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.
The Accessible Books Consortium (ABC) has launched a new application that provides access to digital books to individuals who are blind, visually impaired or otherwise disabled.
On April 6, 2021, at 14.00, dr. Maja Bogataj Jančič, LL.M., LL.M. will deliver a lecture on data analytics (TDM) and copyright at the Faculty of Computer Science, University of Ljubljana.
On Thursday, 1 April 2021, Program on Information Justice and Intellectual Property (PIJIP) will hold an online event dedicated to Article 17 of the new EU Directive 2019/790 on copyright and related rights in the digital single market, titled: “Platform liability under Article 17 of the Copyright in the Digital Single Market Directive, Automated Filtering and Fundamental Rights: An Impossible Match”. Welcome!