3. What works are covered by the Directive?
The Directive applies to following categories of works first published in the EU who are stillprotected by copyright but whose authors or other right holders cannot be anymoreidentified and located:
works in the print sector (books, journals, magazines and newspapers)
embedded images in those print works
cinematographic and audio and audio-visual works.The Directive also applies to unpublished works (such as letters, manuscripts, etc) undercertain conditions.
4. What are the main elements of the new Directive?
First, the directive contains rules on how to identify orphan works
. It states that acultural organisation that wishes to digitise and make available the work has to conduct adiligent search to find its copyright holder(s). In this search, it should rely on sources suchas databases and registries. One such tool that exists in the book publishing sector isARROW,the Accessible Registry of Rights Information and Orphan Works. It is hoped thatother sectors will also develop similar central rights information databases. Doing so wouldgreatly simplify and streamline the conduct of a reliable diligent search.
Secondly, the directive establishes that if a diligent search does not yield theidentity or location of the copyright holder(s), the work shall be recognised as anorphan work.
This status shall then, by virtue of mutual recognition, be valid across theEuropean Union. This implies that once a work is recognised as an orphan work, it shall berecognised as such across the European Union and the organisations will be able to makeit available online in all Member States. The Directive also foresees the establishment of asingle European registry of all recognised orphan works that will be set up and run byOHIM, the European Trade Mark Office based in Alicante.
Thirdly, the proposal establishes the uses that can be made of the orphan works.
The beneficiary organisations will be entitled to use orphan works to achieve aims relatedto their public interest mission. They will be allowed to conclude public-privatepartnerships with commercial operators and to generate revenues from the use of orphanworks to cover the digitisation costs.The Directive also foresees a mechanism to allow a reappearing right holder to assert hiscopyright and thereby end the orphan work status.
5. What more can be done to promote digital libraries?
Orphan works, while important, are only one of the issues that digital libraries face in theirquest to make Europe's cultural heritage available online. The other issue is obtainingcopyright permissions for the online display of out-of-commerce works.Out-of-commerce works are works that are still protected by copyright but are no longercommercially available because the authors and publishers have decided neither to publishnew editions nor to sell copies through the customary channels of commerce. It is of crucial importance for a digital library project that out-of-commerce works are not leftbehind.