Accessing Cultural Heritage The Role of Collective Management Olav Stokkmo, CEO of IFRRO ARIPO-IFRRO-NCC-Repronig-WIPO conference, 17 September 2013,Lagos

Some digital libraries initiatives

Gutenberg project ( – >100,000 titles, mainly out-of-copyright; free downloads World Digital Library ( – 7 languages; 106 partners – Primary material – Prototype:8,431 items (8,016 books, revues, texts, images) Internet Archive ( – 4,733,126 texts available – 353 billion World Wide Web pages “Digital Library” initiatives Some examples

 > 26 million objects (July 2013)  > 2,200 collaborating institutions and organisations  123 libraries; archives; museums providing content  Common access point to the collections “Digital Library” initiatives EUROPEANA European Digital Libraries

LEGAL ISSUES Making cultural heritage available legally

Fundamental Rights Concerned Exclusive Rights 1.Reproduction (Berne Convention Article 9.1) 2.Make available/Communication (WCT Article 8) 3.Distribution (WCT Article 10)  Exceptions/Limitations to exclusive rights (BC 9.2)  Certain special cases;  Not in conflict with the normal exploitation of the work  Not unreasonably prejudice the legitimate interest of RH  Libraries: Preservation; dedicated terminals on library premises

Identifying and addressing  Rights  Rightholders  Right status  Right clearance  Orphan Works  Out-of-Commerce & In Commerce Works Digitising Cultural Heritage legally

TOOLS AVAILABLE Making cultural heritage available legally

Orphan works – Diligent search for rightholdersGuidelines – Databases of Orphan works Criteria – Rights Clearance Centres Criteria Works Out of Print/Distribution/Commerce – Model Licence – Databases of Out-of-Commerce works Criteria – Rights Clearance Centres Criteria On-Line Accessibility – Model Licence Europe Stakeholder developed tools

Out of Commerce Works (OOC) Principles in Stakeholder MoU 1.Selection: Agree on what to make available/digitise 2.Voluntary Collective Licensing; Remuneration 3.Possible inclusion of works of authors and publishers not in the RRO catalogue; Right of withdrawal 4.Libraries observe agreed conditions 5.Cross-border accessibility

COLLECTIVE LICENSING Making cultural heritage available legally

Selection from Library Collection Agree what to include Works/Materials Public domain In copyright – In commerce – OOC (Majority) – Orphan (some) Roman Alapage 1. Selection from Library Collection

Selecting - Identifying Works, Authors, Publishers, Status 13 Public Domain No need to clear rights Known author/publisher In Commerce Out of Commerce Rights can be cleared Directly / RRO Unknown/id Author/Publisher: Orphan Legislation to clear rights – by CMO

OOC in digitisation project s RROs the natural one stop shop RROs – Mandated – Established – Owned jointly by – Governed – Licenceon behalf of collectively } Authors & Publishers Rights in OOC may be with Authors Publishers 2. COLLECTIVE LICENSING

The global network 140 members in 78 countries IFRRO Mission Increase lawful use of copyright works Eliminate unauthorized copying Promote efficient collective rights management

OOC in digitisation projects Voluntary Collective Licensing RROs will – Collect mandates from authors and publishers relevant to the (groups of ) works agreed to be included – Inform of withdrawn creators, publishers, works – Sign the licence – Monitor the licence Libraries will – Be transparent in the project planning – Ensure that licensing conditions are observed Digitise/make available authorised works only ARROW = appropriate tool to identify / select

Authors & Publishers Not in RRO catalogue User (Library) Voluntary Collective Licensing Agreement RRO Mandating Authors Collective Licensing Inclusion of works not in RRO catalogue Mandating Publishers Works may be withdrawn 3. INCLUSION OF WORKS NOT IN CATALOGUE Legal Presumption Extended Coll. Licence Compulsory Coll. Manage Legal Presumption Extended Coll. Licence Compulsory Coll. Manage

29/10/2012 Co-funded by the Community programme eContentplus To facilitate search

} Identifying and addressing  Rights  Rightholders  Rights status  Rights clearance  handling Unidentifiable/Unlocatable rightholders  (Orphan works) Digitising cultural heritage legally Five key issues 19 Requires Search tools / facilities Registries Rights clearance mechanisms Enabling legislation

The ARROW work flowARROW Library interface Matching records VIAF 1st data collection BiP TEL 2nd data collection RRO 3rd data collection ROW

RESULT OF PILOT VALIDATION Time (and cost) benefit from using ARROW

Time save using ARROW Search for author, publisher, work, status

SOME PRACTICAL EXAMPLES Making cultural heritage available legally

Contract National Library – RRO (Kopinor) – Mandate from authors and publishers – Extended Collective Licence Digitise and make available 250,000 books – Published before 2000 – Includes orphan works and out of commerce works – Fee per page made available to public per year User access – Registered library users – Norwegian IP addresses – View; No download, print-out or copying – Purchase opportunities Library Digitising Project “Bookshelf” (Norway)

FRANCE Out-of-Commerce Books published in France < 2001 Compulsory Collective Management by RRO – Right of withdrawal GERMANY Out-of-Commerce Books published in Germany < 1966 Licensing by RROs (VG Wort and VG Bildkunst) – Legal Presumption – Right of withdrawal Library Digitising project Some examples 25

In conclusion

Creative collaboration – finding solutions in the interest of all Copyright compliance & Collective Copyright administration 27 Library Digitisation project The constructive way to solutions

28 Thank you!