Policy on dissemination, sales and copyright of CEN-CENELEC Publications

This Guide sets out the policy for the copyright, dissemination and sale of CEN-CENELEC Publications at all stages of their development, together with their national implementations and national products containing them, in all formats, distributed by all media and in all language versions in all territories.
This Guide establishes practices in line with competition law and with the World Trade Organization (WTO) criteria regarding dissemination of adopted standards under the openness criterion and the criterion on effectiveness and relevance in terms of availability to users.
This Guide replaces CEN-CENELEC Guide 10:2015.

Politika razširjanja, prodaje in avtorskih pravic za publikacije CEN-CENELEC

General Information

Status
Published
Publication Date
13-Feb-2018
Technical Committee
Current Stage
6060 - National Implementation/Publication (Adopted Project)
Start Date
01-Feb-2018
Due Date
08-Apr-2018
Completion Date
14-Feb-2018

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SLOVENSKI STANDARD
SIST-V CEN/CLC Guide 10:2018
01-marec-2018
Politika razširjanja, prodaje in avtorskih pravic za publikacije CEN-CENELEC
Policy on dissemination, sales and copyright of CEN-CENELEC Publications
Ta slovenski standard je istoveten z: CEN/CLC Guide 10:2017
ICS:
01.120 Standardizacija. Splošna Standardization. General
pravila rules
SIST-V CEN/CLC Guide 10:2018 en,fr,de

2003-01.Slovenski inštitut za standardizacijo. Razmnoževanje celote ali delov tega standarda ni dovoljeno.

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CEN-CENELEC
GUIDE
Policy on dissemination,
sales and copyright of CEN-
CENELEC Publications
Edition 4, 2017-11
(Supersedes CEN-CENELEC Guide 10:2015)

CEN and CENELEC decided to adopt this CEN-CENELEC Guide 10 through CENELEC/AG Decision

AG58/C04 and CEN/AG Resolution AG Resolution 35/2017 both taken by correspondence in

November 2017 respectively.
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European Committee for Standardization
Tel: +32 2 550 08 11
Fax: +32 2 550 08 19
European Committee for Electrotechnical Standardization
Tel: +32 2 550 08 11
Fax: +32 2 550 08 19
Rue de la Science 23
1040 Brussels – Belgium
www.cen.eu
www.cenelec.eu
www.cencenelec.eu
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Contents Page

Introduction ............................................................................................................................................ 4

1 Scope ............................................................................................................................................ 5

2 Terms and definitions ................................................................................................................. 5

3 Guiding principles ....................................................................................................................... 8

4 Copyright ..................................................................................................................................... 9

4.1 General ......................................................................................................................................... 9

4.2 Copyright ownership .................................................................................................................. 9

4.3 Exploitation rights ....................................................................................................................... 9

4.4 Protecting copyright ................................................................................................................. 10

4.5 Copyright statements and watermarking ............................................................................... 10

4.6 Digital Rights Management (DRM) .......................................................................................... 11

4.7 Adoption of a Publication of a Standards Developing Organization ................................... 11

5 Distribution and dissemination of Publications .................................................................... 11

5.1 Fundamental principles ............................................................................................................ 11

5.2 Role of CCMC ............................................................................................................................ 11

5.3 Role of Members ....................................................................................................................... 11

5.4 Marketing ................................................................................................................................... 12

6 Third party distributors............................................................................................................. 13

7 Sponsored access..................................................................................................................... 13

8 Distribution of CWAs in the R&D and ICT domains (prepayment policy) ........................... 14

9 Reproduction requests received by Members ....................................................................... 14

9.1 Multi-user Licences (Network Licences) and other licences ................................................ 14

9.2 Fair practice ............................................................................................................................... 14

9.3 Requests from National Standardization Bodies and National Committees of third

countries and other third parties ....................................................................................................... 15

10 Reproduction requests received by CCMC ............................................................................ 15

10.1 General ....................................................................................................................................... 15

10.2 Fair practice ............................................................................................................................... 15

10.3 Multi-user licenses (Networking licences) and other licences ............................................. 15

10.4 Requests from Affiliates, CSBs and National Standardization Bodies and National

Committees of third countries ........................................................................................................... 15

11 Language Versions ................................................................................................................... 16

11.1 Official language versions ....................................................................................................... 16

11.2 Definitive language versions ................................................................................................... 16

11.3 Other language versions .......................................................................................................... 16

Annex A Access to standards paid by a sponsor ............................................................................ 17

Annex B Requests received by CCMC for distribution of European Standards for

implementation or reproduction by Affiliates, CSBs, National Standards Bodies (NSB) and

National Committees (NC) from other third countries and Regional Standards Organizations . 18

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Introduction

The exploitation of copyright in CEN and CENELEC Publications is a main source of income for the

majority of Members and a cornerstone of the sustainability of the CEN-CENELEC standardization

system.

