Codes of best practices in creative reuse: making copyright flexibilities a viable option for creators

Copyright law offers creators several opportunities to lawfully copy existing works without permission from the copyright owner, including copyright exceptions. As an essential part of the copyright system, exceptions are intended to allow uses that the legislator considers to be socially, culturally, politically or economically beneficial, such as education or the creation of parodies, among others. However, due to the complexity and ambiguity of legal notions embedded in these provisions as well as the lack of or limited case law around them, the scope of application of exceptions is often uncertain. As a result, exceptions are often not a viable option for creators. The ReCreating Europe project ‘Developing best practice codes for creative audiovisual reuse’ aims to help creators make informed decisions around the lawful reuse of audiovisual works while giving sector-specific meaning to some of the ambiguous notions embedded in European copyright exceptions. The project has developed codes of best practices for two creative communities across two jurisdictions: documentary filmmakers and creators of immersive experiences based on digital cultural heritage in the UK and the Netherlands. The authors will present the methodology and the main findings of the project, and discuss the role that these initiatives can play in making copyright flexibilities a viable option for creators.