Annex 7
i2010D IGITAL L IBRARIES C OPYRIGHT S UBGROUP’S R ECOMMENCED K EY P RINCIPLES FOR R IGHTS C LEARANCE C ENTRES AND D ATABASES FOR O UT-OF-P RINT W ORKS PREFACE
The European Commission has made digital libraries a key aspect of i2010 as expresd inter alia in its Communication i2010: Digital Libraries of 30 September 2005. The Commission’s Recommen-dation of 24 August, approved by the Council in November 2006 focus on digital prervation, orphan works and out-of-print works. Text-bad, visual, musical and audiovisual materials include works which the pertinent rightholder (author or publisher/producer) may no longer wish to comer-ciali. Digitisation and online accessibility to such works could be facilitated.
A High Level Expert Group (HLG) was appointed to advi the Commission on implementation issues regarding the European Digital Libraries initiative. To develop solutions on key copyright is-sues, the HLG established a Copyright Subgroup which worked out a t of High Level Principles1 that were endord by the HLG at its meeting 17 October, 2006.
As a part of the solution on copyright issues, the Copyright Subgroup recommended rights clear-ance c
海鸟跟鱼相爱entres and dedicated databas concerning information on out-of-print works taking into ac-count that any mechanism intended to facilitate the European Digital Libraries (EDL) should in principle be established or promoted on a voluntary basis. The High Level Principles are fundamen-tal for the establishment of Rights Clearance Centres (RCC) and Databas (DB) in relation to the i2010 European Digital Libraries.
Moreover, co-ordination should take place among the various initiatives at national levels and across the European Union, to avoid unnecessary duplication among different initiatives. National RCCs could act as portals and centralid access points for the clearance of rights and be accessible across borders, supported by DBs and registries. Interlinking national databas would establish a European centralid access point and a European wide solution. It should take account of the vari-ety of existing and future information resources available. Aiming to facilitate the digitisation and making available out-of-print works the Copyright Subgroup developed a Model Licence. It was endord by the HLG at its meeting 18 April, 2007 and is available on the European Commission’s web page2.
OUT-OF-PRINT WORKS - RIGHTS AND PROCEDURES
There are various reasons why a work is declared to be no longer commercially available/out of print3. Preamble G of the out-of-print works Model Licence2 recognis that the rightholder may at his/her sole discretion decides whether a work is to be considered in or out of print. At the time of a request by a cultural institution to digiti a work in copyright it may already have been declared by the right holder as being no longer commercially available and “out-of-print”, or it may be declared as such as a conquence of the request.
Rights in an out-of-print work depend on the legislation as well as contractual arrangements between the creator and publisher/producer. The legislation of some countries decides that the rights to works which are no longer commercialid or in print revert to the author of the work. Rights may also re-vert to the author by contract, sometimes depending on the number of copies available or other conditions. Often also publishers/producers hold rights in an out of print/commerce works.
1 Report on Digital Prervation, Orphan works and Out-of-Print works. Selected Implementation Issues, page 2/3
2 ec.europa.eu/information_society/newsroom/cf/itemlongdetail.cfm?item_id=3366
中央集权制3 For audiovisual works « out of commerce », Commission Recommendation of 2
4 August 2006 on the digitisation, and online accessibility of cultural material and digital prervation, Whereas 10 and Recommendation 6b
A work that is declared by the rightholder to be out of print/no longer commercially available may already exist in (an) electronic format(s)4. Where this is not the ca, the rightholder may wish to digiti the work her/himlf. Moreover, the rightholder may also wish to authori directly her/himlf the digitisation and/or making available of the out-of-print/commerce work and adminis-ter all or some rights in such works directly her/himlf or through (an) agent(s). Rightholders or the agent(s) may also on a voluntary basis choo to co-operate in the establishing of a centralid clear-ance centre and/or make u of an already established one, e.g. a Reproduction Rights Organisation (RRO) for the licensing of the digitisation, making available or the accessing of a work that has been declared as being no longer commercially available/out-of-print.
HIGH LEVEL PURPOSE OF RIGHTS CLEARANCE CENTRES AND DATABASES
The main purpo of Rights Clearance Centres (RCCs) and the Databas (DBs) for out-of-print works is to create nationally convenient, albeit not compulsory centralid access points for the clearance of rights to digiti and make available works that the pertinent rightholders have declared
to be no longer commercialid/out of print. The instruments would facilitate the realisation of the European Commission i2010 Digital Libraries initiative. They are therefore intended for u by rightholders and cultural institution for the clearance of rights in respect of such works and reprent a part of the out-of-print work solution propod by the Copyright Subgroup endord by the HLG as an alternative to individual licensing directly by rightholders,. When a mandate has been granted by the rightholder to the RCC, this may imply that it is authorid to licen the digitisation and/or making available of the out-of-print work or to redirect the request to the rightholder.
