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IFRRO launches Guide on Licensing of Out of Commerce Works

Submitted by veraliah on Wed, 12/16/2020 - 13:43

IFRRO today launched a Guide on the Licensing of Out of Commerce Works (OOCW) at a webinar attended by over 60 participants, including representatives from the European Commission, WIPO and the European Union’s Intellectual Property Office (EUIPO), as well as IFRRO members. 

The Guide has been developed in consultation with rightholder groups (EFJ, EMMA, ENPA, EVA, EWC, FEP and NWU), together with RROs (Copydan Writing, DILIA, Kopinor, LITA, SEMU, SOFIA and VG Wort), drawing on their experience of collective licensing of OOCW digitisation schemes.

The publication provides practical assistance in respect of licensing of OOCW, under Articles 8 – 11 of the EU Copyright in the Digital Single Market (“DSM”) Directive, and highlights the concerns held by rightsholders regarding the implementation of the provisions.

It is the EU Member States that will ultimately decide how the provisions of the Directive will be implemented at national level and they have until 7 June 2021 to do so. Member States are obliged to consult with rightsholders, collective management organisations and cultural heritage institutions when it comes to the key question of deciding when a work is out of commerce. The Guide provides a useful source of information, in particular in the context of national consultations with stakeholders.

The information about current licensing schemes in the Guide will be updated, as new schemes are developed. IFRRO members have been asked to inform IFRRO about any national OOCW licensing schemes, with a view to such schemes being publicised on a dedicated OOCW webpage on the IFRRO website (see here) to generate broader awareness among RROs and rightsholders.