Tuesday, October 1 • 4:30pm - 5:00pm
An uncertain but hopeful future: Freeing out of commerce works

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So-called “out of commerce works” are any works such as films and audiovisual materials etc. that are in copyright but are not commercially available, leading to a situation where these works are inaccessible to the public. The new EU Copyright Directive, which is due to be legally approved in 2019, will enable cultural heritage institutions to obtain licenses from representative organisations to use these out of commerce works for non-commercial purposes. This licence may be extended to legally apply to similar out of commerce works which are not represented by the organisation. Furthermore, the Directive will also allow cultural heritage institutions to make copies available online of these works for non-commercial purposes without a license, where there is no representative organisation to obtain a license from. These proposed new regulations could be indispensable for archives who wish to utilise the often large number of out of commerce works in their collection, and to provide public access to this shared cultural heritage. This would benefit both the archives who want their collections to be explored and used; as well as the public who do not currently benefit from our vast collective cultural heritage.
This presentation seeks to address the potential benefits of the out of commerce provisions that film or sound and audiovisual archives could utilise. It also seeks to address the ambiguity of the proposed legal provisions and to explore whether and how these provisions could be successfully implemented in existing archival practice.


Tuesday October 1, 2019 4:30pm - 5:00pm BST
BenGLab 1