More on Articles 8 through 11 of the new DSM Directive
On 2 December 2019, Communia published the Guidelines for the implementation of the DSM Directive. Ariadna Matas and Paul Keller have produced a Guide to Articles 8 through 11 of the DSM Directive, which govern the use, digitalisation and making available online of Out of Commerce Works (OOCWs) by Cultural Heritage Institutions (CHIs).
Article 8 of the new DSM Directive stipulates that member states must provide a legal solution to the CHIs in order to allow them to digitise and make available online OOCWs. This can be achieved either through licenses, provided by representative Collective Management Organisations, or through exceptions to copyright. Rights holders, whose works are digitised and made available under these provisions, can request the removal of their works from what has been made available through the license or the exception.
Article 9 stipulates that Article 8 mechanisms must be accessible in all EU Member States. Further, pursuant to Article 10, the European Union Intellectual Property Office – EUIPO shall establish and manage a public single online portal, where information on OOCWs will be available.
Article 11 states that Member States must organise a stakeholder dialogue in order to agree on requirements of what is considered an OOCW, and at the practical level to make licenses and the exception workable.
For a detailed analysis, read the Guide on Articles 8 through 11, prepared by Europeana and Communia.
The Internet Archive will file an appeal against an unfair decision that ignores the value of the libraries’ work
The Internet Archive is a non-profit organization that maintains the Open Library, a digital library index, and is dedicated to preserving knowledge. As many of the works in the Internet Archive are under copyright, the Archive uses a system of controlled digital lending based on digital rights management to prevent unauthorized downloading or copying of copyrighted books. In March 2020, due to the circumstances surrounding the COVID-19 pandemic, the Internet Archive established the National Emergency Library, eliminating the waiting lists used in the Open Library and expanding access to books for all readers. In June 2020, the Emergency National Library faced a lawsuit from four book publishers and was ultimately closed.
The 43rd session of the WIPO Standing Committee on Copyright and Related Rights (hereinafter SCCR) made substantial progress on the issues advocated by the A2K Coalition (Access to Knowledge Coalition), which IPI is a member of. This year’s session was the most productive on the issues of exceptions and limitations. James Love (Knowledge Ecology International), a long-time observer at WIPO, described the outcome and the impact of the public interest community as the strongest since the conclusion of the Marrakech Treaty, which brought global copyright exceptions for the benefit of the blind and visually impaired.
Today, March 17, 2023, a symposium on law in the information society is taking place in the golden lecture hall of the Faculty of Law in Ljubljana. Dr. Maja Bogataj Jančič will present copyright aspects of artificial intelligence at the symposium.
The third day of the 43rd session of the WIPO Standing Committee on Copyright and Related Rights is intended for discussion on the topic of exceptions and limitations to copyright, especially in connection with the right to research.