Extended Collective Licensing CBSS Polish Presidency Ministry of

Extended Collective Licensing • CBSS Polish Presidency • Ministry of Culture and National Heritage of the Republic of Poland • Martin Henry • @martinallenh • Martin. henry@ei-ie. org

Puppets Count • Think back to the puppet stories • Speak unspeakable truths • Comment on the nature of creative endeavor • Teaching a creative art as well as a pedagogical science

EI • • • Education International is the voice of teachers and education employees across the globe. It is the world’s largest federation of unions, bringing together 395 education unions in 173 countries and territories, with a combined membership of 32 million professionals from early childhood education through tertiary education. We advocate for quality education for all and for highly qualified and motivated teachers and other education professionals to help build a better future for everybody. Education is a basic human right. Our school systems are a collective responsibility and must be publicly funded and accessible to all. Trained, qualified, motivated and supported teachers and education support personnel are key to quality education. Raising professional standards; improving the status of teachers; pursuing the rights and equality agenda; building and strengthening independent education unions in all nations; these are the core assignments of Education International.

Collective Copyright Counts • Collective copyright counts for teachers • The Nordic model was a neat solution • Teachers got access to resources • Companies/Organisations got some money

Custom and Practice • Sprung from the Nordic model as far away as New Zealand with free copying • Up to 20 pages of text for educational purposes • Teachers were happy • The companies/organisations were getting some money and recognition

EI supports copyright exceptions • There should be copyright exceptions as there have been for: • Educational and • Research use • Some countries do this under ECL

The run of capital • An educational agreement is sound • Companies/organisations want more money • IP and copyright for musicians escalate as business issues • Musicians losing money from illegal downloads look elsewhere for money • Dunedin parable

Educational Market Place • The ‘customers’ both teachers and students are a captured market • Under collective arrangements they can’t go elsewhere for the product • This creates monopolistic conditions • It becomes possible to raise the price

Balance Sheets • Collective copyright arrangements are taken from the public purse • As long as companies see educational as not for profit this may be ok • Improving private balance sheets with public money is NOT ok

´´rent seeking´´ behaviour • A school or university is charged fees for all materials it accesses • Not just the materials of the property owner group • This inlcudes orphan works that should be accessible under fair dealing

Archive Material • Notes and letters produced on a non commercial basis • Journals, diaries etc • To pay a collecting society for this material is clearly absurd • It was never produced to make money

Teachers’ rights • Teachers are of course also knowledge producers • They have rights around IP and the books they write • Copyright looks different from an individual perspective

Who Benefits? • Not for profit arrangements make sense in education • Can this be seen as a collective good? • How do we deal fairly with individual (as opposed to corporate) knowledge producers?

Privatisation agenda • Despite the clear economic focus this model in some areas is verging on the absurd • Deadweight loss moves into view (tax of 100%) • It may be more finacially debilitating to digitise works than to leave them in individual libraries

He who pays the piper • The taxes collected by ECL may not go to individaual creators therefore providing no incentive for further creation • This is tax on orphan works in the public domain • Let`s think again

Quality Education • Quality teaching • Quality tools • Quality environments for teaching and learning • Quality resources • Quality professional learning • Quality dialogue