Therefore, sales must be based on commercial principles and conducted in a way that secures the

value and content of the Publications to CEN, CENELEC, their Members and the end users.

Members and all other organizations that sell and disseminate CEN-CENELEC Publications must also

ensure that they do their best to protect the value of CEN-CENELEC Publications.

Compliance with this Guide is mandatory for CEN-CENELEC Members, Affiliates, Companion

Standardization Bodies, the CEN-CENELEC Management Centre, other recognized stakeholders and

any distributor or licensee of these parties.
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1 Scope

This Guide sets out the policy for the copyright, dissemination and sale of CEN-CENELEC

Publications at all stages of their development, together with their national implementations and

national products containing them, in all formats, distributed by all media and in all language versions

in all territories.

This Guide establishes practices in line with competition law and with the World Trade Organization

(WTO) criteria regarding dissemination of adopted standards under the openness criterion and the

criterion on effectiveness and relevance in terms of availability to users.
This Guide replaces CEN-CENELEC Guide 10:2015.
2 Terms and definitions
For the purposes of this Guide, the following terms and definitions shall apply:
2.1
affiliate

according to CEN-CENELEC Guide 12 “The concept of Affiliation with CEN and CENELEC”

2.2
available free of charge

making a Publication available to the general public or to any target group without any form of

payment
2.3
CEN-CENELEC
CEN or CENELEC, or CEN and CENELEC jointly, depending on the context
2.4
CEN-CENELEC Management Centre
CCMC
Management Centre of CEN and CENELEC or its staff, according to context
2.5
CEN/CENELEC Workshop

working platform open to the participation of any interested parties for elaboration of CEN/CENELEC

Workshop Agreements (see also CEN-CENELEC Guide 29 on “CEN/CENELEC Workshop
Agreements)
2.6
CEN/CENELEC Workshop Agreement (CWA)

CEN/CENELEC agreement, developed by a Workshop, which reflects the agreement of identified

individuals and organizations responsible for its contents. It is a document made available by

CEN/CENELEC in at least one of the official languages (see CEN-CENELEC Guide 29)
2.7
copyright

rights given to creators for their literary and artistic works (World Intellectual Property Organization

[WIPO] definition)
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2.8
definitive language version

publication translated by a CEN-CENELEC Member, Affiliate or Companion Standardization Bodies

from an official language version into its national language(s), the accuracy of which has been certified

in accordance with the CEN-CENELEC Internal Regulations
2.9
definitive text

text of a Publication disseminated by CCMC, after approval of a CEN-CENELEC Publication

2.10
dissemination
circulation of CEN-CENELEC Publications between CCMC and Members
2.11
distributor

third party appointed by a Member to assist in the national or transnational distribution of Publications,

but not involved in the preparation and drafting of Publications

Note 1 to entry: For the purposes of this Guide, a Member acting as a distributor for another Member shall not

be regarded as a distributor.
2.12
ETSI

European Telecommunications Standards Institute, responsible for the development and publication of

European telecommunication standards
2.13
European Standard

normative document adopted and made available by CEN-CENELEC in the three official languages

and disseminated by CCMC to the Members for implementation as an identical national standard, as

referred to in the CEN-CENELEC Internal Regulations Part 2 Clause 1.2 (see 2.27)
2.14
exploitation right

right given by a rights-holder (licensor) to a third party (licensee) to exploit the content of a

copyrighted work
2.15
fair practice

as recalled in Article 10 of the Berne Convention, condition under which CEN and/or CENELEC and

their Members can allow the use of extracts of their copyrighted Publications by third parties without

payment of royalties
2.16
IEC

International Electrotechnical Commission, responsible for the development and publication of

International electrotechnical Standards
Note 1 to entry: All CENELEC Members are members of IEC.
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2.17
ISO

International Organization for Standardization, responsible for the development and publication of

