Intellectual Property Rights

1. Member States’ Expert Group
Good Practices and Policies
Accessibility and Copyright Issues
Tarja Koskinen-Olsson
Honorary President, IFRRO

2. Cultural Works
 Communication on i2010: Digital
Libraries (9-05)
 High Level Expert Group (2-06)
 Recommendation on digitisation and
online accessibility of cultural material
and digital preservation (8-06)
 Council Conclusions (11-06)
 Member State Expert Group (6-07)

3. HLG Work Items
 Intellectual property rights
 Copyright Subgroup (4-06)
 Scientific and scholarly information
 Subgroup on Scientific Information (10-06)
 Public-private partnerships
 Subgroup on PPPs (4-07)
 Technology issues

4. European Digital Library
 A common multilingual access point
to Europe’s distributed digital cultural
heritage
 Texts, audiovisual, museums objects,
archival records, etc.

5. Copyright Subgroup
 Issues at stake
 Digital preservation
 Orphan works
 Out-of-print works

6. Digital Preservation
 Recommendation
 “Make provisions in their legislation so as
to allow multiple copying and
migration… for preservation purposes”
 Copyright Subgroup – HLG (4-07)
 An open-ended number of copies if it is
necessary to ensure preservation of a
work…no longer commercially available

7. Digitization Recommendation
 Authorize libraries to make more than
one copy
 For preservation purposes
 Justified by scarcity in the market
 Successive copies to another medium if
required by technology
 Co-ordination to avoid duplication
 Disabling of TPMs in deposit copies

8. Orphan Works
 Recommendation
 “Create mechanism to facilitate the use of
orphan works, following consultation of
interested parties”
 Copyright Subgroup – HLG (4-07)
 Member States have various options
 Mutual recognition of each others’ solution

9. Orphan Works Recommendation
 Orphan works
 All kinds of works
 Rights holders not identifiable or locatable
 Diligent search prior to the use of works
 Guidelines on due diligence search for different
categories of works
 Databases of orphan works
 Joint Clearance Centres

10. Out-of-Print Works
 Recommendation
 “Establish or promote mechanisms, on a
voluntary basis, to facilitate the use of
works that are out of print, following
consultation of interested parties”
 Copyright Subgroup – HLG (4-07)
 A Model Licence for out-of-print works

11. Out-of-Print Recommendation
 Definition and procedure
 No longer commercially available, as
declared by the rights holder
 Title specific request
 Set of solutions
 Model License
 Databases of out-of-print works
 Joint clearance centres

12. Model License
 Library
 Non-exclusive, non-transferable rights
 Digitize, access, store systematically
 Make available via secure network to authorised users
 User
 View, search, retrieve, display
 Save and make single copies
 Rights holder
 Information from the library
 Revoke the license

13. Implementation Issues
 Databases and clearance centers for
out-of print and orphan works
 Sector specific guidelines on due
diligence criteria for orphan works
 Implementation of model license(s)

14. Stakeholders’ Perspectives
 Consultation meeting
 September 14, 2007
 Stakeholders
 Creative sectors
 Cultural sectors