This document summarizes the debate around digitizing out-of-commerce and orphan works in France. It discusses the ReLIRE system established in 2012 to collectively manage rights for unavailable books published before 2001. However, some authors strongly oppose this law, arguing rights should return to authors for out-of-commerce works. There is also uncertainty around how the ReLIRE system and a proposed EU directive on orphan works may interact. Alternatives discussed include fair use models and establishing exceptions allowing libraries to digitize and provide access to out-of-commerce works.
Practical Research 1 Lesson 9 Scope and delimitation.pptx
Digitizing Out of Commerce and Orphan Works : a (critical) french perspective
1. Digitizing out of commerce and
orphan works – a (critical) french
perspective
Par Lionel Maurel (SavoirsCom1 / La Quadrature du Net)
IFLA CLM/EBLIDA – Strasbourg 13/08/2014
Ecrans infinis. Par fdecomite. CC-BY.
2. The initial situation
● Stasse Report (2005) : first
propositions to digitize the
« grey zone » of books (out
of commerce works)
● 2009 : Google Books
convicted in France for
violation of copyright law
(opt out system)
● 2010 : first attempt to vote
a law in France for orphan
works (photographies)
Par Petahopkins. CC-BY-NC-ND
But lot of uncertainty about ownership
of rights on out of commerce works...
3. 2012 : Law on « unavailable
books » and ReLIRE system
An hybrid collective management
of rights for « unavailable books »
before 2001, with opt-out
for authors and publishers
4. Strong oppositions from (some)
authors
● Unavailable books are not out of
commerce book
● Publishers breach their contractual
obligations when books become out of
commerce
● Therefore rights on out of commerce
works should return to authors
● The law is unbalanced in favor of
publishers
● Authors have to opt-out / a licence is
proposed to publishers by the collective
management society
● Accusations of « state piracy »
Pen3. Par Merlinprincesse. CC-BY-NC-ND
March 2014 : Law challenged in courts
by authors, but not annulated by
Constitutionnal Council.
Trial still pending before the Council
of State
5. Criticisms from a librarian
perspective
● The ReLIRE project is strongly
dependent on public funding
● Digitization will be conducted on the
collections of the French National Library
(BnF)
● But no public access oonn tthhee ddiiggiittiizzeedd
bbooookkss wwiillll bbee ppoossssiibbllee
● ReLIRE is only a commercial project
● No pedagogic or research uses
● No distinction between general literature
and academic books
● No national licence
● No possibility to display this books on
Europeana
Strong contrast with the Google Books
Case in USA and consequent fair use
development (Hathi Trust Case)
6. Questions on the economic model
● Publishers were very reluctant to
participate to the funding of the
ReLIRE system because of lack
of rentability
● Low perspectives with individual
consumers (old books, DRM,
etc.)
● Selling licences to french
libraries ?
● What will be the position of
french consortium ?
Joe Schlabotnik. CC-BY
What is the sustainability of
the ReLIRE system ?
7. Orphan works, the ReLIRE
system and the european
directive
● The french law on unavailable
books doesn't deal directly with
orphan works
● But with an opt out system,
orphan works will be included in
unavailable books
● Possibility for libraries to ask for
a licence for « unreclaimed »
books after 10 years
● But books can't be displayed on
Internet, only on securised
networks to library users...
Uncertainty about the articulation
of the french law and
the european directive on orphan works.
Finally, the two systems could co-exist.
Par Auntie G. CC-BY-NC-SA/
8. Alternatives ?
● Bokhyla project in Norway :
extended collective licence for a
national open access for books
● Fair use developments in USA
after the Google Books Case
and benefits for libraries
● Europeana respons to the
public consultation on copyright
reform : a new exception for
libraries to digitize and display
on Internet out of commerce
works, with opt out for rights
holders
9. Question of strategy for libraries ?
Teliko82. CC-BY-NC
● Orphan works and out of
commerce works are just
symptoms of deep
pathologies that affect the
copyright system
● Copyright lasts too long, no
registration system of
works, use of works
considered as a prejudice
● No real « right » for the
public to access and use
works, just limitated
Is it possible to find a real solution to the orphan exceptions
and out of commerce
works problem just with copyright exceptions ?
10. Orphan works, out of commerce
works and legalization of sharing
Sharing par ryancr. CC-BY-NC
● Propositions to legalize
non-commercial sharing of
works on Internet
● In a situation where sharing
is legalized, orphan and out
of commerce works could be
displayed on Internet by
libraries
● With a flat rate system,
rights holders could have a
remuneration for their works With the legalization of non-commercial sharing,
the problem of orphan and out of commerce
works will be strongly limitated