International Standards.
Note 1 to entry: All CEN Members are members of ISO.
2.18
Joint Commercial Advisory Group
JCAG

joint committee of CEN and CENELEC advising on all issues relating to the dissemination, sales and

copyright of Publications
2.19
Member
CEN National Standardization Body (NSB) and CENELEC National Committee (NC)
2.20
metadata

data that helps describe or identify Publications, including titles, designations, abstracts, editions,

dates of publications and other descriptive elements, as compiled and structured by CEN-CENELEC

and their Members
2.21
multi user licence (networking licence)

licence granting a customer organization the right to store or access the electronic copy of a

Publication for internal use only and to share the Publication with colleagues based on an agreement

with commercial terms
2.22
national designation

national identification of a Member, not necessarily identical to its acronym, added as a prefix to the

European designation to all pages of the national implementation of a Publication

Note 1 to entry: see CEN-CENELEC Internal Regulations Part 3, Annex ZC.2.
2.23
national identifier

Acronym, abbreviation or the name of a Member which is added as national identification to all pages

of any Publication
2.24
national implementation

process of giving a CEN-CENELEC Publication the status of a national publication, identical in

technical content and presentation (except translation) either by publication of an identical text or by

endorsement, as defined in the CEN-CENELEC Internal Regulations Part 2
2.25
national language
language(s) officially spoken in a national territory
2.26
national territory

country in which a Member, Affiliate, Companion Standardization Bodies or otherwise has its

principal seat of operations, together with any of the country’s territories outside its main boundaries

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2.27
official language version

publication prepared in one of the three official languages of CEN-CENELEC (English, French and

German) in accordance with the CEN-CENELEC Internal Regulations
2.28
Companion Standardization Body (CSB)

according to CEN-CENELEC Guide 13 “The concept of Companion Standardization Body with CEN

and CENELEC”
2.29
(CEN or CENELEC) Publication

documents as referred to in the CEN-CENELEC Internal Regulations Part 2 Clause 1.2 (except CEN-

CENELEC Guides) including International Standards implemented as European Standards, together

with their national implementations and definitive language versions, and any other CEN-CENELEC

documents as might be identified
2.30
sponsored access

online read-only access to selected Publications to a specified user group free of charge, prepaid by a

third party sponsor
2.31
regional standards organization

organizations normally composed of National Standardization Bodies (NSB) and/or National

Committees (NC) from countries in a defined region or sub-region of the world, whose primary

activities are to develop, coordinate, produce and distribute regional standards addressed to the users

of that region or sub-region
Note 1 to entry: For example AMN, ARSO, COPANT, EASC, GSO.
2.32
third country

countries and regions in which the National Standardization Body (NSB) or National Committee (NC)

is not a CEN-CENELEC Member, Affiliate or CSB
2.33
R&D domain

Within the context of this Guide refers to those Research and Development projects that are usually

funded by specific programmes of the European Union and/or EFTA, such as under Horizon 2020 or

FP7 programmes.
2.34
XML

Extensible Mark-up Language (XML) defining a set of rules for encoding documents in a format that is

both human-readable and machine-readable, enabling multiple publishing options and other

applications for a variety of different purposes
Note 1 to entry: For example print version, PDF, web representations.
3 Guiding principles

3.1 One of the main objectives of CEN and CENELEC and their Members is the widest possible

dissemination and use of their Publications throughout Europe and the rest of the world. The CEN-

CENELEC Management Centre (CCMC) and the Members have complementary roles in meeting this

objective.
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3.2 Whilst Members’ activities can be funded in accordance with their local statutes and rules, the

commercial exploitation of the Publications is fundamental to the maintenance and sustainability of

CEN, CENELEC and their Members’ activities.
3.3 CEN and CENELEC are funded primarily by the subscriptions of the Members.

3.4 CEN and CENELEC Publications are voluntary documents containing intellectual property of

demonstrable economic value which are protected by national laws and international agreements,

even where they are supporting public policies or referenced in technical regulations.

3.5 All Members, Affiliates, CSBs, recognized stakeholders and other identified partners have an

obligation to protect the value of the Publications and to ensure that they and their distributors and

licensees are in full compliance with the terms and procedures set out in this Guide

3.6 Any issue that is not covered by this Guide or related documents shall be referred to the CEN-

CENELEC Director General, who may seek the advice of the relevant governing bodies of CEN and

CENELEC.

3.7 The laws of Belgium shall be applicable in all matters concerning copyright, exploitation right,

sales and dissemination of Publications where CEN-CENELEC are directly involved.
4 Copyright
4.1 General

This section complements Clause 9 of the CEN-CENELEC Internal Regulations - Part 2.

