Member States Expert Group

Good Practices and Policies

Accessibility and Copyright Issues

Tarja Koskinen-Olsson Honorary President, IFRRO

Cultural Works

Communication on i2010: Digital Libraries (9-05) High Level Expert Group (2-06) Recommendation on digitisation and online accessibility of cultural material and digital preservation (8-06) Council Conclusions (11-06) Member State Expert Group (6-07)

HLG Work Items

Intellectual property rights

Copyright Subgroup (4-06)

Scientific and scholarly information

Subgroup on Scientific Information (10-06)

Subgroup on PPPs (4-07)

Public-private partnerships

Technology issues

European Digital Library

A common multilingual access point to Europes distributed digital cultural heritage

Texts, audiovisual, museums objects, archival records, etc.

Copyright Subgroup

Issues at stake

Digital preservation Orphan works Out-of-print works

Digital Preservation

Recommendation

Make provisions in their legislation so as to allow multiple copying and migration for preservation purposes

Copyright Subgroup HLG (4-07)

An open-ended number of copies if it is necessary to ensure preservation of a workno longer commercially available

Digitization Recommendation

Authorize libraries to make more than one copy

For preservation purposes Justified by scarcity in the market Successive copies to another medium if required by technology

Co-ordination to avoid duplication Disabling of TPMs in deposit copies

Orphan Works

Recommendation

Create mechanism to facilitate the use of orphan works, following consultation of interested parties

Copyright Subgroup HLG (4-07)

Member States have various options Mutual recognition of each others solution

Orphan Works Recommendation

Orphan works

All kinds of works Rights holders not identifiable or locatable Diligent search prior to the use of works Guidelines on due diligence search for different categories of works

Databases of orphan works Joint Clearance Centres

Out-of-Print Works

Recommendation

Establish or promote mechanisms, on a voluntary basis, to facilitate the use of works that are out of print, following consultation of interested parties

Copyright Subgroup HLG (4-07)

A Model Licence for out-of-print works

Out-of-Print Recommendation

Definition and procedure

No longer commercially available, as declared by the rights holder Title specific request Model License Databases of out-of-print works Joint clearance centres

Set of solutions

Model License

Library

Non-exclusive, non-transferable rights Digitize, access, store systematically Make available via secure network to authorised users View, search, retrieve, display Save and make single copies Information from the library Revoke the license

User

Rights holder

Implementation Issues

Databases and clearance centers for out-of print and orphan works
Sector specific guidelines on due diligence criteria for orphan works Implementation of model license(s)

Stakeholders Perspectives

Consultation meeting

September 14, 2007

Stakeholders

Creative sectors Cultural sectors