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Today the European Parliament passed with an overwhelming majority – 531 voting in favor, 11 against and 65 abstentions – a compromise proposal for a directive on certain permitted uses of orphan works. In Europe, orphan works are a much greater problem than, for example, in the USA, because European copyright has for a much longer time featured automatic protection. As a consequence, finding rights holders is more difficult than in the USA, where works had to be registered until the end of the 1980s. And due to ever-longer protection terms, the number of orphan works is going to increase even further every year, making access to our common cultural heritage increasingly difficult.

The so-called orphan works directive addresses the problem by allowing public-sector institutions such as libraries, museums, archives, educational establishments and film heritage institutions to digitize and publicize orphan works after conducting a “diligent search”. What constitutes a “diligant search” is outlined in more detail in a “Memorandum of Understanding on Diligent Search Guidelines for Orphan Works”.

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The question whether and how NGOs or transnational social movements can be considered as productive parts of something like a global democratic governance or even an evolving cosmopolitical order has bothered many scholars sofar. In absence of a fixed nation state framework, including clear-cut geographical representation chains, some scholars even deny the attempt to understand transnational activism as a form of promoting democracy across borders.
“Deliberative Politik von unten” is not genuinely dealing with transnationalism in specific. However, I suggest the innovative research method is worth taking a serious look at for all researchers which are interested in measuring deliberation in transnational small groups settings; this book helps one to go transnational with Habermas. Read the rest of this entry »

The Book

Governance across borders: transnational fields and transversal themes. Leonhard Dobusch, Philip Mader and Sigrid Quack (eds.), 2013, epubli publishers.
September 2012
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