Out of Commerce Works FAQs: the system in practice
Explore these FAQs to gain a better understanding of the Out of Commerce Works system, specifically questions related to the system in practice.
Explore these FAQs to gain a better understanding of the Out of Commerce Works system, specifically questions related to the system in practice.
Out of Commerce Works are materials in the collections of cultural heritage institutions, most likely protected by copyright, and no longer in commercial circulation. In mass digitisation projects, clearing rights to make these materials available online is often complex to an extent where it can become prohibitive.
In order to avoid a situation in which they are locked away from online access, the Copyright in the Digital Single Market (CDSM) Directive created a legal solution so that cultural heritage institutions (CHIs) from across the European Union could share these materials online legally without having to ask for permission on an item by item basis. The out of commerce works provisions in the CDSM Directive are an key opportunity for many cultural heritage institutions to overcome one of their most important copyright problems.
Members of the Europeana Working Group on Out of Commerce Works have developed FAQs to help cultural heritage professionals gain a better understanding of the various characteristics of the out of commerce works system, so that you can successfully share more out of commerce works available online. The FAQs below cover questions related the system in practice. You can also explore questions related to the CDSM Directive and its transposition; key concepts in the Directive; and stakeholder dialogues.
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These FAQs have been developed by members of the Europeana Working Group on Out of Commerce Works. They were first published in September 2022. The aim of the working group is to continuously review these questions and recommendations in the answers. For any comments or suggestions, please reach out to copyright@europeana.eu.
The information in the FAQs should not be used as professional or legal advice (if you need specific advice, we recommend consulting a suitably qualified professional).
Disclaimer: The International Federation of Reproduction Rights Organisations IFRRO is an active member of the Europeana Out of Commerce Works working group, has made an important contribution to the discussions, including for the development of these FAQs, and closely cooperates with Europeana on raising awareness within their respective memberships about out of commerce works. There are however divergences of opinion on some of the content, including certain advocacy and policy recommendations described in the FAQs.