Hi Eric,

thank you for your message ! We have a law that states that a faithful photograph of a 2D work cannot be copyrighted. However, sometimes contracts between GLAM and photographers are poorly designed, intentionally or not. Most importantly, the problem comes from the 2015 Valter Law, which offers an exception to open data for the cultural sector. The GLAMs can raise a royalty for the use of its scans. I think we need to expand the concept of copyright to counterparty in general.

For the moment, France supports the principles of the directive and is committed to implementing national applications. However, concerning Article 14, no initiative has been launched for the moment. We knew that it wouldn't be a priority for the government.

Of course we use this article with our interlocutors, even if I don't find it clear enough. Then, between the theory and the practice, it can take a long time...
I believe that an efficiant impulse will come from a strong personality who understands the stakes of open content and will be able to boast of being at the origin of such a change. We are in a very strong time for our lobbying theses last weeks and new comers in government maybe could help.

Best,

Xavier

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Xavier CAILLEAU
Chargé de mission partenariats et GLAM
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Le 19/10/2022 à 09:38, Ariadna Matas a écrit :
Hi all,

I'll using the opportunity to invite you all to join our next Policy Office Hours from the Europeana Copyright Community, on 25
October 2022 at 13h CET. We'll focus on article 14 - so looking at a post art. 14 world and at the policy and practical implications of digital collections management in cultural heritage institutions. We'll have Andrea Wallace as guest and it'll be moderated by Fred Saunderson.

It will be an informal conversation to discuss precisely the type of questions that Eric raises in the email!

More info in this link https://pro.europeana.eu/event/policy-office-hours-a-post-article-14-world

Best,

Ariadna

On Tue, 18 Oct 2022 at 19:01, Eric Luth <eric.luth@wikimedia.se> wrote:
Hi Xavier,

Thanks for this, I must say that this work is really impressive! 
I have only quickly skimmed through the report, but I saw this recommendation: 
"Préconisation 7 Ne pas appliquer un droit d’auteur à des œuvres ou des reproductions d’œuvre appartenant au domaine public."

I also saw somewhere a reference to article 14 and the EU Copyright Directive, according to which you cannot claim copyright or a related right on a reproduction of a work of visual art in the public domain. 

Are you planning to make any use of Article 14 while advocating for recommendation 7? Sweden is just going to vote on the EU Copyright Directive, and we are currently thinking about how to use Article 14 as a leverage for more open content. Would be interesting to hear your thoughts.

Best, 
Eric Luth
Projektledare engagemang och påverkan | Project Manager, Involvement and Advocacy
Wikimedia Sverige
+46 (0) 765 55 50 95

Stöd fri kunskap, bli medlem i Wikimedia Sverige.
Läs mer på blimedlem.wikimedia.se


Den tors 13 okt. 2022 kl 16:49 skrev Xavier Cailleau via Open-GLAM <open-glam@lists.wikimedia.org>:

Hi everyone,


i would like to share some quite important GLAM informations from Wikimedia France. We are working on open content projects since several months and are pleased to present a report relative to open content in french GLAMs and the « Label Culture Libre » which will be open for applications from 27 October 2022.


This label will be the first one in France dedicated to cultural institutions that integrate open content and Wikimedia projects in their digital practices. This project is part of a global initiative to raise awareness of open content, the first step of which was the publication of the open content report, produced by the Phare agency on behalf of and in partnership with Wikimedia France. Wikimedia France's open content strategy will be completed by the creation of an observatory in 2023.

In order to better understand the stakes of the label and the steps to apply, we propose a special webinar on November 24, 2022 to the french GLAM.

Please, find a quick presentation of the projects below.


Label Culture Libre

In order to support and promote these initiatives, Wikimedia France has developed the Label Culture Libre, the first label aimed at museums, libraries and archives, which rewards open content and collaborative digital initiatives.

From the choice of the free license to the use of collaborative digital tools, this path expresses the convergence of the operational needs of cultural institutions and the evolution of the general public's uses.

The Label Culture Libre is supported by our partners: Creative Commons France, Club Innovation & Culture CLIC France, and inno3.


Open content report

The "Report on open content in cultural institutions in France - State of play of digital practices and open content" proposes to evaluate the state of play, the scope and the promises made by open content in France. On April 26, 2022, Wikimedia France and the Phare agency proposed a restitution of the work to 130 cultural actors, at the National Institute of Art History, in Paris.

The report gives an overview of the practices and explores the motivations, obstacles and circumstances of these practices. It is also a guide of good (and bad) practices.

Among its findings, we discover that an average of 85% of GLAMs (Galleries, Libraries, Archives, Museums) digitize their works and 76% put them online. On the other hand, only one third (31%) of the institutions adopt free licenses.

The study goes beyond the panorama and proposes perspectives for the future as well as a few ways to adapt GLAM to the new uses of collaborative digital technology.


The report is in french for the moment but we are working on a translation project. It is available here : https://w.wiki/56wz.


If someone want more infos, i'll be glad to discuss about it.


Best regards,

Xavier

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Xavier CAILLEAU
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