Out of Commerce Works Olav Stokkmo, Chief Executive, IFRRO 9 June 2011 IBMF, Brussels
Out of Commerce Works High Level Principles 1. Selection: Agree on what to make available/digitise 2. Mandates from creators and publishers to RRO 3. Collective Licensing 4. Possible inclusion of works of authors and publishers not in the RRO catalogue; Right of withdrawal 5. Cross-border accessibility
Selecting and identifying Works; Authors; Publishers; Rights Status 3 Works in the selection • Public Domain • No need to clear rights • Known author/publisher • In Commerce • Out of Commerce • Rights can be cleared • Directly / RRO • Unknown Author/Publisher: Orphan • Legislation to clear rights
In the selection Mandating & Non-mandating 4 Rightowner/holders in the selection • Public Domain • Mandate not required • Mandating • Authors and publishers • Non-mandating • Authors and publishers • Unknown Author/Publisher: Orphan • Mandate by Legislation
Collective Licensing Inclusion of works not in RRO catalogue 3. INCLUSION OF WORKS NOT IN CATALOGUE Authors & Publishers Not in RRO catalogue RRO Mandating Authors Works may be withdrawn Voluntary Collective Licensing Agreement Mandating Publishers User (Library) • Legal Presumption • Extended Coll. Licence • Compulsory Coll. Manage
OCW in digitisation projects 5. CROSS-BORDER ACCESIBILITY Requires } Mandates For Not in catalogue & Orphan • Mechanisms • Agreements • Legislation • Mutual recognition • Other?