presentation given at the concluding WP7 (legal) workshop of the p2p fusion project on 19 may 2009 in Budapest, Hungary

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

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

3. 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)

4. 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

5. 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.

6. 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

7. 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;

8. 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.

9. 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.