4.2 Copyright ownership
CEN and CENELEC have the copyright in all their respective Publications.

Publications, including their entire content and their associated metadata, as compiled and structured

in the databases of CCMC and the Members, together with their national implementations, are works

constituting individuality and originality and are therefore copyright-protected under the laws of

Belgium, which is the country of origin of the works.

In order to ensure that CEN and CENELEC can claim copyright in all their Publications, all participants

in the CEN-CENELEC Technical bodies, Working Groups and Workshops that develop Publications

assign the copyright in their individual contributions to CEN and CENELEC for the benefit of their

Members by signing copyright assignment statements in accordance with the Belgian law on

copyright.

Copyright may be shared with other organizations (such as ISO, IEC and ETSI) on the basis of

bilateral agreements that may be concluded with these organizations. The terms of any such

agreement shall not deviate from the principles and the sales and dissemination rights set out in this

Guide, except as may be authorized by the respective CEN and CENELEC Boards.
4.3 Exploitation rights

CEN and CENELEC assign the right to exploit Publications to each individual Member by means of a

specific bilateral Exploitation Agreement.

Members have thus the exclusive right within their own territories, and the non-exclusive right in the

territories of third countries, to distribute, sub-distribute, adjust, translate, rent, lend, derive revenue

from duplication and loan, communicate to the public in total or in part, in summary or with comments,

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transfer all exploitation licences and authorize all sub-licences and otherwise exploit the Publications

and their national implementations.

CEN and CENELEC also assign the right to exploit Publications to each Affiliate, CSB and other

identified National Standardization Body and National Committee of third countries, or regional partner

by means of a specific bilateral exploitation agreement and conditions as detailed in Annex B of this

Guide.

Notwithstanding legal obligations of Members, Affiliates, CSBs and other identified National

Standardization Bodies and National Committees of third countries, such as the provision of

Publications to the national deposit library, all new requests to make Publications publicly accessible

shall be addressed in accordance with Clause 7 and Annex A of this Guide.

It should also be reminded that any public accessibility of a Publication granted by a Member, if any,

does not mean that the copyright in that Publication has been waived by CEN-CENELEC or the

Member.
4.4 Protecting copyright

Members, Affiliates, CSBs and other identified partners shall exercise the exploitation rights in

accordance with the provisions of this Guide and in a way that:
• protects the integrity and value of the Publications;
• safeguards the interests of CEN-CENELEC and their members;

• recognizes the value of the intellectual property that they contain and the costs of their

development and maintenance to CEN-CENELEC and their Members.

CCMC, Members, Affiliates, CSBs and other identified partners shall therefore regularly inform users

that Publications are protected by copyright and that this copyright will be enforced, by legal means if

necessary.

They shall also take all reasonable opportunities to inform public authorities and regulators with whom

they come into contact that European Standards and other Publications are copyright protected

documents, developed through a voluntary process and that the reference of European Standards and

other Publications in laws and regulations does not extinguish any copyright asserted by CEN-

CENELEC.

CCMC shall take all actions it deems necessary to protect the copyright of CEN-CENELEC and shall

assist the Members, Affiliates, CSBs and other identified partners whenever it deems necessary.

4.5 Copyright statements and watermarking

Members, Affiliates, CSBs and other identified partners shall ensure that all products they sell or

distribute contain an appropriate copyright statement and the identification of the source.

Publications distributed in electronic form (e.g. pdf format), shall carry a watermark setting out at least:

• name of the Member, Affiliate or CSB;
• name of the licensee;
• date of the licence.
In addition, it may include, as appropriate:
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• web store order (order number);
• single user licence only, copying and networking prohibited.

CCMC shall ensure that Publications carry an appropriate personalized watermark when distributing

them to the European Commission and its Agencies and to other identified partners.

4.6 Digital Rights Management (DRM)

Members, Affiliates, CSBs and other identified partners may, at their own discretion, apply additional

DRM controls to protect Publications against unauthorized copying or networking.

Where one Member, Affiliate or CSB acts as a distributor for another Member, they may be required to

implement these additional DRM protections by mutual agreement of the parties concerned.

4.7 Adoption of a Publication of a Standards Developing Organization

In case CEN or CENELEC decides to adopt a Publication of a Standards Developing Organization

(SDO) with which there is no cooperation agreement in place, CCMC shall assess whether any

potential copyright and other commercial implications with this SDO may arise and, if necessary shall

seek JCAG advice.
5 Distribution and dissemination of Publications
5.1 Fundamental principles

Members, Affiliates, CSBs and other parties involved in the distribution of Publications or products

containing them, in any form or in any language, shall not make them available free of charge.

