Creative Commons Urges Copyright Office To Reconsider Extended Collective Licensing Program
Creative Commons (CC) urged the U.S. Copyright Office Friday to reconsider its proposed extended collective licensing (ECL) pilot program for mass digitization projects, saying in a filing that the fair use doctrine has actually been strengthened via recent court decisions…
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“that have increased the certainty with which a number of entities can engage in mass digitization.” The Authors Alliance has similarly urged CO to reconsider implementing ECL (see 1510090057). Other countries that have or are considering an ECL program “do not have a flexible and reliable exception or limitation on which those engaging in mass digitization can dependably rely,” CC said. ECL programs “have many drawbacks (such as the often low levels of representation among collecting societies, the existence of sectors without collective rights management, the difficulties of agreeing on remuneration, and the sometimes-opaque methods of distribution of licensing fees) that European cultural heritage institutions are willing to accept because they have no other option,” CC said. “U.S. institutions -- such as university libraries -- can rely on fair use.”