Legal Issue Forum Orphan Works Outof Commerce works

Legal Issue Forum Orphan Works – Out-of Commerce works IWC Ljubljana 26 October 2011 IFRRO Senior Legal Advisor

EC Proposal for a Directive on Orphan Works Scope: written works and audiovisual works Principle: rightholder not identified or not located after a diligent search Mutual recognition between EU MS Permitted uses : making available and reproduction by specified institutions in the remit of public interest mission Authorised uses: other uses with remuneration

Mo. U Out-of-Commerce Works (OCW) Scope: books and journals (embedded images) Definition of OCW: whole work in all its versions and manifestations is no longer commercially available in customary channels. Principles: 1. Voluntary agreements - Digitisation and making available by public institutions of selected works - OCW according to customary practices in the country of 1 st publication 2. Collective licences by sufficiently representative CMOs - Presumption of representativeness through national mechanisms - Right to opt-out 3. Cross-border access to digital libraries - Limited to represented rightholders - With specific procedure for rightholder presumably represented by CMOs and whose work is used frequently or intensively

State of play – OW Directive 1 st reading - European Parliament 3 committees: Legal Affairs, Culture and Internal Market - Council: copyright working group 27 October

State of play- OCW Mo. U • Signed on 20 th September Libraries: LIBER, CENL, EBLIDA Rightholders: EFJ, EPC, EWC, EVA, FEP, STM, IFRRO • Implementation at national level