Transcript Global Meeting on Emerging Copyright Licensing Modalities - Facilitating Access to Culture in the Digital Age Making Orphan Works Available: a Licensing Solution? Magdalena Vinent,

Global Meeting on Emerging Copyright Licensing
Modalities - Facilitating Access to Culture
in the Digital Age
Making Orphan Works Available:
a Licensing Solution?
Magdalena Vinent, President, IFRRO
5 November 2010, Geneva
SUMMARY
I)
IFRRO: Mission Statement and Members
II) Orphan and Out-of-Print Works
III) How to make orphan works available?
IV) Access to orphan works through collective licensing
V) Basic criteria
VI) Agreements among RROs
VII) Some examples
I) IFRRO: Mission Statement
• 1984: Forum of RROs
• 1988: Federation
• Mission: “IFRRO works to increase internationally
the lawful use of text and image-based copyright
works and eliminate unauthorised copying by
promoting efficient Collective Management of rights
through RROs, which complement creators´and
publishers´own activities”.
I) IFRRO: Members
IFRRO: 128 Members in 66 countries
RROs (73)
• RRO Members (59)
Mandated to licence reprography
Represent publishers and creators
• Associate Members (14)
“RROs” representing publishers or creators
Authors and Publishers Associations (55)
• International
• National
II) Orphan and Out-of-Print Works
• Orphan work: copyrighted work
whose owner cannot be located.
• Out-of-Print work: copyrighted work
which is no longer commercially
available regardless of the existence
of tangible copies of the work in
libraries and among the public.
III) How to make orphan works available?
• Compulsory measures
• Voluntary measures:
IFRRO’s proposal,
agreed on with authors and
publishers
IV) Access to orphan works through collective licensing
1. Each country will take their own measures to make orphan works
accessible following basic criteria
2. Collective management (RROs)
3. Current systems of collective management: voluntary licences,
voluntary licences with legislative backing, and legal or non-voluntary
licences.
4. Bilateral agreements between RROs
5. Sharing an orphan works database (ARROW)
V) Basic criteria
1. Diligent search
2. National legislation which will
guarantee legal certainty
3. Licences issued by RROs
4. Conditions for the use OW,
tariffs, compensation, right to
withdraw OW
VI) Agreements among RROs
1. Declaration of Orphan works
agreed among all countries
2. Share information
3. Technical tools (ONIX for
RROs) to share information
4. Mutual recognition of the
conditions for the use of OW
5. Bilateral agreements signed
among all RROs
VII) Some examples
• Germany: Project among National Library,
Publishers Association and VG Wort for the use of
orphan works until national legislation is modified.
• Spain: CEDRO has requested to the Government
and Parliament in Spain that the management of
orphan works is regulated.
• Norway: Bookshelf, project taken into practice by the
National Library and Kopinor, based on the extended
collective licence.
Thank you
[email protected]