Open Rights System ORS Contents Page 1. Scope and Objectives 3 2. Consortium and Roles of Participants 3 3. Product Developed and Work Carried Out 3 4. Results 4 4.1 ORS Portal 4 4.2 ORS Management modules. 6 4.3 ORS interfaced standard database structure 7 5. Obstacles 8 6. Dissemination of Results 8 7. Plans for Commercial Exploitation 8 7.1 ORS Phase II 8 7.2 ORS Phase III 9 8. Generic issues/Suggestions for Community Initiatives 9 ORS Open Rights System Open Rights System is a project of Multimedia Rights Clearance Systems (MMRCS) supported by the INFO 2000 programme of the European Commission. 1. Scope and Objectives The aim of ORS is to construct a prototype software which helps to enable users of Intellectual Property rights to obtain from rights holders or their representatives the necessary authorisation for such uses without imposing to both users and right holders any form of management of these rights. ORS is therefore compatible with the wish of some right holders to directly manage their rights and with the wish of other right holders to manage their rights collectively through one stop shops. Although the project is designed to cover all objects or works protected by Intellectual Property Rights (text, still images, moving images, recorded music, films and audiovisual works), the test of the prototype software has been made for the clearance of rights of phonogram producers only. 2. Consortium and Roles of Participants The consortium created for the ORS project includes representatives of users (CRYO Interactive and SELL) and representatives of right holders (IMAGIA, PPL, SCPP, SIMIM). CRYO Interactive is one of the main multimedia and games software developer in France. SELL represents French multimedia and games software producers covering some 95% of the French market IMAGIA and SIMIM are Belgian collecting societies of music video producers and phonogram producers. PPL is a collecting society of phonogram producers of the United Kingdom. SCPP is a French collecting society of phonogram producers. All partners played a role in the prototype software design and development as well as in the test of the prototype software. SCPP is the co-ordinator of the project. 3. Product Developed and Work Carried Out The ORS prototype software is made of three essential parts: A portal, where users are helped to find the right holders organisations, called “entities, that can either give them the right clearance they are looking for or supply them with information on the right holders that can give them such rights clearance. The portal also handles some files that makes the use of ORS more comfortable such as: user file, wish list (objects or works identified in an entity database), projects list (information on the use for which the rights clearance is requested), requests status (enables the user to follow the status of the requests for rights clearance he has made to the different entities). an ORS interfaced standard database structure, that allows the functioning of the ORS management modules with many different entities managing many different rights using many different database structures. the ORS management modules, that allows the user, for an ORS interfaced entity, to : – search objects or works in the entity database, – identify objects or works in the entity database (consultation of excerpts or small size reproductions), – receive an information on the rights clearance tariff (if applicable), – enter into a negotiation on the terms of the rights clearance (if it is not based on a tariff), – eases the contact with the right holder (in case the right holder manages directly the rights clearance) – request the rights clearance to the entity (when it is managed by the entity) – automatically generate a draft contract at the entity level, – receive an information on the status of its requests sent to the different entities. The ORS prototype software has been developed by Audiosoft, a Swiss company specialised in Digital Rights Management Systems. The work has been performed from December 98 to November 2000. Dissemination activities are scheduled until February 2001. Searches were made by SCPP, PPL and SIMIM to identify and obtain information on all entities collectively managing Intellectual Property Rights in the European Union and EFTA countries. The results were checked by sister organisations operating in these countries. The test of the prototype software was made initially on an AUDIOSOFT server in Switzerland, then with the portal located at the AUDIOSOFT site in Switzerland and the ORS entity software installed on an SCPP server in France and finally on a single SCPP server. The test was performed on an extract of the SCPP database of phonograms enriched by sound clips and record sleeves for some phonograms. The test was also performed on the full SCPP database of phonograms. During the process