Global Meeting on Emerging Copyright Licensing Modalities - Facilitating Access to Culture

in the Digital AgeMaking Orphan Works Available:

a Licensing Solution?

Magdalena Vinent, President, IFRRO

5 November 2010, Geneva

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

SUMMARY

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”.

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

IFRRO: 128 Members in 66 countries

I) IFRRO: Members

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 youdireccion@cedro.org