STOCKTON-BROWN, Melanie_Ph.D._2020
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STOCKTON-BROWN, Melanie_Ph.D._2020
Out-of-Commerce, Out of Mind: Widening Public Access to Out-of-Commerce Copyright Works in Film Archives through the DSM DirectiveMELANIE WEDNESDAY RO STOCKTON-BROWN, Melanie_Ph.D._2020OSE STOCKTON-BROWNA thesis submitted in partial fulfilment of the requirements of Bournemouth University for the degree ofDoctor of PhilosophyBournemouth UniversityDepartment of Humanities and Law. CIPPM Faculty of Media and Communication Bournemouth University44166Word count: 78,910 (excluding foot STOCKTON-BROWN, Melanie_Ph.D._2020notes)This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with itsSTOCKTON-BROWN, Melanie_Ph.D._2020
author and due acknowledgement must always be made of the use of any material contained in. or derived from, this thesis.2Abstract:Art. 8 of the EU CoOut-of-Commerce, Out of Mind: Widening Public Access to Out-of-Commerce Copyright Works in Film Archives through the DSM DirectiveMELANIE WEDNESDAY RO STOCKTON-BROWN, Melanie_Ph.D._2020provide public access to these copyright works in certain circumstances. Art. 8 enables CHIs to obtain licences from collective management organisations ("CMOS"), avoiding the need to negotiate with each individual rightholder. Art. 8(2) expands this and enables CHIs to make out-of-commerce works av STOCKTON-BROWN, Melanie_Ph.D._2020ailable for noncommercial purposes W'ithout seeking the rightholder’s permission where there is no representative CMO. This thesis addresses to what eSTOCKTON-BROWN, Melanie_Ph.D._2020
xtent Art. 8 can successfully benefit film archives and the existing practices of film archivists in widening public access to film heritage.This reseOut-of-Commerce, Out of Mind: Widening Public Access to Out-of-Commerce Copyright Works in Film Archives through the DSM DirectiveMELANIE WEDNESDAY RO STOCKTON-BROWN, Melanie_Ph.D._2020l and comparative legal analysis has been conducted to explore whether the new provisions are compatible with the existing EU copyright acquis and international copyright obligations. An ethnographic study of the national film archives of the UK and the Netherlands, as well as a regional film archiv STOCKTON-BROWN, Melanie_Ph.D._2020e in the UK. was conducted to explore existing film archival practices and how Art. 8 might best be incorporated into these practices.This research maSTOCKTON-BROWN, Melanie_Ph.D._2020
kes an original contribution to knowledge through the doctrinal and comparative holistic legal analysis of Art. 8 of the DSM Directive, including propOut-of-Commerce, Out of Mind: Widening Public Access to Out-of-Commerce Copyright Works in Film Archives through the DSM DirectiveMELANIE WEDNESDAY RO STOCKTON-BROWN, Melanie_Ph.D._2020concerning film archives and their copyright archival practices, and how likely they are to make use of Art. 8 within these existing practices. A copyright regime of archival practices is formulated in this thesis, which can be utilised in future research within film archives and CHIs more widely. T STOCKTON-BROWN, Melanie_Ph.D._2020his thesis makes a conceptual contribution to the existing literature through reframing making out-of-commerce works available as a mechanism to addreSTOCKTON-BROWN, Melanie_Ph.D._2020
ss the historic exclusion of certain communities from the archive, as well as the distortion of the digital skew. In addition, this thesis offers a3meOut-of-Commerce, Out of Mind: Widening Public Access to Out-of-Commerce Copyright Works in Film Archives through the DSM DirectiveMELANIE WEDNESDAY RO STOCKTON-BROWN, Melanie_Ph.D._2020 works.It was found that there are a number of legal and practical issues to incorporation into archival practice. This stems from the meanings, competences and materials present within the film archives, using a practice theory lens. Overall, the doctrinal and comparative legal analysis found that STOCKTON-BROWN, Melanie_Ph.D._2020there are issues of ambiguity within Art. 8 that will need to be addressed in the national implementations in order to be successful. The rightholderSTOCKTON-BROWN, Melanie_Ph.D._2020
opt-out presents a fundamental departure from copyright doctrine; and is also incompatible with the desire from film archives to uphold rightholder reOut-of-Commerce, Out of Mind: Widening Public Access to Out-of-Commerce Copyright Works in Film Archives through the DSM DirectiveMELANIE WEDNESDAY RO STOCKTON-BROWN, Melanie_Ph.D._2020are likely to be out-of-commerce. If concerns relating to the incorporation of Art. 8 into archival practice can be addressed, this could be a significant step forward in widening public access to cultural heritage.4Table of ContentsABSTRACT:.......................................................... STOCKTON-BROWN, Melanie_Ph.D._20203FIGURES AND TABLES................................................12ACKNOWLEDGEMENTS..................................................13AUTHOR’S DECLSTOCKTON-BROWN, Melanie_Ph.D._2020
ARATION..............................................14CHAPTER 1: INTRODUCTION...........................................161.1Introduction............Out-of-Commerce, Out of Mind: Widening Public Access to Out-of-Commerce Copyright Works in Film Archives through the DSM DirectiveMELANIE WEDNESDAY RO STOCKTON-BROWN, Melanie_Ph.D._2020......................221.4Research Question.............................................241.4.1Aims......................................................251.5Scope of the Research.........................................261.6Contribution to Knowledge.....................................281.7Overvie STOCKTON-BROWN, Melanie_Ph.D._2020w of Thesis structure..................................32CHAPTER 2: METHODOLOGY AND THEORETICAL UNDERPINNING...............35Out-of-Commerce, Out of Mind: Widening Public Access to Out-of-Commerce Copyright Works in Film Archives through the DSM DirectiveMELANIE WEDNESDAY ROOut-of-Commerce, Out of Mind: Widening Public Access to Out-of-Commerce Copyright Works in Film Archives through the DSM DirectiveMELANIE WEDNESDAY ROGọi ngay
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