Any request to make Publications available free of charge shall be referred to the CEN or CENELEC

Administrative Board.

Any distribution arrangement that might conflict with this fundamental principle shall be notified to

CCMC for consideration by the CEN or CENELEC Administrative Board for their approval before it is

implemented.
5.2 Role of CCMC

CCMC is primarily responsible for the dissemination of definitive texts and XML files (or files of a

similar format) to the Members for the purpose of national implementation, and the distribution of

Publications to the European Commission and other specified European agencies and stakeholders.

CCMC is also responsible for the distribution of definitive texts to Affiliates, CSBs and National

Standardization Bodies,National Committees and other regional standardization bodies of third

countries as detailed in Annex B of this Guide.
5.3 Role of Members
5.3.1 General

Members are primarily responsible for distributing Publications in their own territories and have a

secondary responsibility for distributing their national implementation in the territories of third

countries.
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Members must implement European Standards as national standards in accordance with CEN-

CENELEC Internal Regulations and are licensed to distribute their national implementation in

accordance with this Guide.

Members are also licensed to produce products and services containing Publications and to sell them

in accordance with this Guide.
5.3.2 Dissemination of working drafts of Publications

The dissemination of all working drafts of Publications prior to Public Enquiry is restricted to the

participants and observers in the relevant technical bodies.
5.3.3 Distribution of drafts for Public Enquiry

Drafts for Public Enquiry must be distributed in a way that meets the requirements of the enquiry

process. They may be made available free of charge from the Member’s web site or from a dedicated

public commenting site for the duration of the enquiry period, after which they may be distributed on

the Member’s normal commercial terms. Drafts for Public Enquiry distributed in hard copy may be

subject to a handling charge at the Member’s discretion.
5.3.4 Dissemination of final drafts for approval

The dissemination of final drafts for approval is restricted to the participants and observers in the

relevant technical bodies. Only in exceptional cases final drafts for approval may be distributed on the

Member’s usual commercial terms. Final Drafts for Approval distributed in hard copy may be subject to

a handling charge at the Member’s discretion.
5.3.5 Distribution of definitive texts of European Standards

Members may distribute definitive texts to end users as an interim measure for a limited period of time,

pending the publication of the national implementation. In such cases, they shall not be represented

as national implementations or as having the same authority as national implementations.

5.3.6 Distribution of national implementations of European Standards

National implementations must carry a national designation on all pages, which must be used in any

reference to them in the Member’s literature or databases or in the literature or databases of the

Member’s distributers or licensees. National implementations of European Standards shall be

distributed in accordance with this Guide.

This practice shall apply to all new and revised European Standards starting from November 2017.

5.3.7 Distribution of other Publications

Members may distribute other Publications at their own discretion in accordance with this Guide.

5.3.8 Distribution of XML files

Distribution of XML files (or files of a similar format) by a Member to third parties shall be subject to

strict contractual requirements which exclude further distribution and which protect their value and the

investment made by CEN-CENELEC in their preparation.
5.4 Marketing

Each Member is encouraged to actively market European Standards and other Publications (or

products containing European Standards and other Publications) in their own national territories, and

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may actively market in the territories of third countries, as licensed by CEN or CENELEC and in

accordance with their Exploitation Agreements and this Guide. If a Member receives an order for a

Publication (or a product containing Publications) from a customer located in the national territory of

another Member, it may fulfil this order.

However, Members shall not actively market Publications (or products containing these or parts of

them) in the national territories of other Members, except with the specific agreement of those

Members. In particular, but not exclusively, Members shall not:

• Engage in any advertising campaign, whether by print, broadcasting or any other electronic

means, specifically aimed at the national territory of other Members, except by agreement with

the Member concerned;

• Establish any branch or maintain any distribution depot for the distribution and sales of

Publications and products in the national territory of other Members, except by agreement with

the Member concerned;

• Actively approach customers located in the national territory of other Members through direct

marketing activity or customer relations management, whether by email, website push

technology, sales force activity or similar, except by agreement with the Member concerned.

For the purposes of this Guide, advertisement on a website and reference to web shops in emails is

not considered as active marketing.

If there is any doubt whether a Member is engaging in active marketing or not, it shall be referred to

the Director General of CEN-CENELEC, whose decision, taken on the basis of this Guide and of the

bilateral Exploitation Agreement
...

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