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.
After MEPs first discussed the draft report of rules for Artificial Intelligence (AI) in may, they have already adopted a first set of EU rules for AI regulation at yesterday’s plenary session.
After UNESCO General Conference confirmed in 2019 the establishmentof the International Research Center for Artificial Intelligence (IRCAI), the Government of Republic of Slovenia finally this week adopted an official notification for its establishment. This means that IRCAI is now officially established.
On 5 and 6 October 2020, Europeana in cooperation with Deutsche Nationalbibliothek and under the auspices of the German Presidency of the Council of Europe organised a digital conference titled “The role of copyright in the digital transformation of the cultural heritage sector”. The conference, while organised as an invite-only event, also included a publicly open session “Past, present and future of copyright & digital transformation. Opportunities in the copyright in the Digital Single Market Directive”. Timotej Kotnik Jesih attended the session on behalf of IPI.