Out of Commerce Works (OOC) MoU

Olav Stokkmo, IFRRO Chief Executive 27 June 2012 LIBER workshop on digitization and resource discovery, Tartu (Estonia)

Out of Commerce Works

High Level Principles 1. Selection: Agree on what to make available/digitise 2. Voluntary Mandates from authors and publishers to RRO 3. Collective Licensing by RRO 4. Possible inclusion of works of authors and publishers not in the RRO catalogue; Right of withdrawal 5. Cross-border accessibility

Selection from Library Collection

Agree what to include

1. Selection from Library Collection

• •

Works/Materials

Public domain In copyright – – – In commerce OOC (Majority) Orphan (some)

Roman Alapage

Selecting and identifying

Works; Authors; Publishers; Rights Status 4

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

OOC in digitisation project

s RROs the natural one stop shop

2. COLLECTIVE LICENSING

Rights in OOC may be with • Authors • Publishers

RROs

– – – – – Mandated Established Owned Governed Licence collectively jointly by on behalf of Authors & Publishers

OCW in digitisation projects Voluntary Collective Licensing RROs will – – – – Collect mandates from authors and publishers relevant to the (groups of ) works agreed to be included Inform of withdrawn creators, publishers, works Sign the licence Monitor the licence Libraries will – – Be transparent in the project planning Ensure that licensing conditions are observed • Digitise/make available authorised works only

ARROW = appropriate tool to identify / select

Collective Licensing

Inclusion of works not in RRO catalogue

3. INCLUSION OF WORKS NOT IN CATALOGUE Authors & Publishers Not in RRO catalogue Works may be withdrawn Mandating Authors RRO Mandating Publishers Voluntary Collective Licensing Agreement User (Library)

• Legal Presumption • Extended Coll. Licence • Compulsory Coll. Manage

Identify works to be in/excluded System for identification across borders of – – Rights status • • In or out of commerce In copyright or public domain Rightholders • • Creators Publishers – Rights • Which rights are involved • • Select/Identify Out of Commerce Withdrawn • • • Works Authors Publishers – Orphan Works OW Registry

OOC in digitisation projects

4. OBSERVE LICENSING AGREEMENT

• Include only works, authors and publishers covered by the agreement • Ex. OCW; OCW published before …;works not withdrawn, etc.

• ARROW : tool to identify works to be included/excluded • • • Works in or out of commerce Works to be withdrawn Authors and publishers to be withdrawn • Observe agreed conditions

OOC in digitisation projects

5. CROSS-BORDER ACCESIBILITY Requires

Mandates For Not in catalogue & • Orphan Mechanisms • Agreements • • • Legislation Mutual recognition Other?