Out of Commerce Works (OOC) MoU Olav Stokkmo, IFRRO Chief Executive 27 June 2012LIBER workshop on digitization and resource discovery, Tartu (Estonia)

Out of Commerce Works High Level Principles 1.Selection: Agree on what to make available/digitise 2.Voluntary Mandates from authors and publishers to RRO 3.Collective Licensing by RRO 4.Possible inclusion of works of authors and publishers not in the RRO catalogue; Right of withdrawal 5.Cross-border accessibility

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

Works in the selection Selecting and identifying Works; Authors; Publishers; Rights Status 4 Public Domain No need to clear rights Known author/publisher In Commerce Out of Commerce Rights can be cleared Directly / RRO Unknown Author/Publisher: Orphan Legislation to clear rights

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

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– Collect mandates from authors and publishers relevant to the (groups of ) works agreed to be included – Inform of withdrawn creators, publishers, works – Sign the licence – Monitor the licence Libraries will – Be transparent in the project planning – Ensure that licensing conditions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 OCW in digitisation projects Voluntary Collective Licensing

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RRO Mandating Authors Collective Licensing Inclusion of works not in RRO catalogue Mandating Publishers Works may be withdrawn 3.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

System for identification across borders of – Rights status In or out of commerce In copyright or public domain – Rightholders Creators Publishers – Rights Which rights are involved – Orphan Works OW Registry } Select/Identify Out of Commerce Withdrawn Works Authors Publishers Identify works to be in/excluded

OOC in digitisation projects 4. OBSERVE LICENSING AGREEMENT Include only works, authors and publishers covered by the agreement Ex. OCW; OCW published before …;works not withdrawn, etc. ARROW : tool to identify works to be included/excluded Works in or out of commerce Works to be withdrawn Authors and publishers to be withdrawn Observe agreed conditions

OOC in digitisation projects 5. CROSS-BORDER ACCESIBILITY Requires } Mandates For Not in catalogue & Orphan Mechanisms Agreements Legislation Mutual recognition Other?