ISF Memo on Orphan Works directivePosted: November 12, 2011
The European Commission has adopted a Proposal for a Directive on certain permitted uses of orphan works with a view to establishing common rules on the digitisation and online display of so-called orphan works.
Information Sans Frontières is an alliance representing the institutions in the Member States addressed by the proposed Directive. We urge that the Directive should embrace unpublished as well as published works, and creative works in all media. We are unanimously of the view that the Directive is in danger of failing to achieve its policy objectives, in particular large-scale digitisation projects. The Commission’s proposal has several inherent contradictions with respect to the purpose of the Directive.
- It is too prescriptive of the methods to be used by the target institutions, insisting on procedures that in some cases will be impracticable
- It is insufficiently hospitable to solutions based on licensing, which are mentioned in the Recitals but which have no legislative support in the following Articles in order to allow them to function across borders
- It seeks to modify the exceptions contained in Directive 2001/29/EC by adding further restrictions on the freedom of action of the target institutions