of copyright in image-based works; and (iv) presents the main features of the new Hungarian legislation on orphan works.
2. The background paper does not deal with the concept and definition of "orphan works" and the general legal and practical considerations concerning the regulation of their use. It is taken as granted that the participants in the workshop are very well aware of all those aspects.
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