1. Global Meeting on Emerging Copyright Licensing Modalities - Facilitating Access to Culture in the Digital Age Making Orphan Works Available: a Licensing Solution? Magdalena Vinent, President, IFRRO 5 November 2010, Geneva

2. I) IFRRO: Mission Statement and Members II) Orphan and Out-of-Print Works III) How to make orphan works available? IV) Access to orphan works through collective licensing V) Basic criteria VI) Agreements among RROs VII) Some examples SUMMARY

3. I) IFRRO: Mission Statement 1984: Forum of RROs 1988: Federation Mission: “IFRRO works to increase internationally the lawful use of text and image-based copyright works and eliminate unauthorised copying by promoting efficient Collective Management of rights through RROs, which complement creators´and publishers´own activities”.

4. RROs (73) RRO Members (59) Mandated to licence reprography Represent publishers and creators Associate Members (14) “RROs” representing publishers or creators Authors and Publishers Associations (55) International National IFRRO: 128 Members in 66 countries I) IFRRO: Members

5. II) Orphan and Out-of-Print Works Orphan work: copyrighted work whose owner cannot be located. Out-of-Print work: copyrighted work which is no longer commercially available regardless of the existence of tangible copies of the work in libraries and among the public.

6. III) How to make orphan works available? Compulsory measures Voluntary measures: IFRRO’s proposal, agreed on with authors and publishers

7. IV) Access to orphan works through collective licensing 1. Each country will take their own measures to make orphan works accessible following basic criteria 2. Collective management (RROs) 3. Current systems of collective management: voluntary licences, voluntary licences with legislative backing, and legal or non-voluntary licences. 4. Bilateral agreements between RROs 5. Sharing an orphan works database (ARROW)

8. V) Basic criteria 1. Diligent search 2. National legislation which will guarantee legal certainty 3. Licences issued by RROs 4. Conditions for the use OW, tariffs, compensation, right to withdraw OW

9. VI) Agreements among RROs 1. Declaration of Orphan works agreed among all countries 2. Share information 3. Technical tools (ONIX for RROs) to share information 4. Mutual recognition of the conditions for the use of OW 5. Bilateral agreements signed among all RROs

10. VII) Some examples Germany: Project among National Library, Publishers Association and VG Wort for the use of orphan works until national legislation is modified. Spain: CEDRO has requested to the Government and Parliament in Spain that the management of orphan works is regulated. Norway: Bookshelf, project taken into practice by the National Library and Kopinor, based on the extended collective licence.

11. Thank you direccion@cedro.org