of the development of ORS, the SCPP database of phonograms and videograms were made available on line on the SCPP Web Site. 4. Results 4.1 ORS Portal The ORS portal enables the user to identify 92 entities managing rights or having information on rights holders for the following countries and type of objects or works: Countries AUSTRIA BELGIUM DENMARK FINLAND FRANCE GERMANY GREECE ICELAND IRELAND ITALY LUXEMBURG NETHERLANDS NORWAY PORTUGAL SPAIN SWEDEN SWITZERLAND UNITED KINGDOM OBJECTS OR WORKS AUDIOVISUAL WORK DRAMATIC WORK LITERARY WORK MULTIMEDIA WORK MUSICAL WORK PHONOGRAM SHEET MUSIC VIDEOGRAM VISUAL ARTS WORK Detailed information is supplied on line to the user on each entity such as physical address, phone and fax number, e-mail address, URL, contact person info. More countries and type of objects or works can be added very easily. The entities currently available through the portal are: ADGP AEPI AGEDI AGICOA (Germany) AKM ALCS ANGOA AUDIOGEST LTD AUSTRO-MECHANA BONO BUMA BUS CCLI CEDAR CMMV COPY-DAN DACS DPRS EGEDA GEMA GRAMEX (Danemark) GRAMEX (Finland) GRAMMO GUFA GVL GWFF ICLA IFPI (Finland) IFPI SCHWEIZ IFPI (Sweden) IFPI VIDEO (SWITZE) IMAGIA IMRO KODA KUVASTO LINO LSG MCCI MCPS (Ireland) MCPS (U.K.) NCB NLA NORWACO OSDEL PPI PPL PROCIREP PROLITTERIS PRS SAA SABAM SACD SACD (BELGIUM) SACEM SADH SAIF SCAM SCAM (BELGIUM) SCELF SCF SCPP SDRM SENA SESAM SFF SFH / IFPI SGAE SIAE SIMIM SMCC SOFAM SPA SPPF SSA STEF STEMRA STIM SUISA SUISSIMAGE TEOSTO TONO UNIVERSAL EDITION VBK VDFS VEGAP VEVAM VFF VG BILD-KUNST VG WORT VGF VPL 4.2 ORS Management modules. The management modules of ORS allows the following functionalities, for an ORS interfaced entity such as SCPP. search of objects or works in the entity database using up to 5 criteria, identification of the object or work by text description and by samples, identification of the rights (types of uses) managed by the entity for each object or work identification of the right holders of the object or work, inclusion of the identified objects or works in a filed “wish list” to be used for a future acquisition of rights consultation of tariffs, for those types of uses for which a tariff applies, request for an acquisition of rights (right clearance) when a tariff is applicable. request for a negotiation of a licence fee when the type of use is managed by the entity but is not subject to a public tariff. When making such a request, the user can use information priority stored in a filed “projects list” and included it in his request for information. This avoids the user entering several times the same information about one or several of his projects for which he needs to clear the rights with several entities. Automatic generation of e-mail to the user to confirm the receipt by the entity of his request for acquisition of rights Automatic notification of the request received by the entity to the person in charge of managing the related use in the entity, Automatic generation of a draft contract for the requested use at the entity level. The draft contract can be edited by the entity before being sent to the user, Follow up of his requests status per entity such as : – Request processed – Draft contract sent – Contract signed – Payment outstanding – Object to the delivered – Request completed – Request cancelled. Some functionalities that were included in the initial project plan have voluntarily not been developed : storage of objects existing in a digital format, secured payment of rights, delivery of objects existing in a digital format. For security reasons, it is expected that those entities that would put in place such functionalities would like to select directly the related software. There were therefore high chances that the functionalities developed by ORS would not have been used by the entities. 4.3 ORS interfaced standard database structure In order to allow the portal files and the ORS management modules to be able to work with the very different databases of their very different entities, an ORS interfaced standard database structure was developed. This ORS interfaced standard database structure replaces the interfacing software that was to be developed for each entity in the initial project plan. The solution adopted by the ORS partners increases the flexibility of use of the ORS software and its capacity to adapt to different types of databases. The ORS portal files and management modules do not interact with the established database of the entity but with a partial copy of that database reclassified according to the ORS standard database structure. The entity that wants to join ORS does not need to change its ancient database structure in order to do so. It just needs to make the necessary links between the fields of its database and the one in the ORS standard database structure and make a copy of its existing database into the ORS standard database