DIGITISATION OF CULTURAL MATERIAL, DIGITAL LIBRARIES AND COPYRIGHT

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1 DIGITISATION OF CULTURAL MATERIAL, DIGITAL LIBRARIES AND COPYRIGHT Spanish National Library, Ministry of Culture, Spain April 12 and 13, Madrid C. Trevor Clarke Assistant Director General World Intellectual Property Organization (WIPO)

2 Orphan and Out-of-Print Works: Size of the Problem Overview Orphan Works in Numbers Some Causes of the Problem The Range of Difficulties WIPO S Involvement.

3 Orphan Works in Numbers A Sample of Findings: - 40% percent of all print works are orphan (British Library) - The number of orphan print works published in the US is estimated at 25%. (Personanondata blog) The problem is elusive to quantify and describe comprehensibly (2006 US Report on Orphan Works).

4 Some Causes of the Problem Inadequate information on the work: - No name of the author - No copyright notice - (retaining paper records for 70 years!) - No title Company Changes - Transfer of rights: merger, closure

5 Some Causes of the Problem People Changes: - Death of the copyright owner - Rights fractionally distributed

6 The Range of Difficulties Different types of works affected differently: The problem is worse for visual arts, specially in photographs. Manuscripts and unpublished works are also greatly affected. Large amounts of unidentified content circulate over the Internet but digital tools such as Rights Management Information are key to solve the problem. The answer to the machine is in the machine (Clark).

7 The Range of Difficulties Orphan works and Out of Print Works. The problem of orphan works is linked to the larger issue of availability of creative content: - Out of print and works not exploited commercially are more likely to remain orphan. - Digital technology is a driver of accessibility and a facilitator of long tail business models.

8 The Range of Difficulties Limitations of Existing Information Resources and Difficulties in the Search - Government resources: Voluntary Registration Systems and Legal Deposit. - Non-Government resources. CMOs; private registries, escrow; catalogues, search engines, portals, databases, etc.

9 The Range of Difficulties Not all existing information is publicly available or easily searchable. Some factors that presents difficulties in the search of information: - Lack of Standardization - Lack of Accuracy - Lack of compatibility between different data sources - Lack of Automation

10 WIPO s Involvement Administration of the Berne Convention: - In case of anonymous and pseudonymous works where there is doubt in regard to the identity of the author, publisher shall be deemed to represent the author (15.3) - In case of unpublished works of unknown author but where there is every ground to presume a given nationality, legislation in that country may designate an authority to represent the author (15.4).

11 WIPO s Involvement Standing Committee - Under Future Work, the EU, supported by the US, proposed that an exchange of information at the international level would be a very useful exercise and especially so in the cross-border effects of digitization activities (SCCR 17/4, November 2008)

12 WIPO s Involvement Development Agenda (DA) One Thematic Project is closely linked to Orphan Works. - IP and the Public Domain DA Rec. 16 Preservation and accessibility of the public domain - DA Rec. 20 Preparation of guidelines to assist Member states too identify what is in the public domain within their respective jurisdictions.

13 WIPO s Involvement (1) Thematic Project: Survey on Voluntary Registration and Deposit Systems The new survey would expand on the 2005 Survey in at least four different respects - one of which deals with orphan works.

14 WIPO s Involvement This new Survey on Voluntary Registration is based on a Questionnaire, which is available on our website. It contains a number of key questions on orphan works and represents the first worldwide public fact-finding exercise on this issue. The responses are due before the end of April.

15 WIPO s Involvement (2) Thematic Project: Survey on Private Copyright Documentation Systems and Practices - To investigate how existing documentation systems identify whether content is/not protected, is/not in the public domain. - To discover what legislation or industry practices aimed at identifying the copyright owner of orphan works.

16 WIPO s Involvement (3) Conference on copyright documentation and infrastructure (4th quarter of 2011) - To present the results of the two Surveys.

17 WIPO s Involvement The problem is really global in scope and will eventually require a global solution. The commitment of the EU and others to address the issue is encouraging for other WIPO Member States to get involved. Hope all will support this Future Work.

18 Thank you WIPO Copyright Sector