Slovakian Out-of-Commerce legislation in force
The Slovakian Out-of-Commerce legislation, based on the Extended Collective Licence (ECL) scheme, has come into force on 29 October 2014. An unofficial English translation of the parts of the Copyright Act related to orphan works and to out-of-commerce works has been made available and can be accessed here. More information can be found on the website of the Slovak national library.
ARROW is a tool to facilitate rights information management in any digitisation project involving text and image based works.
ARROW infrastructure allows streamlining the process of identification of authors, publishers and other rightholders of a work, including whether it is orphan, in or out of copyright or if it is still commercially available.
Memorandum of Understanding (MoU) on Key Principles on the Digitisation and Making Available of Out-of-Commerce Works (2011)
The aim of the Memorandum of Understanding (MoU) on Key Principles on the Digitisation and Making Available of Out-of-Commerce Works is to facilitate the digitisation and making available by European libraries and similar institutions of books and learned journals in their collections which are out-of-commerce. The MoU recognises that the right to authorise the use of an Out of Commerce work is vested in the copyright holder (authors and publishers) and that voluntary solutions with the appropriate support of collective management can be the way forward. Click here for a short introduction to the MoU.
The MoU is a result of a Stakeholder Dialogue which was launched in November 2010. The signatories were:
Association of European Research Libraries (LIBER), Conference of European National Librarians (CENL), European Bureau of Library, Information and Documentation Associations (EBLIDA), European Federation of Journalists (EFJ), European Publishers Council (EPC), European Writers’ Council (EWC), European Visual Artists (EVA), Federation of European Publishers (FEP), International Association of Scientific, Technical & Medical Publishers (STM), International Federation of Reprographic Rights Organisations (IFRRO).
Link to full text of MoU.
High Level Expert Group
All solutions have been developed by and are results of voluntary arrangements involving relevant stakeholders and demonstrate the willingness to find solutions to challenging issues. They will help cultural institutions to make agreements with rightholders or their representatives to digitise and make copyright works available to the public.
Memorandum of Understanding on Diligent search Guidelines for Orphan Works (2008)
- Memorandum of Understanding on Diligent search Guidelines for Orphan Works (pdf)
- Joint Report - Sector specific guidelines on due Diligence Criteria for Orphan Works (pdf)
- Appendix to the Joint Report - Sector Reports (pdf)
Final Report by the Copyright Subgroup
- Final Report on Digital Preservation, Orphan Works, and Out-of-Print Works (pdf)
Annexes to the Final Report
- Annex 1: Case study on web-harvesting legislation in France - The INA's performance of its legal deposit role (pdf)
- Annex 2: Case study on web-harvesting legislation in Finland (pdf)
- Annex 3: Model Agreement for a license on digitisation of Out-of-Print Works (pdf)
- Annex 4: Model Agreement for a license on digitisation of Out-of-Print Works with option for online accessibility (pdf)
- Annex 5: Implementation of proposed solutions through eContentplus projects: the ARROW project as an example (pdf)
- Annex 6: Recommended Key Principles for rights clearance centres and databases for orphan works (pdf)
- Annex 7: Recommended Key Principles for rights clearance centres and databases for out-of-print works (pdf)
Final Report by the Public Private Partnership Subgroup
- Final Report on Public Private Partnership for the Digitisation and Online Accessibility of Europe's Cultural Heritage (pdf)
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