This document discusses progress on a potential memorandum of understanding (MOU) regarding cross-border access to audiovisual works. It notes that publicly accessible cultural institutions like archives, libraries, and museums would benefit from an MOU. The MOU would allow these institutions to digitize and make available out-of-distribution audiovisual works that are still copyrighted but no longer available, as long as they respect moral and intellectual property rights. However, issues remain regarding works by creators not represented by collecting management organizations, known as "orphan works." The document also discusses implications of the Copyright Royalty and Distribution Directive and questions around which country's laws would apply - country of origin or target country - for cross-border access.

1. PROGRESS FOR AV MOU – Cross-
Border Access
Jerker Rydén
Senior Legal Advisor at the National Library of Sweden

2. Beneficiaries of an MOU
Publicly accessible cultural institutions as
contained within Art 5.2 (c) of the European
Union Directive 2001/29/EC
Archives
Libraries
Museums
 Others

3. Subject Matter of an MOU
Digitise and make available Out-of-distribution
AV-Works works that are:
Still protected by copyright
No longer available in customary channels of
distribution.
Such “digital libraries etc” has to respect;
the moral rights of the creators,
as well as the intellectual property rights of producers,
creators and their assignees.
Furthermore right holders shall have the first option
to digitise and make available an out-of-distribution
work.

4. Subject Matter of an MOU
The problem from a copyright perspective when a
library wishes to mass digitise with the intent to
make such content available on the Internet is
what has been referred to as the so called
Outsiders,
i.e. non members of CMO: s
as well as Orphan Works.

5. Data collected / CRM Directive
The transformation of the CRM Directive
What if any implications will it have on ECL /
AV Works
Over-Head Costs - to the extent it exceeds the
fee it is to high

6. Cross-Border Access
Country of Origin?
Country of Targeting?
Existing MoU Country of First Published –
Transformed into an MOU on AV-Works -
Country of First Broadcasted / Produced?

7. Cross-Border Access
• ”Business Model” – who is going to pay and
for what?
• IT infrastructure / Secure access – authorized
under the ECL agreement
• At the End of the Day – Better off with a MoU
on how to mass digitise AV-Works than
Nothing a – cf. the Existing MoU / Political
impact such as France / Germany etc