Member States Expert Group

Good Practices and Policies

Accessibility and Copyright Issues Tarja Koskinen-Olsson Honorary President, IFRRO

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)

HLG Work Items



Intellectual property rights



Copyright Subgroup

(4-06)

Scientific and scholarly information



Subgroup on Scientific Information Subgroup on PPPs (4-07)

(10-06)

Public-private partnerships


Technology issues

European Digital Library



A common multilingual access point to Europes distributed digital cultural heritage Texts, audiovisual, museums objects, archival records, etc.

Copyright Subgroup


Issues at stake
  

Digital preservation Orphan works Out-of-print works

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 workno longer commercially available

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

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

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

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

Out-of-Print Recommendation


Definition and procedure



No longer commercially available, as declared by the rights holder Title specific request Model License Databases of out-of-print works Joint clearance centres

Set of solutions
  

Model License


Library
  

Non-exclusive, non-transferable rights Digitize, access, store systematically Make available via secure network to authorised users View, search, retrieve, display Save and make single copies Information from the library Revoke the license

User
 

Rights holder
 

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)

Stakeholders Perspectives


Consultation meeting


September 14, 2007

Stakeholders
 

Creative sectors Cultural sectors