The RCCs and DBs reprent a combined solution that shall:
in order to discover whether
a.the work has been declared out-of-print and is already registered as available digitally, e.g.
from another library which has already sought and obtained permission to digiti the work
b.the work has been declared out-of-print and no permission has been granted to make it
available online
2. enable cultural institutions such as libraries, archives and muums to proceed from discovery of digitisation status to
a.ek permission to digiti the work, either directly from the rightholder(s) or through the
procedures established by the centralid Rights Clearance Centre (RCC).
b.digiti the work subject to the relevant terms and conditions established, and, when applica-
ble, subquently make the digitisation accessible to its urs on the conditions established in the licensing agreement; or
c.ek access to a work that has been digitid and made available digitally from another
source, e.g. another national or foreign library, archive or muum, or another authorid ur
搞笑作文笑到吐血DEFINITIONS
Databa means a network of databas (libraries; publishers; industry sources; Reproduction Rights Organisations (RROs); other authorities (both national and international)) of metadata accesd via national portals.
Rights Clearance Centre (RCC) means a nationally established centralid access point to a network of clearance centres made up of that of the RCC and tho of individual authors or publishers and their reprentatives such as RROs
4 In the ca of an electronic version the rightholder may decide to offer it on demand or declare not to commerciali it.
南溪豆腐干Metadata is a relationship that someone claims to exist between two entities, one of which is the referent. (Definition ud by Indecs)
GOVERNING PRINCIPLES OF THE DATABASES AND RIGHTS CLEARANCE CENTRES FOR OUT-OF-PRINT WORKS
For rightholders the governing principles are:
- Respect for copyright and related rights, including moral rights of creators and perform-ers of copyrighted works;
- Digitisation and u within the premis of libraries should take place with rightholders’ connt or be bad on statutory exception;
- Online availability should take place with rightholders’ connt;
- Rightholders’ connt means in principle rights clearance, which should be bad on individual or collective licensing or a combination thereof.
For libraries, archives and muums the governing principles are:
- Respect for copyright and related rights, including moral rights of creators and perform-ers of copyrighted works;
- Legal certainty in their activities;
- Making works available to their urs, which means access either within the premis of libraries, archives and muums or online availability;
鲁豫体重
- Digitisation of copyright works requires getting permissions to digiti and access the work.
R IGHTS C LEARANCE C ENTRE (RCC).K EY P RINCIPLES三天打鱼
1.Policy
The RCC shall be bad on voluntary participation by the rightholders
The u of the RCC shall be voluntary by cultural institutions
Rights clearance can be carried out directly from the RCC or as a redirection to the rightholder’s own databa or other sources authorid by the rightholder to licen the digitisation and/or making available of the work, depending on the mandate from the rightholder to the RCC.
2.The Mandate
Subject to the mandate from the rightholder, the RCC licens the digitisation, making available and u of a work on the principle of a voluntary mandate
The rightholder shall be at liberty to register metadata on the work with a RCC and, if so, with one or more RCCs
3.Licensing
The RCC shall establish a request handling policy which shall include
i.Direct licensing including a register of works which the RCC has been authorid to li-
cence
ii.Redirecting to individual rightholders
iii.Redirecting to rightholder reprentatives including Collective Management Organisations (CMOs)
iv. a list of works for which the RCC has been authorid to redirect
The Licensing policies and criteria shall be worked out in co-operation with the pertinent rightholder associations and the collective management organisations in the relevant fields The RCC shall establish and publici its licensing policy and criteria, including the policy for using the RCC outside its national territory
The licensing policy must enable cultural institutions to apply for a licence to digiti and make available an out-of-print work.
4.Licensing Conditions
Subject to national legislation, the RCC shall allow rightholders to establish licensing condi-tions individually
The RCC shall establish a t of default conditions which shall apply in the abnce of condi-tions t by the rightholder
The default licences shall include stipulations on the moral rights to be obrved
The default licence shall include the terms on the monitoring and enforcement of the licence conditions
The default conditions for out-of-print works shall be bad on the Model Licence for out-of-print works developed by the Copyright Subgroup of the i2010 Digital Libraries initiative.
5.Remuneration
The RCC pays out to the rightholder all such fees it collects on his/her behalf through such channels as are agreed
财务总监岗位职责The RCC will ensure shortest possible period from collection to distribution of remuneration to rightholders
云成语接龙6.Interoperability
The RCC shall work out and publici its policy on integration with individual rights clearance mechanisms
The RCC shall establish and publici a policy on interlinking with other RCCs outside its bor-ders
7.Transparency
The RCC will define and publici “relevant information” to participating rightholders, cul-tural institions and other potential licenes
What is “relevant information” shall be worked out in co-operation with the pertinent national rightholder associations and the CMOs in the relevant ctors consulting also reprentatives from the cultural institutions, and include administrative costs
The RCC shall ensure that “relevant information” is easy accessible to participating righthold-ers and cultural institutions
The RCC shall keep and make publicly available a register of works on which metadata is available for out-of-print works
