3. ECL in the EU framework
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Recital 18 of Directive 2001/29/EC on Copyright in
Information Society
Recital 24 of Directive 2012/28/EC on certain uses of
Orphan Works
Recital 12 and Article 7 of Directive 2014/26/EC on
collective management of rights
Article 4 of Memorandum of Understanding on Key
Principles on the Digitisation and Making Available of
Out-of-Commerce Works of 2011
4. ECLs in different shapes and forms
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Bookshelf project
(Norway)
Encyclopedi
a (Denmark)
Out-of-commerce
books (Germany)
Relire
(France)
Out-of-commerce
books (Slovakia)
ECL provision (UK)
Out-of-commerce
books (Poland)
5. Characteristics of ECL
Nature of the extension mechanism
Requirement of representativeness of CMOs
Opt-out option
Subject matter covered by the agreements
Definition of user groups
Scope of the licence
Conditions of use
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7. Country of first publication
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Orphan Works Directive
8. Legislative intervention necessary
‘(1) For the purpose of the conclusion of agreements between a
collective management organisation and a user, a Member State
may introduce a mechanism by which the work of a rightholder
who has not transferred the management of his rights to a
collective management organisation, shall be presumed to be
managed by the collective management organisation which
manages rights of the same category of works in that Member
State, unless he has expressly advised otherwise.
(2) Where such a mechanism has been established in a Member
State for the making available by publicly accessible cultural
heritage institutions of works first published in that Member State,
the works may be made available at, or by the same categories of
institutions in all Member States’.
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9. Advantages
This proposal leaves Member States free to:
Establish an ECL or not;
Fix the conditions of exercise:
Works covered (type/ cut-off date)
Duration
Payment
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10. Drawbacks
This proposal does not guarantee broad
availability of works;
Actually it guarantees a patchwork coverage!
Necessitates organisation of CMOs
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11. Need for a transparency measures
The actual repertoire
The opt-outs
The licensing conditions covering the use of
works first published in that country.
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