ICOLC October 2008

Digitising in copyright material: soft law approach to mass digitisation

20.10.2008

The

Large scale digitisation: basic assumptions— Libraries want to digitise vast collections, including materials

that are still under copyright— Many of these materials are out of print or not commercially

available— Many of these materials are orphaned— Some of these materials are ‘authorless’ and/or unpublished

— Finding right holder/getting permission on title-by-title basis problematic:— capacity libraries/archives insufficient — costs diligent search rise sky high

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Approach world wide— Strong focus on orphan works and diligent search— Not yet solutions for mass digitisation

— United States— Legislation on orphaned works is pending in Congress

— Europe— 4 June 2008 Memorandum of Understanding — guidelines for diligent search for diverse works— guidelines for public-private partnerships

— Netherlands— co-operation with publishers to find solution

Joint solution possible when— Publishers and Libraries

— agree on the definition of the problem— both have the intention to overcome the problem— are willing to look for practical rather than juridical solutions

Letter of Intent— Signed during opening of Amsterdam World Book Capital— Single helpdesk for library digitisation projects;

— Ability libraries to digitise collection on condition of concluding agreement for each project with relevant copyright holder’s organisations;

— Agreement should balance each others interest but must prevent unnecessary expensive workflows;— right owners can prohibit digitisation certain works if they are still commercially

relevant.

— Establishment Committee assessing requests institutions & promoting concluding agreements

Agreements on:— works eligible to digitisation— procedure to make digitally available for education, research or

private use— possible fee

Joint committee— Publishers and Libraries — For a period of 2 years

— Mediates between cultural heritage institutions that want to carry out mass digitisation projects, and right owner organisations

— Libraries must register their project plans and inform Committee about the works to be digitised and their copyright status

— assesses plans and establishes contacts between library and right owner organisations involved

First milestone— Cultural heritage institutions will get a general permission to

digitise works that:- form part of the Dutch Cultural Heritage- are not commercially available anymore (by best knowledge)- form part of the institutions own collection- have been acquired lawfully- will be made available only on site through the secured network of the

library

- Authors must be given opportunity to withdraw their works

Remaining Issues— Must a library pay for the permission to digitise their collections

for onsite availibility? Libraries think not!!— How to deal with on line availability?— What to do with other works, that don’t meet the criteria of

Cultural Heritage and/or Commercial (non) availability?

To be continued

Thank you for listening