This document summarizes the key points from a presentation by Olav Stokkmo, CEO of IFRRO, on implementing the Out-of-Commerce works Memorandum of Understanding. It discusses five principles for including out-of-commerce works in digitization projects: 1) agreeing on what works to include, 2) using voluntary collective licensing through Reproduction Rights Organizations, 3) including works by non-mandating authors and publishers, 4) observing the licensing conditions, and 5) enabling cross-border availability. However, the main obstacle to implementing more projects is a lack of funding.
2. Provider of reliable
information on
copyright-led solutions
in the text and image
IFRRO
International Federation of
Reproduction Rights
Organisations
3. 141 members in 78
countries
IFRRO Mission
• Increase
lawful use
of copyright
works
• Eliminate
unauthorized
copying
Cooperates
with
• WIPO
• UNESCO
• EU
• OAPI,
ARIPO,
LAS APEC,
5. • Identification of rights
and rightholders
– Diligent search for
Rightholders - Guidelines
– Works and Rightholder
registries - Criteria
– ARROW to increase time and
cost efficiency
• Licensing
– Rights Clearance Centres -
Criteria
– Model Licenses
Stakeholder
developed tools
7. Principles in
Stakeholder MoU
1.Selection: Agree on what to
make available/digitise
2.Voluntary Collective
Licensing; Remuneration
3.Possible inclusion of works
of authors and publishers not
in the RRO catalogue; Right
of withdrawal
4.Libraries observe agreed
conditions
8. OMIT
Out-of-commerce Mou
Implementation Task force
• Purp
ose
• Invo
lved
• Task
s
Facilitate
implementation of
MoU
MoU Signatories –
and beyond
No limit to
number of
participants
Criteria for non-
signatories to
join
9. 1. Selection from the
Library collection
Making Cultural
Heritage available
- Inclusion of Out-
of Commerce Works
10. Step One: Agree
what to include
Works/Mat
erials
• Public
domain
• In
copyright
– In
commerce
– OOC
(Majorit
y)
– Orphan
(some)Roman Alapage
Examples
- OOC
• France <
2001
• Norway <
2000
12. Collective
Licensing
RROs (CMOs) will
– Be a representative RRO for
rightholders concerned
– Collect mandates from authors
and publishers
Reproduction
Making available
– Ensure opt out options for
authors and publishers
– Sign and Monitor the licence
16. Operate on the basis of
mandates from; governed
jointly by
• Authors and Publishers
Writers including translators;
Visual artists; Composers
Publishers (Book, journal,
newspaper, magazine, music)
– Reproduction; Make available;
Distribution
– Limited by territories
• Legislation
Collective Rights
Managers in text & image
sector
17. • Sources
• Analogue; Electronic carriers;
On-line; Internet downloads
• Secondary uses of already
published works
• Limited extracts
• 5-15%; chapter; article
• Personal and Internal use
• Applications and uses
o Photocopy
o Scan
o Email
oPPT
o Printout o Whiteboard
o Intranet
oView
o Virtual
Learning
Environment
o Document
licences
18. for large scale
digitisation projects
• Reproduction
– RROs generally
have mandates
• Photocopying
• Scanning
• Make available
– Most RROs have
Specific mandates required
for library digitisation
19. 3. Inclusion of works of
non-mandating R/H
(Current experiences from
three alternative
Making Cultural
Heritage available
- Inclusion of Out-
of Commerce Works
20. Authors &
Publishers
Not in RRO
catalogue
User
(Lib
rary
)
Volunt
ary
Collec
tive
Licens
ing
Agreem
ent
RRO
Mandating
Authors
Licensing
Inclusion of works
not in RRO catalogue
Mandating
Publishers
Works may
be
withdrawn
•Legal Presumption
•Extended Coll.
Licence
•Compulsory
21. Contract National Library –
RRO (Kopinor)
– Mandate from authors and
publishers
– Extended Collective Licence
• Digitise and make
available 250,000 books
– Published before 2000
– Includes orphan works and out
of commerce works
– Fee per page made available
to public per year
• User access
“Bookshelf”
(Norway)
22. FRANCE
• Out-of-Commerce Books
published in France < 2001
• Compulsory Collective
Management by RRO
– Right of withdrawal
GERMANY
• Out-of-Commerce Books
published in Germany < 1966
Digitising
project
Some examples22
24. rights
identification
• Observe agreed conditions
• Include works, authors,
publishers covered by
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
31. Main obstacle:
Funding
1.Principles
2.RRO mandates
3.Inclusion of
outliers
4.Id
facilitator
5.Projects
which
include
Out-of-
Commerce
Applicable
across
sectors
Yes or
obtainable
In some, not
all countries
Exists: ARROW
Few projects
Main obstacle:
Funding
The digital sources permitted by RROs’ licences may include:Scanning from analogue original to digital formatDigital to digital, including:Copying from carriers such as CDs and DVDsCopying from online sourcesDownloading and copying from the internetThe corresponding uses and applications would typically cover:Scanning and printing outViewing on screen by authorised persons, and storing within limitsEmailing internally, and in certain cases externallyCreation of slide shows in PPT or similarDisplay on white boards or smart boardsAccess for students via Virtual Learning Environments, and similar internal networksSome RROs license redirecting to publishers’ content, and a few from their own content database.