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ECL of Archives and Libraries in a
Cross Border Context
Lucie Guibault
Institute for Information Law
2
ECL in the EU framework
3
 Recital 18 of Directive 2001/29/EC on Copyright in
Information Society
 Recital 24 of Directive 2012/28/EC on certain uses of
Orphan Works
 Recital 12 and Article 7 of Directive 2014/26/EC on
collective management of rights
 Article 4 of Memorandum of Understanding on Key
Principles on the Digitisation and Making Available of
Out-of-Commerce Works of 2011
ECLs in different shapes and forms
4
Bookshelf project
(Norway)
Encyclopedi
a (Denmark)
Out-of-commerce
books (Germany)
Relire
(France)
Out-of-commerce
books (Slovakia)
ECL provision (UK)
Out-of-commerce
books (Poland)
Characteristics of ECL
 Nature of the extension mechanism
 Requirement of representativeness of CMOs
 Opt-out option
 Subject matter covered by the agreements
 Definition of user groups
 Scope of the licence
 Conditions of use
Type the footer here 5
Country of first publication
Type the footer here 6
Country of first publication
Type the footer here 7
Orphan Works Directive
Legislative intervention necessary
‘(1) For the purpose of the conclusion of agreements between a
collective management organisation and a user, a Member State
may introduce a mechanism by which the work of a rightholder
who has not transferred the management of his rights to a
collective management organisation, shall be presumed to be
managed by the collective management organisation which
manages rights of the same category of works in that Member
State, unless he has expressly advised otherwise.
(2) Where such a mechanism has been established in a Member
State for the making available by publicly accessible cultural
heritage institutions of works first published in that Member State,
the works may be made available at, or by the same categories of
institutions in all Member States’.
8
Advantages
 This proposal leaves Member States free to:
 Establish an ECL or not;
 Fix the conditions of exercise:
 Works covered (type/ cut-off date)
 Duration
 Payment
Type the footer here 9
Drawbacks
 This proposal does not guarantee broad
availability of works;
 Actually it guarantees a patchwork coverage!
 Necessitates organisation of CMOs
Type the footer here 10
Need for a transparency measures
 The actual repertoire
 The opt-outs
 The licensing conditions covering the use of
works first published in that country.
Type the footer here 11

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4th europeana ws lux - Guibault ECL

  • 1. ECL of Archives and Libraries in a Cross Border Context Lucie Guibault Institute for Information Law
  • 2. 2
  • 3. ECL in the EU framework 3  Recital 18 of Directive 2001/29/EC on Copyright in Information Society  Recital 24 of Directive 2012/28/EC on certain uses of Orphan Works  Recital 12 and Article 7 of Directive 2014/26/EC on collective management of rights  Article 4 of Memorandum of Understanding on Key Principles on the Digitisation and Making Available of Out-of-Commerce Works of 2011
  • 4. ECLs in different shapes and forms 4 Bookshelf project (Norway) Encyclopedi a (Denmark) Out-of-commerce books (Germany) Relire (France) Out-of-commerce books (Slovakia) ECL provision (UK) Out-of-commerce books (Poland)
  • 5. Characteristics of ECL  Nature of the extension mechanism  Requirement of representativeness of CMOs  Opt-out option  Subject matter covered by the agreements  Definition of user groups  Scope of the licence  Conditions of use Type the footer here 5
  • 6. Country of first publication Type the footer here 6
  • 7. Country of first publication Type the footer here 7 Orphan Works Directive
  • 8. Legislative intervention necessary ‘(1) For the purpose of the conclusion of agreements between a collective management organisation and a user, a Member State may introduce a mechanism by which the work of a rightholder who has not transferred the management of his rights to a collective management organisation, shall be presumed to be managed by the collective management organisation which manages rights of the same category of works in that Member State, unless he has expressly advised otherwise. (2) Where such a mechanism has been established in a Member State for the making available by publicly accessible cultural heritage institutions of works first published in that Member State, the works may be made available at, or by the same categories of institutions in all Member States’. 8
  • 9. Advantages  This proposal leaves Member States free to:  Establish an ECL or not;  Fix the conditions of exercise:  Works covered (type/ cut-off date)  Duration  Payment Type the footer here 9
  • 10. Drawbacks  This proposal does not guarantee broad availability of works;  Actually it guarantees a patchwork coverage!  Necessitates organisation of CMOs Type the footer here 10
  • 11. Need for a transparency measures  The actual repertoire  The opt-outs  The licensing conditions covering the use of works first published in that country. Type the footer here 11