format. The ORS interfaced standard database structure has been developed for objects such as phonograms but has been designed in such a way that other types of objects or works can be handled with the same management modules. For example, the ORS search module can use up to five criteria. The software recognises the five criteria that have a different value with different type of entities: ORS Software criteria field Criteria 1 Criteria 2 Criteria 3 Criteria 4 Criteria 5 Phonogram entity field value Track title Artist Sound Carrier Barcode Not used Not used Visual arts Work entity field value Authors Title Subject Type Not used The criteria that are not used by some types of entities do not appear on the search screen. The development of the ORS interfaced standard database for visual arts works would just need to create the fields not already created for other type of objects or works and indicate the value of some ”agnostic” fields. 5. Obstacles The initial intention was to create an interface to other organisations’ software, enabling users to continue their search by transferring from one database to another. As the project progressed, the participants found it more practical and cost-effective to reclassify a partial copy of each rights holder database according to the standard ORS structure, using a series of simple links. This enables organisations to join ORS without the need to change their current database structure. 6. Dissemination of Results The main dissemination actions have been made or are planned for the period December 2000 – February 2001: 7. presentation of the ORS prototype software at the performance rights committee meeting of the IFPI on 4 December 2000 in Zurich, Switzerland. Representatives from all European collecting societies for phonograms producers attended the presentation together with representatives from the major record companies and senior executives of the IFPI. Presentation of the ORS prototype software to representatives of SESAM (one stop shop for authors rights) and PROCIREP (Film and audiovisual producers rights) on January 5 and 9, 2001. Presentation of the ORS software at the multimedia Fair MILIA in Cannes on 12 February 2001. These presentations are supported by commercial brochures and a follow up of the interest of the ORS project for the parties attending. Plans for Commercial Exploitation The partners of ORS have agreed on the principle of continuing the ORS project after the completion of the prototype software (phase 1). The future plans of ORS include 2 phases: 7.1 ORS phase II: Actual software development 2001 ORS phase III: Actual exploitation of ORS 2002 ORS Phase II This phase should be dedicated to the development of an actual ORS software from the current ORS prototype software. All partners of ORS phase I (Prototype software development) are free to participate or not participate to the following phases. New partners are welcome with a preference for organisations managing rights from other type of works or objects than phonogram or music videogram. The partners are to make their final decision on ORS phase II after the MILIA presentation in February 2001 7.2 ORS Phase III This phase is the actual exploitation of ORS. Again, new partners that did not participate in the first 2 phases are welcome to participate to the actual exploitation of ORS. 8. Generic issues/Suggestions for Community Initiatives The support from the European Commission has been instrumental in the decision of the boards of the partners organisations to develop the ORS project (phase I – Prototype software). An additional support from the commission for the actual ORS software project (ORS phase II) would also be instrumental in the decision to be made by the boards of the ORS partners organisations regarding the launch of ORS phase II. During the development of the ORS project, SCPP has made extensive research on the European Union collecting societies and their on line activities. Out of more than 100 collecting societies, none had in place any form of on line rights clearance systems. With the sole exception of SCPP databases, no other rights database is currently available on line. The SCPP database has been made available on line in December 1999 as a part of the ORS project. Without the initiative of the European Commission to launch the call for proposals for MMRCS (Multimedia Rights Clearance Systems) within the INFO 2000 programme, there are high chances that the only right database available on line would be those of some U.S. performance societies and that the plans of the ORS partners for an on line clearance of rights would be in their infancy. The partners of ORS therefore thank the European Commission for its remarkable initiative and welcome its continuation in the new European Commission planned programme COM 2000. Paris, December 14, 2000. Marc GUEZ SCPP(Co-ordinator)