P2P‐FUSION
approaches to mass digi8za8on
in the Netherlands
Paul Keller (Kennisland)
WP7 workshop, Budapest, 4 june 2008

analogue in house
digital in house
the house online
part of the network

what can be done?
we have iden8fied four approaches:
• rights clearance by the cultural heritage insEtuEons
themselves
• deals with collec8ve rights management
organiza8ons
• the opt out approach (youtube)
• change the law (addiEonal exempEons & limitaEons
for cultural heritage insEtuEons)

opEon number 2: digit©e
in 2008 the working group digit©e was established.
members are:
• the legal commiLee of FOBID (the dutch library forum)
represenEng the culturale heritage insEtuEons.
• VOI©E, the umbrella organisaEon represenEng 27(!!)
collecEve rights management bodies in the
Netherlands.
• VOI©E will set up a unified desk that will handle
digiEzaEon made by cultural heritage insEtuEons

general procedure:
• Cultural heritage organisaEons register a collecEon
they want to digiEze providing informaEon about the
collecEon (composiEon, size, type, age, etc...)
• The digit©e desk will review the collecEon and give
‘permission’ to digiEze (by providing a warranty) ‐ free
of charge
• In addiEon they can also grant a license for online
publicaEon of the collecEon ‐ for a charge.

permission for digiEzaEon
• A^er consent has been given, the works may be
digiEsed without further specific consent being
required for each parEcular one of them;
• The works may be made available on the premises of
the insEtuEon concerned for the purposes of teaching,
research, and private study;
• The “reasonable payment” that is required will in
general amount to EUR 0 if the condiEons for
digiEzaEon have been met

condiEons for digiEzaEon (1):
• The insEtuEon is a publicly accessible not for profit
library, museum, or archive
• Only works forming part of the insEtuEon’s collecEon
will be digiEsed;
• The works to be digiEsed form part of the Dutch
cultural heritage;
• The works to be digiEsed have been lawfully acquired
by the insEtuEon;

condiEons for digiEzaEon (1):
• To the best knowledge of the insEtuEon, the works to
be digiEsed are no longer commercially available;
• the rights regarding the works to be digiEsed are
vested in Dutch right holders or in right holders who
can be represented by a Dutch collecEng society;
• It is difficult for the insEtuEon to contact individual
right holders;
• works need to be registered and authors need to be
offered the ability to opt out.

digit©e ‐ criEcism
• do the collecEve rights organisaEons have the
mandate/representaEon to give permission, provide a
warranty.
• unclear scope of the licenses for online use (length of
validity).
• unclear mechanisms for determining the costs of
licenses for online use.
• too restricEve in terms of works to be useful for most
large digiEzaEon projects.