1. Accessing Cultural Heritage Out-of-Commerce Works MoU Olav Stokkmo, CEO of IFRRO Licence for Europe WG 3 4 March 2013,Brussels

2. OOC MoU creates an agreed framework for Identification and Addressing  Rights  Rightholders  Right status  Right clearance  Orphan Works  Out-of-Commerce & In Commerce Works Result: Improved availability Digitising Cultural Heritage legally

3. ADDRESSING LIBRARY REQUESTS OUT-OF-COMMERCE MOU Making cultural heritage available legally

4. Identification of rights and rightholders – Diligent search for rightholdersGuidelines – Works and Rightholder registries - Criteria – ARROW to increase time and cost efficiency Licensing – Rights Clearance Centres - Criteria – Model Licenses Open Networks/Online accessibility Secure Networks http://www.ifrro.org/content/i2010-digital-libraries Out-of-Commerce & Orphan Works Stakeholder developed tools

5. 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

6. 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

7. OOC in digitisation projects Voluntary Collective Licensing Libraries will – Be transparent in the project planning – Ensure that licensing conditions are observed Digitise/make available authorised works only RROs (CMOs) will – Be a representative RRO for rightholders concerned – Collect mandates from authors and publishers – Ensure opt out options for authors and publishers – Sign and Monitor the licence ARROW = appropriate tool to identify / select 2. COLLECTIVE LICENSING

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RRO Mandating Authors Collective Licensing Inclusion of works not in RRO catalogue Mandating Publishers Works may be withdrawn 3.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

9. 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 OCW; OCW published before …;works not withdrawn, etc.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

10. 5. CROSS-BORDER ACCESIBILITY Requires } Mandates For Not in catalogue & Orphan Mechanisms Agreements Legislation Mutual recognition Other? OOC in digitisation projects Solution to be proposed by EC

11. SOME PRACTICAL EXAMPLES Making cultural heritage available legally

12. 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 12

13. 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 http://www.arrow-net.eu/news/rightsholders-and-national-library-norway-agreed-digital-library-project.html http://www.arrow-net.eu/news/bookshelf-project-contract.html 13 Library Digitising Project “Bookshelf” (Norway)

14. MAIN OBSTACLES Implementing OOC MoU

15. OOC MoU implementation Main obstacle: Funding Lack of projects that include Out-of-Commerce works – Funding EC funding limited to infrastructure – In some Member States: Lack of supporting legislation

16. OOC MOU EXTENDED TO AV SECTOR Making cultural heritage available legally

17. 1.High Level Expert Group Report 1.Criteria for Databases and Rights clearance 2.Search for authors, publishers and works 2.MoU Principles - applicable across sectors 3.Stakeholder dialogue – Requires openness & willingness to Present candidly user demands Search actively for solutions Result: Improved availability Digitising Cultural Heritage legally Extending book experience to AV sector

18. 18 Thank you! Olav.Stokkmo@ifrro.org www.ifrro.org