On 20 February, IFRRO organised a one-day special session on the implementation of the Copyright in the Digital Single Market (“DSM”) Directive for its members, with a particular focus on Articles 8-11 concerning Out-of-Commerce Works (OOCW) and Article 12 concerning collective licensing with an extended effect.
Following a welcome by IFRRO’s President Yngve Slettholm, the seminar was kicked off with an update by IFRRO’s Head of Legal Affairs, Catherine Starkie, on the current status of implementation of the DSM Directive across the European Union’s Member States.
Part I of the special session focused on OOCW. Bence Kertesz and Anna Kolodziejska from the European Commission’s Copyright Unit (DG Connect) began the session with an overview of Articles 8-11 of the DSM Directive. This was followed by a discussion panel on “How to successfully license OOCW under the DSM Directive?”, moderated by Olav Stokkmo. IFRRO collective management organisation (CMO) members from Copydan Writing, Kopiosto, Sofia and VG Wort explained how they had approached licensing of OOCW in their countries and what advice they would give to other CMOs in the text and image sector, based on what they had learnt from their own experiences. A lively question and answers session followed, during which participants discussed key questions arising from the Directive.
Looking ahead, the need for constructive dialogue between rightholders, CMOs and cultural heritage institutions was emphasised, in order to foster successful licensing solutions and ensure effective safeguards for rightholders. IFRRO CEO, Caroline Morgan, underlined the importance of empowering CMOs to be able to offer licences through mandates. The discussion will feed into an IFRRO guide to licensing of OOCW, which is currently in progress.
Part II of the session focused on extended collective licensing (ECL). Following an overview of Article 12 of the DSM Directive by the European Commission representatives, Danish copyright lawyer Peter Schønning explained in detail the system of ECL to participants, including its origins and how it had developed. A question and answer session followed, which was moderated by Yngve Slettholm.
IFRRO looks forward to continuing discussions on the implementation of the DSM Directive with its members at its European Group meeting in Oslo in May.