« Out of commerce works » The French system IFRRO European Group, Copenhagen 26 April 2012 Sandra CHASTANET, Rights Holders & International Relation Manager, CFC

International context 2005-2008: recommendations of the High Level Group of Viviane Reding to accelerate the digitisation and making available of orphan and out of print works The Google settlement Political willingness to provide more protected content on Europeana ARROW project Draft European Directive on Orphan Works

Willingness to find solution at national level Since 2007: discussion at national level on necessary legislation to manage orphan works 2008: CSPLA report recommend compulsory collective management for orphan works for printed works Participation of French partners to the ARROW pilot project: BNF, Numilog, CFC and Electre Mass Digitization public policy: In public domain works Under copyright recent works Out-of-commerce works 1st February 2011: Agreement on mass digitisation of out-of-commerce books 1st March 2012: Law on out-of-commerce books

A mass digitisation project: a credible alternative to Google Agreement signed the 1st February 2011 between the French Ministry of Culture, French Publishers Association, French Authors Association, The French National Library (BNF) and the Government Investment Committee (in charge of the Investments for the Future) Digitize a catalogue of 500,000 out-of-commerce works Make out-of-commerce works available online and foster their exploitation Respect copyright principles A combination of public investment and commercial exploitation

A compulsory collective management for out-of-commerce books Law adopted by the French Parliament on the 1st March 2012 to enable the digitisation and the exploitation of out-of-commerce books French books published in the 20th century , which are non longer commercially available Creation of a database identifying out-of-commerce books by the BNF Probable use of ARROW to check OOC status A collective management organisation to be appointed by the Ministry of Culture to license out-of-commerce books Criteria for the collective management organisation stated in the law CMO to be determined

A compulsory collective management subsidiary to the rights holders’exclusive rights Step 1: Opt-out option for the publisher and author for a period of 6 months once the book is registered as out-of-commerce in the database. The publisher shall exploit the book within 2 years Step 2: The book enters the compulsory collective licensing scheme Step 3: Priority right for the publisher within a period of two months upon information by the collective management organisation to get a 10 years exclusive license on digital rights. The publisher shall exploit digital rights within 3 years At any time the publisher and author may decide together to exploit the work again. The publisher shall then exploit the book within 18 months The licenses granted before the notification continue until their term The author can withdraw a book from the compulsory collective management at any time provided he proves he is the only rightsholder

Licensing of out-of-commerce books Step 4: The collective management organisation grants non-exclusive licences to third parties (e-distribution platform, other publishers...) for digital exploitation for renewable 5 years periods against remuneration The CMO will: Collect the fees Identify the Rights Holders Distribute royalties Exception for libraries for orphan works after 10 years