More on Articles 8 through 11 of the new DSM Directive
On 2 December 2019, Communia published the Guidelines for the implementation of the DSM Directive. Ariadna Matas and Paul Keller have produced a Guide to Articles 8 through 11 of the DSM Directive, which govern the use, digitalisation and making available online of Out of Commerce Works (OOCWs) by Cultural Heritage Institutions (CHIs).
Article 8 of the new DSM Directive stipulates that member states must provide a legal solution to the CHIs in order to allow them to digitise and make available online OOCWs. This can be achieved either through licenses, provided by representative Collective Management Organisations, or through exceptions to copyright. Rights holders, whose works are digitised and made available under these provisions, can request the removal of their works from what has been made available through the license or the exception.
Article 9 stipulates that Article 8 mechanisms must be accessible in all EU Member States. Further, pursuant to Article 10, the European Union Intellectual Property Office – EUIPO shall establish and manage a public single online portal, where information on OOCWs will be available.
Article 11 states that Member States must organise a stakeholder dialogue in order to agree on requirements of what is considered an OOCW, and at the practical level to make licenses and the exception workable.
On September 16, 2023, Dr. Maja Bogataj Jančič participated in the event @Re:Source MAH – the 10th International Conference on Histories of Media Art, Science and Technology. The program was divided into various categories (“tracks”), specifically focusing on the documentation and preservation of media arts; climate change; pioneers of media arts; and the history of media arts in museums.
The U.S. Copyright Office has once again denied the registration of an artwork created by artificial intelligence. Artist Jason M. Allen was unsuccessful in his second attempt to register the artwork “Theatre D’opera Spatial” as a copyrighted work because it contains more than a de minimis amount of content generated by artificial intelligence (AI).
On Friday 23 June 2023, a webinar entitled “Copyright and Legal Basis for Generative Artificial Intelligence Training” was held as the inaugural event of an informal research network in the region in the field of copyright. Researchers from Slovenia, Croatia, Bosnia and Herzegovina, Serbia and North Macedonia participated in the event, which is part of the national Open Knowledge Day initiative and the national and regional coordination activities carried out by ODIPI under the auspices of Knowledge Rights 21.