Licensing of Orphan Works Olav Stokkmo, Chief Executive, IFRRO 26 October 2009European Commission, Orphan Works hearing

Orphan Works Definition Works where Rightsholders are Not Identified Not Located Rightholder not in a position to provide a mandate Uses requires representation by / authorisation from someone other than the rightholder

Orphan Works Criteria for Licensing and Rights Clearance 1.Diligent search 2.Legal certainty 3.Licensing through Rights Clearance Centres 4.Tariffs and other conditions set by Rightholders

Orphan Works 1. Due diligent search - Procedure Main Principles Search Prior to the use Resources from the country of origin of the work Announcement –Websites –Relevant publications –Social and professional networks –Mass media Document the process –Date of the search –Resources used – documentation Mark the status appropriately onto the work

Orphan Works Due diligent search - Resources General Information on the work itself National bibliography material Standards (ISBN, ISAN, ISTC, (ISNI), VIAF, etc.) Copyright registration lists Directories and Search engines; Library/Archive resources EDL; Legal deposit and other library/archive catalogues Rightholder Resources Authors/Publishers associations membership/databases Publishers/producers for creators; Company histories Collective Management Organisations (CMOs) Sector Specific Guidelines – adjusted nationally Text; Music; Visual; Audiovisual

System for identification across borders of Rights status In or out of © In or out of print / commercialised or not Rights Which rights are involved Rightholders Authors Publishers How and where do I clear the rights Orphan Works Orphan Works Registry wwww.arrow-net.eu ENABLES DILIGENT SEARCHwwww.arrow-net.eu

Orphan Works 2. Legal certainty Legal certainty for Libraries and other authorised / licensed users Rights clearers Legal certainty ensured by authorities Minimum: authorisation to administer Orphan Works

Orphan and Out-of-Print Works – 3. Rights Clearance Centres – Key Principles Underlying / fundamental principle Digitise / make available with Rightholder consent Key Principles – to be publicised 1.Policy of the Rights Clearance Centre 2.Licensing Policy and Conditions 3.Remuneration Policy 4.Interoperability Criteria 5.Transparency – key elements Rights Clearance Centre Not-for-profit body established by rightholders (if they wish)

RROs CMOs for text and image based works (print) Key facets of their activities Awareness raising & Copyright enforcement Licence, collect and distribute revenues; Mandated by Writers, Visual creators, composers Publishers of books, periodical press, music Foreign rightholders Creators and Publishers associations National and International IFRRO – 117 Members in 58 countries The International Link and Global network

Orphan Works 4. Licensing; Conditions Tariffs and other conditions set by Rightholders of same category of works Authors & publishers organisations; CMOs (RROs) Examples Germany Voluntary Collective Licensing Diligent search Norway Bookshelf project Extended Collective Licensing

RRO – search for rightholder and licensing a)Rightholder identified / located: Redirect to Rightholder b)Rightholder not identified / located (orphan work): Agreement i.Library deposits remuneration due ii.RROs indemnifies the library if rightholder reappears iii.RRO pays rightholder from deposit account Licensing of Orphan Works Germany 11

Non Members (national, foreign) User (Library) Licensing Agreement RRO Mandated by Rightholders Collective Licence § Mandated by Rightholders Assocation Extended Collective Licence

Out-of-Print works – Model Agreements i. Authorised user / Secure Networks; ii. Open Networks Addresses Library, User & Rightholder issues, such as Right to digitise; index; access; store systematically Right to make available Moral rights User rights, e.g. view, search, retrieve, display Uses subject to specific additional authorisation Payment to and setting of conditions Information, e.g. from the library on actual use Revoking of the licence

Orphan works - Possible European Commission Actions Encourage Member State mechanisms enabling Use of orphan works Diligent search prior to the use of the work Country of origin/publication resources Use of tools developed by High Level Expert Group Diligent search criteria Rights Clearance Centres – Key Principles Model Licensing Agreements Databases – Key Principles Possible payment to rightholders for use Criteria for mutually recognised Member States solutions

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