IEF 11847

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New EU rules for orphan works

Council of the EU, intellectual property: New EU rules for orphan works, 14456/12, PRESSE 408, 4 oktober 2012.

Niet heel verrassend na IEF 11752 Uit’t persbericht: the new rules [e.g. Directive of the european parliament and of the council on certain permitted uses of orphan works, 2011/0136 COD] will facilitate the digitisation of and lawful cross-border online access to orphan works contained in the collections of libraries, educational establishments, museums, archives, audiovisual heritage institutions and public service broadcasting organisations.

The directive will apply to works that are first published or broadcast in the territory of a eu member state. A diligent search for right holders will be carried out in that member state prior to granting the orphan work status.

Material catalogued as having orphan status in a member state will have the same status in all member states. A single publicly accessible online database will contain the information related to orphan works, including the results of searches for right holders.

The directive provides for a system of compensation in the event of reappearing right holders. The level and conditions of compensation will be fixed by the member states taking into account the non-commercial use of the works made by the beneficiary institutions.

Member states will have a maximum of two years to incorporate the new rules into their national legislations.