3. what can be done?
we have iden8fied four approaches:
• rights clearance by the cultural heritage insEtuEons
themselves
• deals with collec8ve rights management
organiza8ons
• the opt out approach (youtube)
• change the law (addiEonal exempEons & limitaEons
for cultural heritage insEtuEons)
6. permission for digiEzaEon
• A^er consent has been given, the works may be
digiEsed without further specific consent being
required for each parEcular one of them;
• The works may be made available on the premises of
the insEtuEon concerned for the purposes of teaching,
research, and private study;
• The “reasonable payment” that is required will in
general amount to EUR 0 if the condiEons for
digiEzaEon have been met
7. condiEons for digiEzaEon (1):
• The insEtuEon is a publicly accessible not for profit
library, museum, or archive
• Only works forming part of the insEtuEon’s collecEon
will be digiEsed;
• The works to be digiEsed form part of the Dutch
cultural heritage;
• The works to be digiEsed have been lawfully acquired
by the insEtuEon;
8. condiEons for digiEzaEon (1):
• To the best knowledge of the insEtuEon, the works to
be digiEsed are no longer commercially available;
• the rights regarding the works to be digiEsed are
vested in Dutch right holders or in right holders who
can be represented by a Dutch collecEng society;
• It is difficult for the insEtuEon to contact individual
right holders;
• works need to be registered and authors need to be
offered the ability to opt out.