Dear Michele and all,

it is right that DP in general and emulation specifically is affected by 
copyright law manifoldly. Unfortunately it is very little out there in 
regards to this.

For general understanding of the DSM directive this guideline was very 
helpful for me
https://www.notion.so/Guidelines-for-the-Implementation-of-the-DSM-Directive-45233be9c0e143338860ae5a03118bf3
whereas this could serve as a good introduction:
https://pro.europeana.eu/post/explainer-what-will-the-new-eu-copyright-rules-change-for-europe-s-cultural-heritage-institutions

Specific implications of the DSM directive for DP like emulation and 
copy protections (TPM) are touched in EFGAMPs statement, which we 
submitted to the German DSM stakeholder dialogue:
https://efgamp.eu/2020/02/14/dsm-directive-first-efgamp-statement-submitted/

Also I know from a joint statement of Dutch cultural organizations (like 
Institute for Sound & Vision) have submitted, which tackles several DP 
aspects. Maybe somebody more familiar with Dutch can find it on the 
resp. stakeholder dialogue site and send a link...

The good news is, that some more initiatives are on their way. For the 
German speaking countries nestor network is considering to provide a 
statement, too. Also some early talks with DP colleagues from the US are 
taking place, on which joint actions are considered.

Andreas


-- 
Andreas Lange
- COO -
EFGAMP e.V. (European Federation of Game Archives, Museums and 
Preservation Projects)
Spittastr. 13, 10317 Berlin, Germany
registered as non-profit under VR 32659 B

www.efgamp.eu
Twitter: @A_Lange_Berlin

Am 25.03.2020 um 16:03 schrieb Lindlar, Michelle:
> Dear Andreas, dear colleagues,
> 
> thanks for the link and information. I actually have two more basic questions for the list:
> 1. Is there an easy to understand (I don't speak legal, unfortunately) summary of the implications of the directive for digital preservation in general?
> 2. Is anyone else, aside from the video game preservation community, involved in digital preservation efforts in connection to the directive?
> 
> I would assume that there is a large impact on digital preservation in general, especially in connection to emulation.
> 
> Cheers,
> Micky
> 
> 
> Michelle Lindlar
> Technische Informationsbibliothek (TIB)
> German National Library of Science and Technology
> Digital Preservation
> Welfengarten 1 B // 30167 Hannover, Germany
> T +49 511 762-19826
> [log in to unmask]
> www.tib.eu
>      
> 
> -----Ursprüngliche Nachricht-----
> Von: Digital-Preservation Announcement and Information List [mailto:[log in to unmask]] Im Auftrag von Andreas Lange
> Gesendet: Montag, 23. März 2020 15:47
> An: [log in to unmask]
> Betreff: Out of Commerce Portal @ DSM directive
> 
> Dear colleagues, especially from the EU,
> 
> as you might be aware the ongoing update of copyright law in the EU
> (Directive on Copyright and Related Rights in the Digital Single Market
> (EU) 2019/790
> (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32019L0790&from=EN)
> has a strong focus on the needs of digital culture.
> 
> As provided for in the DSM directive, the European Union Intellectual
> Property Office (EUIPO) is responsible for establishing and managing a
> public single online portal for out-of-commerce works
> (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32019L0790&from=EN#d1e1084-92-1).
> The main purpose of the portal will be to provide access to information
> about out-of-commerce works that could be used under the new mechanisms
> introduced by the Directive and on those ongoing and future uses. The
> portal will be made available to the public by the deadline by which the
> Directive must be incorporated into the national legislation of the
> member states, which is 7 June 2021.
> 
> For the "video game" category of work EFGAMP is registered as
> stakeholder and is providing EUIPO with suggestions how to set-up the
> portal in a way, that institutional collectors of game heritage/ legacy
> can make use of the portal and the connected permissions/ exceptions
> from copyright law as effective as possible.
> 
> Since they are still open to become better connected with stakeholders
> from the software collecting community in regards of the already
> existing "software" category, it still would be possible to join the
> stakeholder dialogue. If you are interested please don't hesitate to ask
> further questions or send me a signal, that I can introduce you to the
> person in charge at EUIPO. I also could orally introduce this topic more
> at one of the next daily zoom meetings...
> 
> According to our experiences the collaboration is good and they are very
> open for 'digital needs'. From our games perspective I would love to
> strengthen forces with software collectors, since both sectors have a
> lot of analogies.
> 
> Kind regards,
> 
> Andreas
> 

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